[DOCID: f:hr636.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-636
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R.
2642) MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, THE DEPARTMENT
OF VETERANS AFFAIRS, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2008, AND FOR OTHER PURPOSES
_______
May 14, 2008.--Referred to the House Calendar and ordered to be printed
_______
Ms. Slaughter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1197]
The Committee on Rules, having had under consideration
House Resolution 1197, by a record vote of 7 to 2, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of the Senate
amendment to H.R. 2642, the ``Supplemental Appropriations Act,
2008.'' The resolution would make in order a motion offered by
the chairman of the Committee on Appropriations that the House
concur in the Senate amendment with each of the three
amendments printed in this report.
The rule waives all points of order against the motion
except those arising under clause 10 of rule XXI. The motion
shall be debatable for two hours equally divided and controlled
by the chairman and ranking minority member of the Committee on
Appropriations. The Senate amendment and the motion shall be
considered as read. The Chair shall divide the question among
each of the three House amendments. These votes will occur in
the order in which the amendments are printed in this report
notwithstanding the fact that any amendment adopted will be
engrossed in its respective place in the Senate amendment.
Notwithstanding the operation of the previous question, the
Chair may postpone consideration of the motion to a time
designated by the Speaker. Finally, the rule permits the
chairman of the Committee on Appropriations to insert in the
Congressional Record dated May 15, 2008, such material as he
may deem explanatory of the motion.
EXPLANATION OF WAIVERS
The waiver of all points of order against the motion
(except those arising under clause 10 of rule XXI) includes a
waiver of section 306 of the Congressional Budget Act
(prohibiting consideration in the House of measures within the
jurisdiction of the Committee on the Budget unless such
measures have been reported by the Committee on the Budget or
the Committee on the Budget has been discharged from their
consideration) and of clause 5(a) of rule XXI (prohibiting an
amendment in the House from carrying a tax or tariff measure
during consideration of a bill not reported by a committee
having jurisdiction over such measures).
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 497
Date: May 14, 2008.
Measure: Consideration of Senate amendment to H.R. 2642.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule for consideration
of the Senate amendments to the bill H.R. 2642, the Military
Construction and Veterans Affairs Appropriations Act of 2008.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Hastings (WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 498
Date: May 14, 2008.
Measure: Consideration of Senate amendment to H.R. 2642.
Motion by: Mr. Dreier.
Summary of motion: To amend the rule to make in order an
amendment to the motion to provide that the House concur in the
Senate amendment with the text of H.R. 6026, the Clean Global
War on Terror Supplemental Appropriations Act of 2008.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea;
Hastings (WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 499
Date: May 14, 2008.
Measure: Consideration of Senate amendment to H.R. 2642.
Motion by: Mr. Hastings (WA).
Summary of motion: To amend the rule to add as a new
section at the end of the resolution as follows: That upon
adoption of this resolution, H.R. 2638 (FY2008 Homeland
Security Appropriations bill), and its accompanying papers are
laid on the table.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea;
Hastings (WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 500
Date: May 14, 2008.
Measure: Consideration of Senate amendment to H.R. 2642.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 7-2.
Vote by Members: McGovern--Yea; Hastings (FL)--Yea;
Matsui--Yea; Welch--Yea; Arcuri--Yea; Sutton--Yea; Dreier--Nay;
Hastings (WA)--Nay; Slaughter--Yea.
SUMMARY OF THE HOUSE AMENDMENTS TO THE SENATE AMENDMENT TO H.R. 2642
MADE IN ORDER UNDER THE RULE
Amendment #1
The amendment provides funding for the Department of
Defense in the amount of $96.6 billion for FY 2008 and $65.9
billion for FY 2009, totaling $162.5 billion.
Amendment #2
The amendment requires that troops begin redeployment from
Iraq within 30 days with a goal of completing withdrawal of
combat troops by December of 2009. It requires that any
agreement between the United States and the Government of Iraq
committing U.S. forces be specifically authorized by Congress.
It requires that U.S. reconstruction aid for Iraq be matched
dollar-for-dollar by the Iraqi Government. It requires the
President to reach an agreement with Iraq to subsidize fuel
costs for U.S. Armed Forces operating in Iraq so that our
military pays what Iraqis pay. It requires that troops meet the
Pentagon's definition of ``combat ready'' before they can be
deployed to Iraq and prohibits troops from being deployed in
Iraq longer than recommended under Pentagon guidelines.
The amendment expands current law to make all contractors
working in war zones subject to prosecution for offenses that
would otherwise be in violation of U.S. law; extends the
statute of limitations for fraud cases during wartime; and
amends the federal criminal code to prohibit profiteering and
fraud involving contractors overseas. It prohibits the
establishment of permanent bases in Iraq. It prohibits
interrogation techniques not authorized in the Army Field
Manual.
Amendment #3
The amendment expands the education benefits veterans
receive under the GI bill and would impose a tax of 0.47% on
modified adjusted gross incomes above $500,000 ($1,000,000 for
joint incomes), a slight increase in the highest tax bracket,
to offset the cost of the expansion. It extends unemployment
benefits for workers who have exhausted their benefits by up to
13 weeks in every state as well as an additional 13 weeks in
states with high unemployment rates.
It places a moratorium on seven Medicaid regulations that
would cut services to seniors, families, and those with
disabilities as well as cut payments to safety net providers.
These costs are offset through amendments to Medicaid asset
verification provisions and Medicare physician assistance and
quality initiative funds.
The amendment provides $5.923 billion for the State
Department, USAID and International Food Assistance, including
$1.865 billion for international food and disaster assistance
and $675 million for refugee assistance.
The amendment provides $4.6 billion for military
construction, including $939 million for BRAC, over $210
million for military child care centers, and $956 million for
military hospitals. It provides $5.8 billion for efforts to
strengthen New Orleans levees in FY 2009. It provides $178
million to the Bureau of Prisons for rising incarceration costs
and a growing inmate population. It provides $210 million to
address decennial census cost overruns. Finally, it requires
companies that receive more than 80 percent of their revenue
from the federal government to disclose the names and salaries
of their top officers, and requires federal contractors to
report violations of federal criminal law and over-payments on
contracts over $5 million.
TEXT OF AMENDMENTS MADE IN ORDER
Text of House Amendment #1 to the Senate Amendment to
H.R. 2642 Made in Order Under the Rule
Page 60 of the Senate engrossed amendment, strike lines 1
through 3 and insert the following:
TITLE IX--DEFENSE MATTERS
CHAPTER 1--SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 2008
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,807,655,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$866,753,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $1,820,571,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,286,153,000.
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.
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'', $16,343,512,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance,
Navy'', $2,952,864,000: 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'', $5,922,520,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $3,387,562,000, 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; and
(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, 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,
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 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,
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 ``Afghanistan Security Forces
Fund'', $1,400,000,000, to remain available until September 30,
2009.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``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, 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, 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, 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.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $5,393,471,000, 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'',
$15,967,340,000, to remain available for obligation until
September 30, 2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $3,411,254,000, 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'',
$1,260,135,000, to remain available for obligation until
September 30, 2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$2,153,390,000, to remain available for obligation until
September 30, 2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $7,028,563,000, 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.
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'', $1,903,167,000, 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'', $750,000,000, to remain available for obligation
until September 30, 2010: Provided, 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'', $278,427,000, 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.
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'',
$1,363,864,000, of which $907,064,000 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 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. 9104. (a) From funds made available for operation and
maintenance in this chapter to the Department of Defense, not
to exceed $1,026,841,000 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) 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, 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: 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 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 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--BRIDGE FUND SUPPLEMENTAL 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.
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 nonreimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan: Provided further, 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, 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.
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 ``Afghanistan Security Forces
Fund'', $2,000,000,000, to remain available until September 30,
2009.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For ``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, 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, 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, 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.
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, That within 60 days 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: 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, 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 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) Not later than December 5, 2008 and every 90
days thereafter through the end of fiscal year 2009, the
Secretary of Defense, in consultation with the Secretary of
State, 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 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
Iraqi 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.
(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 1, 2009. 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 three-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, 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, 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) 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 thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations.
(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. 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) 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 is
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 is rescinded.
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. 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.
Text of House Amendment #2 to the Senate Amendment to H.R. 2642 Made in
Order Under the Rule
Page 60 of the Senate engrossed amendment, after line 3,
insert the following:
TITLE X--POLICY REGARDING OPERATIONS IN IRAQ
SENSE OF CONGRESS REGARDING UNITED STATES MILITARY PERSONNEL
Sec. 10001. It is the sense of the Congress that the
performance of United States military personnel should be
commended, their courage and sacrifice have been exceptional,
and when they come home, their service should be recognized
appropriately.
UNITS DEPLOYED FOR COMBAT TO BE FULLY MISSION CAPABLE
Sec. 10002. (a) The Congress finds that it is the policy of
the Department of Defense that units should not be deployed for
combat unless they are rated ``fully mission capable''.
(b) None of the funds made available in this or any other Act
may be used to deploy any unit of the Armed Forces to Iraq
unless the President has certified in writing to the Committees
on Appropriations and the Committees on Armed Services of the
House of Representatives and the Senate at least 15 days in
advance of the deployment that the unit is fully mission
capable in advance of entry into Iraq.
(c) For purposes of subsection (b), the term ``fully mission
capable'' means capable of performing assigned mission
essential tasks to the prescribed standards under the
conditions expected in the theater of operation, consistent
with the guidelines set forth in the DoD Directive 7730.65,
Subject: Department of Defense Readiness Reporting System; the
Interim Force Allocation Guidance to the Global Force
Management Board, dated February 6, 2008; and Army Regulation
220-1, Subject: Unit Status Reporting, dated December 19, 2006.
(d) The President, by certifying in writing to the Committees
on Appropriations and the Committees on Armed Services of the
House of Representatives and the Senate that the deployment to
Iraq of a unit that is not assessed mission capable is required
for reasons of national security and by submitting along with
the certification a report in classified and unclassified form
detailing the particular reason or reasons why the unit's
deployment is necessary despite the unit commander's assessment
that the unit is not mission capable, may waive the limitations
prescribed in subsection (b) on a unit-by-unit basis.
TIME LIMIT ON COMBAT DEPLOYMENTS
Sec. 10003. (a) The Congress finds that it is the policy of
the Department of Defense that Army, Army Reserve, and National
Guard units should not be deployed for combat beyond 365 days
and that Marine Corps and Marine Corps Reserve units should not
be deployed for combat beyond 210 days.
(b) None of the funds made available in this or any other Act
may be obligated or expended to initiate the development of,
continue the development of, or execute any order that has the
effect of extending the deployment for Operation Iraqi Freedom
of--
(1) any unit of the Army, Army Reserve, or Army
National Guard beyond 365 days; or
(2) any unit of the Marine Corps or Marine Corps
Reserve beyond 210 days.
(c) The limitation prescribed in subsection (b) shall not be
construed to require force levels in Iraq to be decreased below
the total United States force levels in Iraq as of January 9,
2007.
(d) The President may waive the limitations prescribed in
subsection (b) on a unit-by-unit basis if the President
certifies in writing to the Committees on Appropriations and
the Committees on Armed Services of the House of
Representatives and the Senate that the extension of a unit's
deployment in Iraq beyond the period applicable to the unit
under such subsection is required for reasons of national
security. The certification shall include a report, in
classified and unclassified form, detailing the particular
reason or reasons why the unit's extended deployment is
necessary.
DWELL TIME BETWEEN COMBAT DEPLOYMENTS
Sec. 10004. (a) The Congress finds that it is the policy of
the Department of Defense that an Army, Army Reserve, or
National Guard unit should not be redeployed for combat if the
unit has been deployed within the previous 365 consecutive days
and that a Marine Corps or Marine Corps Reserve unit should not
be redeployed for combat if the unit has been deployed within
the previous 210 days.
(b) None of the funds made available in this or any other Act
may be obligated or expended to initiate the development of,
continue the development of, or execute any order that has the
effect of deploying for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve, or Army
National Guard if such unit has been deployed within
the previous 365 consecutive days; or
(2) any unit of the Marine Corps or Marine Corps
Reserve if such unit has been deployed within the
previous 210 consecutive days.
(c) The limitation prescribed in subsection (b) shall not be
construed to require force levels in Iraq to be decreased below
the total United States force levels in Iraq as of January 9,
2007.
(d) The President may waive the limitations prescribed in
subsection (b) on a unit-by-unit basis if the President
certifies in writing to the Committees on Appropriations and
the Committees on Armed Services of the House of
Representatives and the Senate that the redeployment of a unit
to Iraq in advance of the expiration of the period applicable
to the unit under such subsection is required for reasons of
national security. The certification shall include a report, in
classified and unclassified form, detailing the particular
reason or reasons why the unit's early redeployment is
necessary.
LIMITATION ON INTERROGATION TECHNIQUES
Sec. 10005. (a) No individual in the custody or under the
effective control of an element of the intelligence community
or instrumentality thereof, regardless of nationality or
physical location, shall be subject to any treatment or
technique of interrogation not authorized by the United States
Army Field Manual on Human Intelligence Collector Operations.
(b) In this section, the term ``instrumentality'', with
respect to an element of the intelligence community, means a
contractor or subcontractor at any tier of the element of the
intelligence community.
REGISTRATION WITH THE INTERNATIONAL COMMITTEE OF THE RED CROSS
Sec. 10006. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to detain
any individual who is in the custody or under the effective
control of an element of the intelligence community or an
instrumentality thereof unless the International Committee of
the Red Cross is provided notification of the detention of and
access to such person in a timely manner and consistent with
the practices of the Armed Forces of the United States.
(b) For purposes of this section, the term
``instrumentality'', with respect to an element of the
intelligence community, means a contractor or subcontractor at
any tier of the element of the intelligence community.
(c) Nothing in this section shall be construed to create or
otherwise imply the authority to detain, or to limit or
otherwise affect any other rights or obligations which may
arise under the Geneva Conventions or other laws, or to state
all of the situations under which notification to and access
for the International Committee of the Red Cross is required or
allowed.
PROHIBITION OF PERMANENT BASES IN IRAQ
Sec. 10007. None of the funds appropriated or otherwise made
available in this or any other Act may be obligated or expended
by the United States Government for a purpose as follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
LIMITATION ON DEFENSE AGREEMENTS WITH THE GOVERNMENT OF IRAQ
Sec. 10008. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
negotiate, enter into, or implement any agreement with the
Government of Iraq that includes security assurances for mutual
defense, unless the agreement--
(1) is in the form of a treaty requiring the advice
and consent of the Senate (or is intended to take that
form in the case of an agreement under negotiation); or
(2) is specifically authorized by a law enacted after
the date of enactment of this Act.
(b) For purposes of this section, an agreement shall be
considered to include security assurances for mutual defense if
it includes provisions addressing any of the following:
(1) A binding commitment to deploy United States
Armed Forces in defense of Iraq, or of any government
or faction in Iraq, against any foreign or domestic
threat.
(2) The number of United States Armed Forces
personnel to be deployed to, or stationed in, Iraq.
(3) The mission of United States Armed Forces
deployed to Iraq.
(4) The duration of the presence of United States
Armed Forces in Iraq.
PROHIBITION ON AGREEMENTS SUBJECTING ARMED FORCES TO IRAQI CRIMINAL
JURISDICTION
Sec. 10009. None of the funds appropriated or otherwise made
available in this or any other Act may be used to negotiate,
enter into, or implement an agreement with the Government of
Iraq that would subject members of the Armed Forces of the
United States to the jurisdiction of Iraq criminal courts or
punishment under Iraq law.
REQUIREMENT FOR MATCHING FUNDS FROM GOVERNMENT OF IRAQ
Sec. 10010. (a) Notwithstanding any other provision of law,
funds appropriated or otherwise made available in this or any
other Act for assistance for Iraq, including training, capacity
building, and construction and repair of infrastructure, shall
be available only to the extent that the Government of Iraq
matches such assistance on a dollar-for-dollar basis.
(b) subsection (a) shall not apply to--
(1) grants and cooperative agreements for programs to
promote democracy and human rights;
(2) the Community Action Program and other direct
assistance to non-governmental organizations;
(3) humanitarian demining;
(4) assistance for refugees, internally displaced
persons, and civilian victims of military operations;
(5) intelligence or intelligence-related activities;
or
(6) projects with an estimated cost of less than
$750,000 undertaken through the Commander's Emergency
Response Program.
(c) The Secretary of State and the Secretary of Defense shall
certify to the Committees on Appropriations of the House of
Representatives and Senate, prior to the initial obligation by
their respective Departments of funds covered by the limitation
in subsection (a), that the Government of Iraq has committed to
obligate matching funds on a dollar-for-dollar basis. The
Secretary of State shall submit a report to the Committees on
Appropriations not later than September 30, 2009 detailing the
amounts of funds obligated and expended by the Government of
Iraq to meet the requirements of this section.
(d) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amounts provided by the Government
of Iraq since June 30, 2004, to assist Iraqi refugees in Syria,
Jordan, and elsewhere, and the amount of such assistance the
Government of Iraq plans to provide in fiscal year 2008. The
Secretary shall work expeditiously with the Government of Iraq
to establish an account within its annual budget sufficient to,
at a minimum, match United States contributions on a dollar-
for-dollar basis to organizations and programs for the purpose
of assisting Iraqi refugees.
(e) As part of the report required by section 609 of division
L of the Consolidated Appropriations Act, 2008 (Public Law 110-
161), the Secretary of Defense shall submit to Congress a
report on the most recent annual budget for the Government of
Iraq, including--
(1) 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;
(2) an assessment of the capacity of the Government
of Iraq to implement the budget as planned, including
reports on year-to-year spend rates, if available; and
(3) a description of any budget surplus or deficit,
if applicable.
PARTIAL REIMBURSEMENT FROM IRAQ FOR FUEL COSTS
Sec. 10011. (a) None of the funds made available in this Act
under the heading ``Operation and Maintenance, Defense-Wide''
for the Office of the Secretary of Defense or Washington
Headquarters Services may be obligated or expended until the
agreement described in subsection (b)(1) is complete and the
report required by subsection (b)(2) has been transmitted to
Congress, except that the limitation in this subsection may be
waived if the President determines and certifies to the
Committees on Appropriations of the House of Representatives
and Senate that such waiver is in the national security
interests of the United States.
(b) Not later than 90 days after enactment of this Act, the
President shall--
(1) complete an agreement with the Government of Iraq
to subsidize fuel costs for United States Armed Forces
operating in Iraq so the price of fuel per gallon to
those forces is equal to the discounted price per
gallon at which the Government of Iraq is providing
fuel for domestic Iraqi consumption; and
(2) transmit a report to the Committees on
Appropriations on the details and terms of that
agreement.
(c) Amounts received from the Government of Iraq under an
agreement described in subsection (b)(1) shall be credited to
the appropriations or funds that incurred obligations for the
fuel costs being subsidized, as determined by the Secretary of
Defense.
TIMETABLE FOR REDEPLOYMENT OF UNITED STATES FORCES FROM IRAQ
Sec. 10012. (a) Notwithstanding any other provision of law,
funds appropriated or otherwise made available in this Act may
be used to plan and execute a safe and orderly redeployment of
United States Armed Forces from Iraq.
(b) Within 30 days after enactment of this Act, the President
shall commence an immediate and orderly redeployment of United
States Armed Forces from Iraq, with a goal of completing such
redeployment within 18 months. The President shall endeavor to
begin such redeployment with units of the Armed Forces that
have been deployed in excess of 365 days, except to the extent
those units are needed to provide for the safe withdrawal of
other units of the Armed Forces or to protect United States and
Coalition personnel and infrastructure.
(c) After completion of the redeployment required by
subsection (b), members of the United States Armed Forces may
be deployed to, or maintained in, Iraq only to the extent
necessary to carry out the following missions:
(1) Protecting the diplomatic facilities, Armed
Forces, and citizens of the United States in Iraq.
(2) Conducting limited training of, equipping, and
providing logistical and intelligence support to, Iraqi
security forces.
(3) Engaging in targeted counterterrorism operations
against al-Qaeda, groups affiliated with al-Qaeda, and
other terrorist organizations in Iraq.
(d) Not later than July 1, 2008, and every 90 days
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the
following:
(1) The current plan for and the status of the
reduction of United States Armed Forces in Iraq and the
transition of the Armed Forces in Iraq to a limited
presence whose missions do not exceed the missions
specified in subsection (c), including the associated
force reductions and adjustments and expectations with
respect to timelines and the force levels anticipated
to perform those missions.
(2) A comprehensive current description of efforts to
prepare for the reduction and transition of United
States Armed Forces in Iraq in accordance with this
section and to limit any destabilizing consequences of
such reduction and transition, including a description
of efforts to work with the United Nations and
countries in the region toward that objective.
(e) Not later than 45 days after enactment of this Act, the
Secretary of State shall provide to the Committees on
Appropriations of the House of Representatives and Senate a
strategy for civilian-led post-conflict stabilization and
reconstruction assistance for Iraq. The strategy (which may be
provided in classified form if necessary) shall include--
(1) the plans and timetable for transfer of all
responsibility for United States post-conflict
stabilization and reconstruction assistance from the
Department of Defense to the Department of State and
the United States Agency for International Development;
and
(2) the staff, security and resource requirements for
United States diplomatic efforts and assistance
programs in Iraq.
TITLE XI--REFORMS RELATED TO WAR PROFITEERING AND CONTRACTORS
CHAPTER 1--ADJUSTMENT OF WARTIME STATUTE OF LIMITATIONS
ADJUSTMENT OF WARTIME STATUTE OF LIMITATIONS
Sec. 11101. Section 3287 of title 18, United States Code, is
amended--
(1) by inserting ``or Congress has enacted a specific
authorization for the use of the Armed Forces, as
described in section 5(b) of the War Powers Resolution
(50 U.S.C. 1544(b)),'' after ``is at war'';
(2) by inserting ``or directly connected with or
related to the authorized use of the Armed Forces''
after ``prosecution of the war'';
(3) by striking ``three years'' and inserting ``5
years'';
(4) by striking ``proclaimed by the President'' and
inserting ``proclaimed by a Presidential proclamation,
with notice to Congress,''; and
(5) by adding at the end the following: ``For
purposes of applying such definitions in this section,
the term `war' includes a specific authorization for
the use of the Armed Forces, as described in section
5(b) of the War Powers Resolution (50 U.S.C.
1544(b)).''.
CHAPTER 2--WAR PROFITEERING AND FRAUD
WAR PROFITEERING AND FRAUD
Sec. 11201. (a) Prohibition on War Profiteering.--
(1) In general.--Chapter 47 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 1041. War profiteering and fraud
``(a) Prohibition.--Whoever, in any matter involving a
contract with, or the provision of goods or services to, the
United States or a provisional authority, in connection with a
mission of the United States Government overseas, knowingly--
``(1)(A) executes or attempts to execute a scheme or
artifice to defraud the United States or that
authority; or
``(B) materially overvalues any good or service with
the intent to defraud the United States or that
authority;
shall be fined not more than $1,000,000 or imprisoned
not more than 20 years, or both; or
``(2) in connection with the contract or the
provision of those goods or services--
``(A) falsifies, conceals, or covers up by
any trick, scheme, or device a material fact;
``(B) makes any materially false, fictitious,
or fraudulent statements or representations; or
``(C) makes or uses any materially false
writing or document knowing the same to contain
any materially false, fictitious, or fraudulent
statement or entry;
shall be fined not more than $1,000,000 or imprisoned
not more than 10 years, or both.
``(b) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section.
``(c) Venue.--A prosecution for an offense under this section
may be brought--
``(1) as authorized by chapter 211 of this title;
``(2) in any district where any act in furtherance of
the offense took place; or
``(3) in any district where any party to the contract
or provider of goods or services is located.''.
(2) Table of sections.--The table of sections for
chapter 47 of such title is amended by adding at the
end the following:
``1041. War profiteering and fraud.''.
(b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18,
United States Code, is amended by striking ``or 1030'' and
inserting ``1030, or 1041''.
(c) Money Laundering.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by inserting ``section 1041
(relating to war profiteering and fraud),'' after ``liquidating
agent of financial institution),''.
(d) RICO.--Section 1961(1) of title 18, United States Code,
is amended by inserting ``section 1041 (relating to war
profiteering and fraud),'' after ``in connection with access
devices),''.
CHAPTER 3--MILITARY EXTRATERRITORIAL JURISDICTION
SHORT TITLE
Sec. 11301. This chapter may be cited as the ``MEJA Expansion
and Enforcement Act of 2008''.
LEGAL STATUS OF CONTRACT PERSONNEL
Sec. 11302. (a) Clarification of Military Extraterritorial
Jurisdiction Act.--
(1) Inclusion of federal employees and contractors.--
Section 3261(a) of title 18, United States Code, is
amended--
(A) in paragraph (1), by striking ``or'' at
the end;
(B) in paragraph (2), by striking the comma
at the end and inserting a semicolon; and
(C) by inserting after paragraph (2) the
following new paragraphs:
``(3) while employed by any Department or agency of
the United States other than the Armed Forces in a
foreign country in which the Armed Forces are
conducting a qualifying military operation; or
``(4) while employed as a security officer or
security contractor by any Department or agency of the
United States other than the Armed Forces,''.
(2) Definitions.--Section 3267 of title 18, United
States Code, is amended--
(A) in paragraph (1), by striking
subparagraph (A) and inserting the following
new subparagraph:
``(A) employed by or performing services
under a contract with or grant from the
Department of Defense (including a
nonappropriated fund instrumentality of the
Department) as--
``(i) a civilian employee (including
an employee from any other Executive
agency on temporary assignment to the
Department of Defense);
``(ii) a contractor (including a
subcontractor at any tier); or
``(iii) an employee of a contractor
(including a subcontractor at any
tier);''; and
(B) by adding at the end the following new
paragraphs:
``(5) The term `employed by any Department or agency
of the United States other than the Armed Forces'
means--
``(A) employed by or performing services
under a contract with or grant from any
Department or agency of the United States, or
any provisional authority funded in whole or
substantial part or created by the United
States Government, other than the Department of
Defense as--
``(i) a civilian employee;
``(ii) a contractor (including a
subcontractor at any tier); or
``(iii) an employee of a contractor
(including a subcontractor at any
tier);
``(B) present or residing outside the United
States in connection with such employment; and
``(C) not a national of or ordinarily a
resident in the host nation.
``(6) The term `employed as a security officer or
security contractor by any Department or agency of the
United States other than the Armed Forces' means--
``(A) employed by or performing services
under a contract with or grant from any
Department or agency of the United States, or
any provisional authority funded in whole or
substantial part or created by the United
States Government, other than the Department of
Defense as--
``(i) a civilian employee;
``(ii) a contractor (including a
subcontractor at any tier); or
``(iii) an employee of a contractor
(including a subcontractor at any
tier);
``(B) authorized in the course of such
employment--
``(i) to provide physical protection
to or security for persons, places,
buildings, facilities, supplies, or
means of transportation;
``(ii) to carry or possess a firearm
or dangerous weapon, as defined by
section 930(g)(2) of this chapter;
``(iii) to use force against another;
or
``(iv) to supervise individuals
performing the activities described in
clause (i), (ii) or (iii);
``(C) present or residing outside the United
States in connection with such employment; and
``(D) not a national of or ordinarily
resident in the host nation.
``(7) The term `qualifying military operation'
means--
``(A) a military operation covered by a
declaration of war or an authorization of the
use of military force by Congress;
``(B) a contingency operation (as defined in
section 101 of title 10); or
``(C) any other military operation outside of
the United States, including a humanitarian
assistance or peace keeping operation, provided
such operation is conducted pursuant to an
order from or approved by the Secretary of
Defense.''.
(b) Department of Justice Inspector General Report.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Inspector
General of the Department of Justice, in consultation
with the Inspectors General of the Department of
Defense, the Department of State, the United States
Agency for International Development, the Department of
Agriculture, the Department of Energy, and other
appropriate Federal departments and agencies, shall
submit to Congress a report in accordance with this
subsection.
(2) Content of report.--The report under paragraph
(1) shall include, for the period beginning on October
1, 2001, and ending on the date of the report--
(A) unless the description pertains to non-
public information that relates to an ongoing
investigation or criminal or civil proceeding
under seal, a description of any alleged
violations of section 3261 of title 18, United
States Code, reported to the Inspector Generals
identified in paragraph (1) or the Department
of Justice, including--
(i) the date of the complaint and the
type of offense alleged;
(ii) whether any investigation was
opened or declined based on the
complaint;
(iii) whether the investigation was
closed, and if so, when it was closed;
(iv) whether a criminal or civil case
was filed as a result of the
investigation, and if so, when it was
filed; and
(v) any charges or complaints filed
in those cases; and
(B) unless the description pertains to non-
public information that relates to an ongoing
investigation or criminal or civil proceeding
under seal, and with appropriate safeguards for
the protection of national security
information, a description of any shooting or
escalation of force incidents in Iraq or
Afghanistan involving alleged misconduct by
persons employed as a security officer or
security contractor by any Department or agency
of the United States, and any official action
taken against such persons.
(3) Form of report.--The report under paragraph (1)
shall be submitted in unclassified form, but may
contain a classified annex as appropriate.
INVESTIGATIVE UNITS FOR CONTRACTOR OVERSIGHT
Sec. 11303. (a) Establishment of Investigative Units for
Contractor Oversight.--
(1) In general.--The Attorney General, in
consultation with the Secretary of Defense, the
Secretary of State, the Secretary of Homeland Security,
and the heads of any other Federal departments or
agencies responsible for employing private security
contractors or contractors (or subcontractors at any
tier) in a foreign country where the Armed Forces are
conducting a qualifying military operation--
(A) shall assign adequate personnel and
resources through the creation of Investigative
Units for Contractor Oversight to investigate
allegations of criminal violations under
paragraphs (3) and (4) of section 3261(a) of
title 18, United States Code (as amended by
section 11302(a) of this chapter); and
(B) may authorize the overseas deployment of
law enforcement agents and other Department of
Justice personnel for that purpose.
(2) Rule of construction.--Nothing in this subsection
shall limit any existing authority of the Attorney
General or any Federal law enforcement agency to
investigate violations of Federal law or deploy
personnel overseas.
(b) Referral for Prosecution.--Upon conclusion of an
investigation of an alleged violation of sections 3261(a)(3)
and 3261(a)(4) of title 18, United States Code, an
Investigative Unit for Contractor Oversight may refer the
matter to the Attorney General for further action, as
appropriate in the discretion of the Attorney General.
(c) Responsibilities of the Attorney General.--
(1) Investigation.--The Attorney General shall have
the principal authority for the enforcement of sections
3261(a)(3) and 3261(a)(4) of title 18, United States
Code, and shall have the authority to initiate,
conduct, and supervise investigations of any alleged
violations of such sections 3261(a)(3) and 3261(a)(4).
(2) Assistance on request of the attorney general.--
Notwithstanding any statute, rule, or regulation to the
contrary, the Attorney General may request assistance
from the Secretary of Defense, the Secretary of State,
or the head of any other Executive agency to enforce
this chapter. This requested assistance may include the
assignment of additional personnel and resources to an
Investigative Unit for Contractor Oversight established
by the Attorney General under subsection (a).
(3) Annual report.--Not later than one year after the
date of enactment of this Act, and annually thereafter,
the Attorney General, in consultation with the
Secretary of Defense and the Secretary of State, shall
submit to Congress a report containing--
(A) the number of violations of sections
3261(a)(3) and 3261(a)(4) of title 18, United
States Code, received, investigated, and
referred for prosecution by Federal law
enforcement authorities during the previous
year;
(B) the number and location of Investigative
Units for Contractor Oversight deployed to
investigate violations of such sections
3261(a)(3) and 3261(a)(4) during the previous
year; and
(C) any recommended changes to Federal law
that the Attorney General considers necessary
to enforce this chapter and the amendments made
by this chapter and chapter 212 of title 18,
United States Code.
REMOVAL PROCEDURES FOR NON-DEPARTMENT OF DEFENSE EMPLOYEES AND
CONTRACTORS
Sec. 11304. (a) Attorney General Regulations.--Section 3266
of title 18, United States Code, is amended by adding at the
end the following:
``(d) The Attorney General, after consultation with the
Secretary of Defense, the Secretary of State, and the Director
of National Intelligence, may prescribe regulations governing
the investigation, apprehension, detention, delivery, and
removal of persons described in sections 3261(a)(3) and
3261(a)(4) and describing the notice due, if any, foreign
nationals potentially subject to the criminal jurisdiction of
the United States under those sections.''.
(b) Clarifying and Conforming Amendments.--
(1) In general.--Chapter 212 of title 18, United
States Code, is amended--
(A) in section 3261(a)--
(i) by inserting ``against the United
States'' after ``offense'' the first
time it appears; and
(ii) by inserting ``within the United
States or'' after ``had been engaged
in'';
(B) in section 3262--
(i) in subsection (a), by striking
``section 3261(a)'' the first place it
appears and inserting ``section
3261(a)(1) or 3261(a)(2)'';
(ii) by redesignating subsection (b)
as subsection (c); and
(iii) by inserting after subsection
(a) the following new subsection (b):
``(b) The Attorney General may designate and authorize any
person serving in a law enforcement position in the Department
of Justice, the Department of Defense, the Department State, or
any other Executive agency to arrest, in accordance with
applicable international agreements, outside the United States
any person described in section 3261(a) if there is probable
cause to believe that such person violated section 3261(a).'';
(C) in section 3263(a), by striking ``section
3261(a)'' the first place it appears and
inserting ``section 3261(a)(1) or 3261(a)(2)'';
(D) in section 3264(a), by inserting
``described in section 3261(a)(1) or
3261(a)(2)'' before ``arrested'';
(E) section 3265(a)(1) by inserting
``described in section 3261(a)(1) or
3261(a)(2)'' before ``arrested''; and
(F) in section 3266(a), by striking ``under
this chapter'' and inserting ``described in
section 3261(a)(1) or 3261(a)(2)''.
(2) Additional amendment.--Section 7(9) of title 18,
United States Code, is amended by striking ``section
3261(a)'' and inserting ``section 3261(a)(1) or
3261(a)(2)''.
RULES OF CONSTRUCTION
Sec. 11305. (a) In General.--Nothing in this chapter or the
amendments made by this chapter shall apply to authorized and
otherwise lawful intelligence activities carried out by or at
the direction of the United States.
(b) Defenses.--Nothing in this section shall be construed to
limit or extinguish any defense or protection otherwise
available to any person or entity from suit, civil or criminal
liability, or damages, or to provide immunity from prosecution
for any criminal offense by the proper authorities.
(c) Existing Extraterritorial Jurisdiction.--Nothing in this
chapter or the amendments made by this chapter shall be
construed to limit or affect the extraterritorial jurisdiction
related to any Federal statute not amended by this chapter.
DEFINITION
Sec. 11306. For purposes of this chapter and the amendments
made by this chapter, the term ``Executive agency'' has the
meaning given in section 105 of title 5, United States Code.
EFFECTIVE DATE
Sec. 11307. (a) Immediate Effectiveness.--The provisions of
this chapter shall enter into effect immediately upon the
enactment of this Act.
(b) Implementation.--The Attorney General and the head of any
other Federal department or agency to which this chapter
applies shall have 90 days after the date of the enactment of
this Act to ensure compliance with the provisions of this
chapter.
Text of House Amendment #3 to the Senate Amendment to H.R. 2642 Made in
Order Under the Rule
Page 1 of the Senate engrossed amendment, strike line 1 and
all that follows through the end of line 21 on page 59, and
insert the following:
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--COMMERCE, JUSTICE, AND SCIENCE
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.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United
States Attorneys'', $5,000,000, to remain available until
September 30, 2009.
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$18,621,000, to remain available until September 30, 2009.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$92,169,000, 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'',
$12,166,000, to remain available until September 30, 2009.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2009.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$9,100,000, to remain available until September 30, 2009.
CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$1,432,700,000, 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: 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, That of the funds made
available under this heading, $72,000,000 shall not be
obligated or expended until after that date on which the
Secretary of Defense submits a detailed spending plan,
including a 1391 form for each facilities replacement project,
to the Committees on Appropriations of the House of
Representatives and Senate: Provided further, That of the funds
provided under this heading, $533,700,000 shall not be
obligated or expended until the Secretary of Defense certifies
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'', $423,357,000, 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: 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'', $409,627,000, 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: 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, That of the funds
provided under this heading, $58,300,000 shall not be obligated
or expended until the Secretary of Defense certifies 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, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $1,009,600,000, 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: Provided further,
That of the funds provided, $982,000,000 shall be for medical
treatment facilities construction (including planning and
design) and shall remain available until September 30, 2012.
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),
$1,354,634,000, 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.
GENERAL PROVISION, THIS CHAPTER
Sec. 1301. None of the funds appropriated in this or any
other Act may be used to terminate, reorganize, or relocate the
Armed Forces Institute of Pathology 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.
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'', $1,606,808,000, to remain available until September
30, 2009, of which $210,508,000 for worldwide security
protection is available until expended: Provided, That not more
than $1,295,000,000 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 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'', $7,500,000, 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.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $76,700,000, to remain
available until expended, for facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $53,000,000 to remain available
until September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $333,600,000, to
remain available until September 30, 2009, for the United
Nations-African Union Hybrid Mission in Darfur.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $200,000,000, 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'',
$142,000,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading,
not more than $20,000,000 shall be 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'',
$1,747,000,000, to remain available until September 30, 2009,
of which not more than $440,000,000 may be made available for
assistance for Iraq, $150,000,000 shall be made available for
assistance for Jordan to meet the needs of Iraqi refugees, and
up to $53,000,000 may be available for energy-related
assistance for North Korea, notwithstanding any other provision
of law: Provided, That not more than $100,000,000 of the funds
appropriated under this heading shall be made available for
assistance for the West Bank 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, 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'',
$75,000,000, to remain available until September 30, 2009, for
democracy programs in Iraq.
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $419,300,000, to remain
available until September 30, 2009: Provided, That not more
than $25,000,000 of the funds appropriated by this subchapter
shall be made available for security assistance for the West
Bank.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $300,000,000, 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'', $25,000,000, to remain
available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $11,200,000, to
remain available until September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $72,500,000, to remain available until September 30,
2009, of which up to $66,500,000 shall be made available for
assistance for Mexico.
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'', $737,900,000, 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 $581,500,000 of the funds appropriated under this
heading shall be available for diplomatic operations in Iraq.
office of inspector general
(including transfers 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 $46,500,000 shall be transferred to the Special
Inspector General for Iraq Reconstruction for reconstruction
oversight and up to $5,000,000 shall be transferred to the
Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance,'' $41,300,000, which shall
become available on October 1, 2008 and remain available until
expended, for facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $75,000,000, which shall become
available on October 1, 2008 and remain available through
September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $150,500,000, which
shall become available on October 1, 2008 and remain available
through September 30, 2009.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $8,000,000, which shall become available on
October 1, 2008 and remain available through September 30,
2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child
Survival'', $75,000,000, which shall become available on
October 1, 2008 and remain available through September 30,
2009, for programs to combat avian influenza.
development assistance
For an additional amount for ``Development Assistance'',
$200,000,000, for assistance for developing countries to
address the international food crisis notwithstanding any other
provision of law, which shall become available on October 1,
2008 and remain available through September 30, 2010: Provided,
That such assistance should be carried out consistent with the
purposes of section 103(a)(1) of the Foreign Assistance Act of
1961: Provided further, That not more than $50,000,000 should
be made available for local or regional purchase and
distribution of food: Provided further, That the Secretary of
State shall submit to the Committees on Appropriations not
later than 45 days after enactment of this Act, and prior to
the initial obligation of funds appropriated under this
heading, a report on the proposed uses of such funds to
alleviate hunger and malnutrition, including a list of those
countries facing significant food shortages.
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $200,000,000, which shall become available on
October 1, 2008 and remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$93,000,000, which shall become available on October 1, 2008
and remain available through September 30, 2009.
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,''
$1,147,300,000, which shall become available on October 1, 2008
and remain available through September 30, 2009, of which not
more than $100,000,000 may be made available for assistance for
Iraq, $100,000,000 shall be made available for assistance for
Jordan, and $15,000,000 may be made available for energy-
related assistance for North Korea, notwithstanding any other
provision of law: Provided, That not more than $150,000,000 of
the funds appropriated under this heading in this subchapter
shall be made available for assistance for the West Bank.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $204,500,000, 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 made available by this subchapter shall be made
available for security assistance for the West Bank and up to
$53,500,000 shall 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.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $4,500,000, for
humanitarian demining assistance for Iraq, which shall become
available on October 1, 2008 and remain available through
September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $170,000,000, which shall become available on
October 1, 2008 and remain available through September 30,
2009, of which $100,000,000 shall be made available for
assistance for Jordan and up to $50,000,000 shall be made
available for assistance for Mexico: Provided, That 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'',
$85,000,000, which shall become available on October 1, 2008
and remain available through September 30, 2009.
SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER
EXTENSION OF AUTHORITIES
Sec. 1401. Funds appropriated by this chapter may be
obligated and expended notwithstanding section 10 of Public Law
91-672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal 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)).
AFGHANISTAN
Sec. 1402 (a) Assistance for Women and Girls.--Funds
appropriated by this chapter under the heading ``Economic
Support Fund'' that are available for assistance for
Afghanistan shall be made available, to the maximum extent
practicable, through local Afghan provincial and municipal
governments and Afghan civil society organizations and in a
manner that emphasizes the participation of Afghan women and
directly improves the economic, social and political status of
Afghan women and girls.
(b) Higher Education.--Of the funds appropriated by this
chapter under the heading ``Economic Support Fund'' that are
made available for education programs in Afghanistan, not less
than 50 percent shall be made available to support higher
education and vocational training programs in law, accounting,
engineering, public administration, and other disciplines
necessary to rebuild the country, in which the participation of
women is emphasized.
(c) Civilian Assistance.--Of the funds appropriated by this
chapter under the heading ``Economic Support Fund'' that are
available for assistance for Afghanistan, not less than
$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) Anticorruption.--Not later than 90 days after enactment
of this Act, the Secretary of State shall--
(1) submit a report to the Committees on
Appropriations on actions being taken by the Government
of Afghanistan to combat corruption within the national
and provincial governments, including to remove and
prosecute officials who have committed corrupt acts;
(2) submit a list to the Committees on
Appropriations, in classified form if necessary, of
senior Afghan officials who the Secretary has credible
evidence to believe have committed corrupt acts; and
(3) certify and report to the Committees on
Appropriations that effective mechanisms are in place
to ensure that assistance to national government
ministries and provincial governments will be properly
accounted for.
WEST BANK
Sec. 1403. Not 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 Appropriations, in classified form
if necessary, on the security strategy of the Palestinian
Authority.
MEXICO
Sec. 1404. (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 $296,500,000 of the funds appropriated in subchapter
A and $103,500,000 of the funds appropriated in subchapter B
shall be made available for assistance for Mexico, only to
combat drug trafficking and related violent crime, and for
judicial reform, institution building, and rule of law
activities, of which not less than $73,500,000 shall be used
for judicial reform, institution building, and rule of law
activities: Provided, That none of the funds made available
under this section shall be made available for budget support
or as cash payments: Provided further, That none of the funds
made available under this section shall be available for
obligation until the Secretary of State determines and reports
to the Committees on Appropriations that vetting procedures are
in place to ensure that relevant members and units of the
Mexican armed forces and police forces that may receive
assistance pursuant to this section have not been involved in
human rights violations or corrupt acts.
(b) Allocation of Funds.--25 percent of the funds made
available by this chapter for assistance for Mexico under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' shall
be withheld from obligation until the Secretary of State
reports to the Committees on Appropriations on the requirements
described in subsection (c).
(c) Requirements.--The requirements referred to in subsection
(b) are the following:
(1) The Government of Mexico is--
(A) improving the transparency and
accountability of Federal police forces and
engaging with state and municipal authorities
to improve the transparency and accountability
of state and municipal police forces through
mechanisms such as police complaints
commissions;
(B) ensuring meaningful engagement with civil
society to monitor efforts to combat drug
trafficking and related violent crime, judicial
reform, institution building, and rule of law
activities to ensure due process and the
protection of freedom of expression,
association, and assembly in accordance with
Mexican and international law; and
(C) ensuring that, in accordance with
applicable Mexican law, the Mexican armed
forces and the Federal police forces are
cooperating with civilian prosecutors and
judicial authorities in investigating and
prosecuting in the civilian justice system
those individuals, including military
personnel, who have been credibly alleged under
Mexican law to have committed violations of
internationally recognized human rights, and,
consistent with Mexican and international law,
is vigorously enforcing the prohibition on the
use of testimony obtained through torture or
other ill-treatment.
(2) The Federal Public Security Secretary and the
Minister of Defense, respectively, in accordance with
applicable Mexican law, are suspending or placing on
administrative duty, those members of the Federal
police and armed forces who have been credibly alleged
under Mexican law, to have committed violations of
internationally recognized human rights or participated
in corrupt acts and have established policies that
reward respect for human rights, in particular
regarding the use of force.
(3) The Attorney General and other relevant
authorities of the Mexican Government are investigating
and prosecuting members of the Mexican armed forces and
police forces who have been credibly alleged under
Mexican law to have committed violations of
internationally recognized human rights.
(d) Exception.--Notwithstanding subsections (b) and (c), 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 encompassing
Federal, state, and municipal police officials, and $5,000,000
may be made available to the Bureau of Alcohol, Tobacco,
Firearms and Explosives to deploy special agents in Mexico to
support Mexican law enforcement agencies in tracing seized
firearms and investigating firearms trafficking cases:
Provided, That section 484(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291c(a)) shall not apply with respect to
assistance for Mexico made available by this chapter.
(e) Report.--The report required in subsection (b) shall
include a description of actions taken with respect to each
requirement specified in subsection (c) and the cases or issues
brought to the attention of the Secretary of State for which
the response or action taken has been inadequate.
(f) Vetting.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the Committees on Appropriations a report, in classified form
if necessary, detailing the procedures used to vet Mexican
armed forces and police forces for eligibility to receive
assistance under this section.
(g) 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).
(h) Spending Plan.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a detailed spending plan
for funds appropriated or otherwise made available for Mexico
by this chapter, which shall include a strategy for combating
drug trafficking and related violent crime, judicial reform,
institution building, and rule of law activities, with concrete
goals, actions to be taken, budget proposals, and anticipated
results.
(i) Consultation.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter until
September 30, 2010, the Secretary of State shall consult with
Mexican and internationally recognized human rights
organizations on progress in meeting the requirements described
in subsection (c).
CENTRAL AMERICA
Sec. 1405. (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'', $61,500,000 shall be
made available for assistance for the countries of Central
America, Haiti, and the Dominican Republic only to combat drug
trafficking and related violent crime, and for judicial reform,
institution building, rule of law activities, and maritime
security: Provided, That of the funds appropriated under the
heading ``Economic Support Fund'', $15,000,000 shall be made
available through the United States Agency for International
Development for an Economic and Social Development Fund for the
countries of Central America: Provided further, That of the
funds appropriated under the heading ``International Narcotics
Control and Law Enforcement'', $2,500,000 shall be made
available for assistance for Haiti and $2,500,000 shall be made
available for assistance for the Dominican Republic: Provided
further, That none of the funds shall be made available for
budget support or as cash payments: Provided further, That none
of the funds shall be available for obligation until the
Secretary of State determines and reports to the Committees on
Appropriations that vetting procedures are in place to ensure
that Federal and municipal police forces and the armed forces
of the countries of Central America that may receive assistance
pursuant to this section have not been involved in human rights
violations or corrupt acts.
(b) Allocation of Funds.--(1) Up to 75 percent of the funds
appropriated under the headings ``International Narcotics
Control and Law Enforcement'' and ``Foreign Military Financing
Program'' in subchapter A that are available for assistance for
the countries of Central America may be obligated prior to the
certification and report by the Secretary of State required in
paragraph (2).
(2) The balance of the funds may be obligated not less than
120 days after the date of the enactment of this Act if, before
such obligation, the Secretary of State determines and reports
to the Committees on Appropriations that the requirements in
subsection (c) have been met.
(c) Requirements.--The requirements referred to in subsection
(b)(2) are the following:
(1) The International Law Enforcement Academy (ILEA)
in San Salvador, El Salvador is establishing a vetting
procedure for police and other public security
officials attending programs at the ILEA.
(2) The countries of Central America are--
(A) vetting members and units of Federal and
municipal police forces and the armed forces
that may receive assistance to ensure such
members and units have not been involved in
human rights violations or corrupt acts;
(B) strengthening law enforcement
capabilities, developing effective systems
information exchange, improving demand
reduction, and expanding public education,
prevention, and treatment programs;
(C) improving controls on chemical
precursors;
(D) adopting and implementing reforms that
improve the capacity and protect the
independence of the judiciary;
(E) reforming criminal procedures to ensure
due process and training Federal and municipal
police leadership in modern policing to curb
police abuses;
(F) targeting organizational structures and
financial and other assets of drug cartels;
(G) taking steps to curb corruption in law
enforcement agencies; and
(H) suspending, prosecuting, and punishing
members of the police forces who have been
credibly alleged to have committed violations
of human rights and corrupt acts, and
establishing policies for members of such
forces that reward respect for human rights, in
particular regarding the use of force.
(d) Report.--The report required in subsection (b)(2) shall
include actions taken with respect to each requirement and the
cases or issues brought to the attention of the Secretary for
which the response or action taken has been inadequate.
(e) Vetting.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations, in classified form
if necessary, detailing the procedures used by the Government
of the United States to vet the Federal and municipal police
and the armed forces of the countries of Central America for
eligibility to receive assistance under this section.
(f) Notification.--Funds made available for the countries of
Central America 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).
(g) Spending Plan.--Not later than 45 days after enactment of
this Act the Secretary of State shall submit to the Committees
on Appropriations a detailed spending plan for funds
appropriated or otherwise made available for the countries of
Central America, Haiti and the Dominican Republic in subchapter
A, which shall include a strategy for combating drug
trafficking and related violent crime, judicial reform,
institution building, and rule of law activities, with concrete
goals, actions to be taken, budget proposals and anticipated
results.
(h) Consultation.--Not later than 90 days after the date of
enactment of this Act and every 120 days thereafter until
September 30, 2010, the Secretary of State shall consult with
internationally recognized human rights organizations, and
human rights organizations in the countries of Central America
receiving assistance pursuant to this section, on progress in
meeting the requirements described in subsection (c).
(i) 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 transfer of funds)
Sec. 1406. (a) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' and allocated by section
3810 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28), $26,000,000 shall be transferred to and
merged with funds in the ``Buying Power Maintenance Account'':
Provided, That of the funds made available by this chapter up
to an additional $74,000,000 may be transferred to and merged
with the ``Buying Power Maintenance Account'', subject to the
regular notification procedures of the Committees on
Appropriations and in accordance with the procedures in section
34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706). Any funds transferred pursuant to this section
shall be available, without fiscal year limitation, pursuant to
section 24 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696).
(b) Section 24(b)(7) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by
amending subparagraph (D) to read as follows:
``(D) The authorities contained in this
paragraph may be exercised only with respect to
funds appropriated or otherwise made available
after fiscal year 2008.''.
RESCISSIONS
Sec. 1407. (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) Section 8002 of this Act shall not apply to this section.
ALLOCATIONS
Sec. 1408. (a) Funds provided in this chapter for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the explanatory statement 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. 1409. 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 PLAN AND NOTIFICATION PROCEDURES
Sec. 1410. (a) Subchapter A Spending Plan.--Not later than 45
days after the enactment of this Act the Secretary of State
shall submit to the Committees on Appropriations a report
detailing planned expenditures for funds appropriated under the
headings in subchapter A, except for funds appropriated under
the headings ``International Disaster Assistance'', ``Migration
and Refugee Assistance'', and ``United States Emergency Refugee
and Migration Assistance Fund''.
(b) Subchapter B Spending Plan.--The Secretary of State shall
submit to the Committees on Appropriations not later than
November 1, 2008, and prior to the initial obligation of funds,
a detailed spending plan for funds appropriated or otherwise
made available in subchapter B, except for funds appropriated
under the headings ``International Disaster Assistance'',
``Migration and Refugee Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund''.
(c) Notification.--Funds made available in this chapter shall
be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
TERMS AND CONDITIONS
Sec. 1411. 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.
TITLE II--DOMESTIC MATTERS
CHAPTER 1--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.
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.
CHAPTER 2--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'', for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $2,835,000,000, to remain
available until expended: Provided, That such sums shall not be
available until October 1, 2008: Provided further, 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: 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.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), for necessary expenses relating to
the consequences of Hurricane Katrina and other hurricanes of
the 2005 season, $2,926,000,000, to remain available until
expended: Provided, That such sums shall not be available until
October 1, 2008: Provided further, 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 used to complete the
authorized protection for the Lake Pontchartrain and Vicinity
Project and for the West Bank and Vicinity Project: 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 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.
CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
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.
CHAPTER 4--LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For 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.
TITLE III--VETERANS EDUCATIONAL ASSISTANCE
SHORT TITLE
Sec. 3001. This title may be cited as the ``Post-9/11
Veterans Educational Assistance Act of 2008''.
FINDINGS
Sec. 3002. Congress makes the following findings:
(1) On September 11, 2001, terrorists attacked the
United States, and the brave members of the Armed
Forces of the United States were called to the defense
of the Nation.
(2) Service on active duty in the Armed Forces has
been especially arduous for the members of the Armed
Forces since September 11, 2001.
(3) The United States has a proud history of offering
educational assistance to millions of veterans, as
demonstrated by the many ``G.I. Bills'' enacted since
World War II. Educational assistance for veterans helps
reduce the costs of war, assist veterans in readjusting
to civilian life after wartime service, and boost the
United States economy, and has a positive effect on
recruitment for the Armed Forces.
(4) The current educational assistance program for
veterans is outmoded and designed for peacetime service
in the Armed Forces.
(5) The people of the United States greatly value
military service and recognize the difficult challenges
involved in readjusting to civilian life after wartime
service in the Armed Forces.
(6) It is in the national interest for the United
States to provide veterans who serve on active duty in
the Armed Forces after September 11, 2001, with
enhanced educational assistance benefits that are
worthy of such service and are commensurate with the
educational assistance benefits provided by a grateful
Nation to veterans of World War II.
EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO SERVE AFTER
SEPTEMBER 11, 2001
Sec. 3003. (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.
``subchapter iii--administrative provisions
``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.
``SUBCHAPTER I--DEFINITIONS
``Sec. 3301. Definitions
``In this chapter:
``(1) The term `active duty' has the meanings as
follows (subject to the limitations specified in
sections 3002(6) and 3311(b) of this title):
``(A) In the case of members of the regular
components of the Armed Forces, the meaning
given such term in section 101(21)(A) of this
title.
``(B) In the case of members of the reserve
components of the Armed Forces, service on
active duty under a call or order to active
duty under section 688, 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10.
``(2) The term `entry level and skill training' means
the following:
``(A) In the case of members of the Army,
Basic Combat Training and Advanced Individual
Training.
``(B) In the case of members of the Navy,
Recruit Training (or Boot Camp) and Skill
Training (or so-called `A' School).
``(C) In the case of members of the Air
Force, Basic Military Training and Technical
Training.
``(D) In the case of members of the Marine
Corps, Recruit Training and Marine Corps
Training (or School of Infantry Training).
``(E) In the case of members of the Coast
Guard, Basic Training.
``(3) The term `program of education' has the meaning
the meaning given such term in section 3002 of this
title, except to the extent otherwise provided in
section 3313 of this title.
``(4) The term `Secretary of Defense' has the meaning
given such term in section 3002 of this title.
``SUBCHAPTER II--EDUCATIONAL ASSISTANCE
``Sec. 3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001:
entitlement
``(a) Entitlement.--Subject to subsections (d) and (e), each
individual described in subsection (b) is entitled to
educational assistance under this chapter.
``(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
``(1) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 36 months
on active duty in the Armed Forces (including
service on active duty in entry level and skill
training); and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty; or
``(ii) is discharged or released from
active duty as described in subsection
(c).
``(2) An individual who--
``(A) commencing on or after September 11,
2001, serves at least 30 continuous days on
active duty in the Armed Forces; and
``(B) after completion of service described
in subparagraph (A), is discharged or released
from active duty in the Armed Forces for a
service-connected disability.
``(3) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 30
months, but less than 36 months, on active duty
in the Armed Forces (including service on
active duty in entry level and skill training);
and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 36 months; or
``(ii) before completion of service
on active duty of an aggregate of 36
months, is discharged or released from
active duty as described in subsection
(c).
``(4) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 24
months, but less than 30 months, on active duty
in the Armed Forces (including service on
active duty in entry level and skill training);
and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 30 months; or
``(ii) before completion of service
on active duty of an aggregate of 30
months, is discharged or released from
active duty as described in subsection
(c).
``(5) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 18
months, but less than 24 months, on active duty
in the Armed Forces (excluding service on
active duty in entry level and skill training);
and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 24 months; or
``(ii) before completion of service
on active duty of an aggregate of 24
months, is discharged or released from
active duty as described in subsection
(c).
``(6) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 12
months, but less than 18 months, on active duty
in the Armed Forces (excluding service on
active duty in entry level and skill training);
and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 18 months; or
``(ii) before completion of service
on active duty of an aggregate of 18
months, is discharged or released from
active duty as described in subsection
(c).
``(7) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 6 months,
but less than 12 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 12 months; or
``(ii) before completion of service
on active duty of an aggregate of 12
months, is discharged or released from
active duty as described in subsection
(c).
``(8) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 90 days,
but less than 6 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 6 months; or
``(ii) before completion of service
on active duty of an aggregate of 6
months, is discharged or released from
active duty as described in subsection
(c).
``(c) Covered Discharges and Releases.--A discharge or
release from active duty of an individual described in this
subsection is a discharge or release as follows:
``(1) A discharge from active duty in the Armed
Forces with an honorable discharge.
``(2) A release after service on active duty in the
Armed Forces characterized by the Secretary concerned
as honorable service and placement on the retired list,
transfer to the Fleet Reserve or Fleet Marine Corps
Reserve, or placement on the temporary disability
retired list.
``(3) A release from active duty in the Armed Forces
for further service in a reserve component of the Armed
Forces after service on active duty characterized by
the Secretary concerned as honorable service.
``(4) A discharge or release from active duty in the
Armed Forces for--
``(A) a medical condition which preexisted
the service of the individual as described in
the applicable paragraph of subsection (b) and
which the Secretary determines is not service-
connected;
``(B) hardship; or
``(C) a physical or mental condition that was
not characterized as a disability and did not
result from the individual's own willful
misconduct but did interfere with the
individual's performance of duty, as determined
by the Secretary concerned in accordance with
regulations prescribed by the Secretary of
Defense.
``(d) Prohibition on Treatment of Certain Service as Period
of Active Duty.--The following periods of service shall not be
considered a part of the period of active duty on which an
individual's entitlement to educational assistance under this
chapter is based:
``(1) A period of service on active duty of an
officer pursuant to an agreement under section 2107(b)
of title 10.
``(2) A period of service on active duty of an
officer pursuant to an agreement under section 4348,
6959, or 9348 of title 10.
``(3) A period of service that is terminated because
of a defective enlistment and induction based on--
``(A) the individual's being a minor for
purposes of service in the Armed Forces;
``(B) an erroneous enlistment or induction;
or
``(C) a defective enlistment agreement.
``(e) Treatment of Individuals Entitled Under Multiple
Provisions.--In the event an individual entitled to educational
assistance under this chapter is entitled by reason of both
paragraphs (4) and (5) of subsection (b), the individual shall
be treated as being entitled to educational assistance under
this chapter by reason of paragraph (5) of such subsection.
``Sec. 3312. Educational assistance: duration
``(a) In General.--Subject to section 3695 of this title and
except as provided in subsections (b) and (c), an individual
entitled to educational assistance under this chapter is
entitled to a number of months of educational assistance under
section 3313 of this title equal to 36 months.
``(b) Continuing Receipt.--The receipt of educational
assistance under section 3313 of this title by an individual
entitled to educational assistance under this chapter is
subject to the provisions of section 3321(b)(2) of this title.
``(c) Discontinuation of Education for Active Duty.--(1) Any
payment of educational assistance described in paragraph (2)
shall not--
``(A) be charged against any entitlement to
educational assistance of the individual concerned
under this chapter; or
``(B) be counted against the aggregate period for
which section 3695 of this title limits the
individual's receipt of educational assistance under
this chapter.
``(2) Subject to paragraph (3), the payment of educational
assistance described in this paragraph is the payment of such
assistance to an individual for pursuit of a course or courses
under this chapter if the Secretary finds that the individual--
``(A)(i) in the case of an individual not serving on
active duty, had to discontinue such course pursuit as
a result of being called or ordered to serve on active
duty under section 688, 12301(a), 12301(d), 12301(g),
12302, or 12304 of title 10; or
``(ii) in the case of an individual serving on active
duty, had to discontinue such course pursuit as a
result of being ordered to a new duty location or
assignment or to perform an increased amount of work;
and
``(B) failed to receive credit or lost training time
toward completion of the individual's approved
education, professional, or vocational objective as a
result of having to discontinue, as described in
subparagraph (A), the individual's course pursuit.
``(3) The period for which, by reason of this subsection,
educational assistance is not charged against entitlement or
counted toward the applicable aggregate period under section
3695 of this title shall not exceed the portion of the period
of enrollment in the course or courses from which the
individual failed to receive credit or with respect to which
the individual lost training time, as determined under
paragraph (2)(B).
``Sec. 3313. Educational assistance: amount; payment
``(a) Payment.--The Secretary shall pay to each individual
entitled to educational assistance under this chapter who is
pursuing an approved program of education (other than a program
covered by subsections (e) and (f)) the amounts specified in
subsection (c) to meet the expenses of such individual's
subsistence, tuition, fees, and other educational costs for
pursuit of such program of education.
``(b) Approved Programs of Education.--A program of education
is an approved program of education for purposes of this
chapter if the program of education is offered by an
institution of higher learning (as that term is defined in
section 3452(f) of this title) and is approved for purposes of
chapter 30 of this title (including approval by the State
approving agency concerned).
``(c) Amount of Educational Assistance.--The amounts payable
under this subsection for pursuit of an approved program of
education are amounts as follows:
``(1) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(1) or 3311(b)(2) of this title, amounts
as follows:
``(A) An amount equal to the established
charges for the program of education, except
that the amount payable under this subparagraph
may not exceed the maximum amount of
established charges regularly charged in-State
students for full-time pursuit of approved
programs of education for undergraduates by the
public institution of higher education offering
approved programs of education for
undergraduates in the State in which the
individual is enrolled that has the highest
rate of regularly-charged established charges
for such programs of education among all public
institutions of higher education in such State
offering such programs of education.
``(B) A monthly stipend in an amount as
follows:
``(i) For each month the individual
pursues the program of education, other
than a program of education offered
through distance learning, a monthly
housing stipend amount equal to the
monthly amount of the basic allowance
for housing payable under section 403
of title 37 for a member with
dependents in pay grade E-5 residing in
the military housing area that
encompasses all or the majority portion
of the ZIP code area in which is
located the institution of higher
education at which the individual is
enrolled.
``(ii) For the first month of each
quarter, semester, or term, as
applicable, of the program of education
pursued by the individual, a lump sum
amount for books, supplies, equipment,
and other educational costs with
respect to such quarter, semester, or
term in the amount equal to--
``(I) $1,000, multiplied by
``(II) the fraction which is
the portion of a complete
academic year under the program
of education that such quarter,
semester, or term constitutes.
``(2) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(3) of this title, amounts equal to 90
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1) rather
than this paragraph.
``(3) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(4) of this title, amounts equal to 80
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1) rather
than this paragraph.
``(4) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(5) of this title, amounts equal to 70
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1) rather
than this paragraph.
``(5) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(6) of this title, amounts equal to 60
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1) rather
than this paragraph.
``(6) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(7) of this title, amounts equal to 50
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1) rather
than this paragraph.
``(7) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(8) of this title, amounts equal to 40
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1) rather
than this paragraph.
``(d) Frequency of Payment.--(1) Payment of the amounts
payable under subsection (c)(1)(A), and of similar amounts
payable under paragraphs (2) through (7) of subsection (c), for
pursuit of a program of education shall be made for the entire
quarter, semester, or term, as applicable, of the program of
education.
``(2) Payment of the amount payable under subsection
(c)(1)(B), and of similar amounts payable under paragraphs (2)
through (7) of subsection (c), for pursuit of a program of
education shall be made on a monthly basis.
``(3) The Secretary shall prescribe in regulations methods
for determining the number of months (including fractions
thereof) of entitlement of an individual to educational
assistance this chapter that are chargeable under this chapter
for an advance payment of amounts under paragraphs (1) and (2)
for pursuit of a program of education on a quarter, semester,
term, or other basis.
``(e) Programs of Education Pursued on Active Duty.--(1)
Educational assistance is payable under this chapter for
pursuit of an approved program of education while on active
duty.
``(2) The amount of educational assistance payable under this
chapter to an individual pursuing a program of education while
on active duty is the lesser of--
``(A) the established charges which similarly
circumstanced nonveterans enrolled in the program of
education involved would be required to pay; or
``(B) the amount of the charges of the educational
institution as elected by the individual in the manner
specified in section 3014(b)(1) of this title.
``(3) Payment of the amount payable under paragraph (2) for
pursuit of a program of education shall be made for the entire
quarter, semester, or term, as applicable, of the program of
education.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(3)) for which amounts are paid
an individual under this subsection, the entitlement of the
individual to educational assistance under this chapter shall
be charged at the rate of one month for each such month.
``(f) Programs of Education Pursued on Half-Time Basis or
Less.--(1) Educational assistance is payable under this chapter
for pursuit of an approved program of education on half-time
basis or less.
``(2) The educational assistance payable under this chapter
to an individual pursuing a program of education on half-time
basis or less is the amounts as follows:
``(A) The amount equal to the lesser of--
``(i) the established charges which similarly
circumstanced nonveterans enrolled in the
program of education involved would be required
to pay; or
``(ii) the maximum amount that would be
payable to the individual for the program of
education under paragraph (1)(A) of subsection
(c), or under the provisions of paragraphs (2)
through (7) of subsection (c) applicable to the
individual, for the program of education if the
individual were entitled to amounts for the
program of education under subsection (c)
rather than this subsection.
``(B) A stipend in an amount equal to the amount of
the appropriately reduced amount of the lump sum amount
for books, supplies, equipment, and other educational
costs otherwise payable to the individual under
subsection (c).
``(3) Payment of the amounts payable to an individual under
paragraph (2) for pursuit of a program of education on half-
time basis or less shall be made for the entire quarter,
semester, or term, as applicable, of the program of education.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(3)) for which amounts are paid
an individual under this subsection, the entitlement of the
individual to educational assistance under this chapter shall
be charged at a percentage of a month equal to--
``(A) the number of course hours borne by the
individual in pursuit of the program of education
involved, divided by
``(B) the number of course hours for full-time
pursuit of such program of education.
``(g) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A) (and
of similar amounts payable under paragraphs (2) through (7) of
subsection (c)), (e)(2) and (f)(2)(A) shall be paid directly to
the educational institution concerned.
``(h) Established Charges Defined.--(1) In this section, the
term `established charges', in the case of a program of
education, means the actual charges (as determined pursuant to
regulations prescribed by the Secretary) for tuition and fees
which similarly circumstanced nonveterans enrolled in the
program of education would be required to pay.
``(2) Established charges shall be determined for purposes of
this subsection on the following basis:
``(A) In the case of an individual enrolled in a
program of education offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the term, quarter, or semester.
``(B) In the case of an individual enrolled in a
program of education not offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the entire program of education.
``Sec. 3314. Tutorial assistance
``(a) In General.--Subject to subsection (b), an individual
entitled to educational assistance under this chapter shall
also be entitled to benefits provided an eligible veteran under
section 3492 of this title.
``(b) Conditions.--(1) The provision of benefits under
subsection (a) shall be subject to the conditions applicable to
an eligible veteran under section 3492 of this title.
``(2) In addition to the conditions specified in paragraph
(1), benefits may not be provided to an individual under
subsection (a) unless the professor or other individual
teaching, leading, or giving the course for which such benefits
are provided certifies that--
``(A) such benefits are essential to correct a
deficiency of the individual in such course; and
``(B) such course is required as a part of, or is
prerequisite or indispensable to the satisfactory
pursuit of, an approved program of education.
``(c) Amount.--(1) The amount of benefits described in
subsection (a) that are payable under this section may not
exceed $100 per month, for a maximum of 12 months, or until a
maximum of $1,200 is utilized.
``(2) The amount provided an individual under this subsection
is in addition to the amounts of educational assistance paid
the individual under section 3313 of this title.
``(d) No Charge Against Entitlement.--Any benefits provided
an individual under subsection (a) are in addition to any other
educational assistance benefits provided the individual under
this chapter.
``Sec. 3315. Licensure and certification tests
``(a) In General.--An individual entitled to educational
assistance under this chapter shall also be entitled to payment
for one licensing or certification test described in section
3452(b) of this title.
``(b) Limitation on Amount.--The amount payable under
subsection (a) for a licensing or certification test may not
exceed the lesser of--
``(1) $2,000; or
``(2) the fee charged for the test.
``(c) No Charge Against Entitlement.--Any amount paid an
individual under subsection (a) is in addition to any other
educational assistance benefits provided the individual under
this chapter.
``Sec. 3316. Supplemental educational assistance: members with critical
skills or specialty; members serving additional
service
``(a) Increased Assistance for Members With Critical Skills
or Specialty.--(1) In the case of an individual who has a skill
or specialty designated by the Secretary concerned as a skill
or specialty in which there is a critical shortage of personnel
or for which it is difficult to recruit or, in the case of
critical units, retain personnel, the Secretary concerned may
increase the monthly amount of educational assistance otherwise
payable to the individual under paragraph (1)(B) of section
3313(c) of this title, or under paragraphs (2) through (7) of
such section (as applicable).
``(2) The amount of the increase in educational assistance
authorized by paragraph (1) may not exceed the amount equal to
the monthly amount of increased basic educational assistance
providable under section 3015(d)(1) of this title at the time
of the increase under paragraph (1).
``(b) Supplemental Assistance for Additional Service.--(1)
The Secretary concerned may provide for the payment to an
individual entitled to educational assistance under this
chapter of supplemental educational assistance for additional
service authorized by subchapter III of chapter 30 of this
title. The amount so payable shall be payable as an increase in
the monthly amount of educational assistance otherwise payable
to the individual under paragraph (1)(B) of section 3313(c) of
this title, or under paragraphs (2) through (7) of such section
(as applicable).
``(2) Eligibility for supplement educational assistance under
this subsection shall be determined in accordance with the
provisions of subchapter III of chapter 30 of this title,
except that any reference in such provisions to eligibility for
basic educational assistance under a provision of subchapter II
of chapter 30 of this title shall be treated as a reference to
eligibility for educational assistance under the appropriate
provision of this chapter.
``(3) The amount of supplemental educational assistance
payable under this subsection shall be the amount equal to the
monthly amount of supplemental educational payable under
section 3022 of this title.
``(c) Regulations.--The Secretaries concerned shall
administer this section in accordance with such regulations as
the Secretary of Defense shall prescribe.
``Sec. 3317. Public-private contributions for additional educational
assistance
``(a) Establishment of Program.--In instances where the
educational assistance provided pursuant to section
3313(c)(1)(A) does not cover the full cost of established
charges (as specified in section 3313 of this title), the
Secretary shall carry out a program under which colleges and
universities can, voluntarily, enter into an agreement with the
Secretary to cover a portion of those established charges not
otherwise covered under section 3313(c)(1)(A), which
contributions shall be matched by equivalent contributions
toward such costs by the Secretary. The program shall only
apply to covered individuals described in paragraphs (1) and
(2) of section 3311(b).
``(b) Designation of Program.--The program under this section
shall be known as the `Yellow Ribbon G.I. Education Enhancement
Program'.
``(c) Agreements.--The Secretary shall enter into an
agreement with each college or university seeking to
participate in the program under this section. Each agreement
shall specify the following:
``(1) The manner (whether by direct grant,
scholarship, or otherwise) of the contributions to be
made by the college or university concerned.
``(2) The maximum amount of the contribution to be
made by the college or university concerned with
respect to any particular individual in any given
academic year.
``(3) The maximum number of individuals for whom the
college or university concerned will make contributions
in any given academic year.
``(4) Such other matters as the Secretary and the
college or university concerned jointly consider
appropriate.
``(d) Matching Contributions.--(1) In instances where the
educational assistance provided an individual under section
3313(c)(1)(A) of this title does not cover the full cost of
tuition and mandatory fees at a college or university, the
Secretary shall provide up to 50 percent of the remaining costs
for tuition and mandatory fees if the college or university
voluntarily enters into an agreement with the Secretary to
match an equal percentage of any of the remaining costs for
such tuition and fees.
``(2) Amounts available to the Secretary under section
3324(b) of this title for payment of the costs of this chapter
shall be available to the Secretary for purposes of paragraph
(1).
``(e) Outreach.--The Secretary shall make available on the
Internet website of the Department available to the public a
current list of the colleges and universities participating in
the program under this section. The list shall specify, for
each college or university so listed, appropriate information
on the agreement between the Secretary and such college or
university under subsection (c).
``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
``Sec. 3321. Time limitation for use of and eligibility for entitlement
``(a) In General.--Except as provided in this section, the
period during which an individual entitled to educational
assistance under this chapter may use such individual's
entitlement expires at the end of the 15-year period beginning
on the date of such individual's last discharge or release from
active duty.
``(b) Exceptions.--(1) Subsections (b), (c), and (d) of
section 3031 of this title shall apply with respect to the
running of the 15-year period described in subsection (a) of
this section in the same manner as such subsections apply under
section 3031 of this title with respect to the running of the
10-year period described in section 3031(a) of this title.
``(2) Section 3031(f) of this title shall apply with respect
to the termination of an individual's entitlement to
educational assistance under this chapter in the same manner as
such section applies to the termination of an individual's
entitlement to educational assistance under chapter 30 of this
title, except that, in the administration of such section for
purposes of this chapter, the reference to section 3013 of this
title shall be deemed to be a reference to 3312 of this title.
``(3) For purposes of subsection (a), an individual's last
discharge or release from active duty shall not include any
discharge or release from a period of active duty of less than
90 days of continuous service, unless the individual is
discharged or released as described in section 3311(b)(2) of
this title.
``Sec. 3322. Bar to duplication of educational assistance benefits
``(a) In General.--An individual entitled to educational
assistance under this chapter who is also eligible for
educational assistance under chapter 30, 31, 32, or 35 of this
title, chapter 107, 1606, or 1607 of title 10, or the
provisions of the Hostage Relief Act of 1980 (Public Law 96-
449; 5 U.S.C. 5561 note) may not receive assistance under two
or more such programs concurrently, but shall elect (in such
form and manner as the Secretary may prescribe) under which
chapter or provisions to receive educational assistance.
``(b) Inapplicability of Service Treated Under Educational
Loan Repayment Programs.--A period of service counted for
purposes of repayment of an education loan under chapter 109 of
title 10 may not be counted as a period of service for
entitlement to educational assistance under this chapter.
``(c) Service in Selected Reserve.--An individual who serves
in the Selected Reserve may receive credit for such service
under only one of this chapter, chapter 30 of this title, and
chapters 1606 and 1607 of title 10, and shall elect (in such
form and manner as the Secretary may prescribe) under which
chapter such service is to be credited.
``(d) Additional Coordination Matters.--In the case of an
individual entitled to educational assistance under chapter 30,
31, 32, or 35 of this title, chapter 107, 1606, or 1607 of
title 10, or the provisions of the Hostage Relief Act of 1980,
or making contributions toward entitlement to educational
assistance under chapter 30 of this title, as of August 1,
2009, coordination of entitlement to educational assistance
under this chapter, on the one hand, and such chapters or
provisions, on the other, shall be governed by the provisions
of section 3003(c) of the Post-9/11 Veterans Educational
Assistance Act of 2008.
``Sec. 3323. Administration
``(a) In General.--(1) Except as otherwise provided in this
chapter, the provisions specified in section 3034(a)(1) of this
title shall apply to the provision of educational assistance
under this chapter.
``(2) In applying the provisions referred to in paragraph (1)
to an individual entitled to educational assistance under this
chapter for purposes of this section, the reference in such
provisions to the term `eligible veteran' shall be deemed to
refer to an individual entitled to educational assistance under
this chapter.
``(3) In applying section 3474 of this title to an individual
entitled to educational assistance under this chapter for
purposes of this section, the reference in such section 3474 to
the term `educational assistance allowance' shall be deemed to
refer to educational assistance payable under section 3313 of
this title.
``(4) In applying section 3482(g) of this title to an
individual entitled to educational assistance under this
chapter for purposes of this section--
``(A) the first reference to the term `educational
assistance allowance' in such section 3482(g) shall be
deemed to refer to educational assistance payable under
section 3313 of this title; and
``(B) the first sentence of paragraph (1) of such
section 3482(g) shall be applied as if such sentence
ended with `equipment'.
``(b) Information on Benefits.--(1) The Secretary of Veterans
Affairs shall provide the information described in paragraph
(2) to each member of the Armed Forces at such times as the
Secretary of Veterans Affairs and the Secretary of Defense
shall jointly prescribe in regulations.
``(2) The information described in this paragraph is
information on benefits, limitations, procedures, eligibility
requirements (including time-in-service requirements), and
other important aspects of educational assistance under this
chapter, including application forms for such assistance under
section 5102 of this title.
``(3) The Secretary of Veterans Affairs shall furnish the
information and forms described in paragraph (2), and other
educational materials on educational assistance under this
chapter, to educational institutions, training establishments,
military education personnel, and such other persons and
entities as the Secretary considers appropriate.
``(c) Regulations.--(1) The Secretary shall prescribe
regulations for the administration of this chapter.
``(2) Any regulations prescribed by the Secretary of Defense
for purposes of this chapter shall apply uniformly across the
Armed Forces.
``Sec. 3324. Allocation of administration and costs
``(a) Administration.--Except as otherwise provided in this
chapter, the Secretary shall administer the provision of
educational assistance under this chapter.
``(b) Costs.--Payments for entitlement to educational
assistance earned under this chapter shall be made from funds
appropriated to, or otherwise made available to, the Department
of Veterans Affairs for the payment of readjustment
benefits.''.
(2) Clerical amendments.--The tables of chapters at
the beginning of title 38, United States Code, and at
the beginning of part III of such title, are each
amended by inserting after the item relating to chapter
32 the following new item:
``33. Post-9/11 Educational Assistance...........................3301''.
(b) Conforming Amendments.--
(1) Amendments relating to duplication of benefits.--
(A) Section 3033 of title 38, United States
Code, is amended--
(i) in subsection (a)(1), by
inserting ``33,'' after ``32,''; and
(ii) in subsection (c), by striking
``both the program established by this
chapter and the program established by
chapter 106 of title 10'' and inserting
``two or more of the programs
established by this chapter, chapter 33
of this title, and chapters 1606 and
1607 of title 10''.
(B) Paragraph (4) of section 3695(a) of such
title is amended to read as follows:
``(4) Chapters 30, 32, 33, 34, 35, and 36 of this
title.''.
(C) Section 16163(e) of title 10, United
States Code, is amended by inserting ``33,''
after ``32,''.
(2) Additional conforming amendments.--
(A) Title 38, United States Code, is further
amended by inserting ``33,'' after ``32,'' each
place it appears in the following provisions:
(i) In subsections (b) and (e)(1) of
section 3485.
(ii) In section 3688(b).
(iii) In subsections (a)(1), (c)(1),
(c)(1)(G), (d), and (e)(2) of section
3689.
(iv) In section 3690( b)(3)(A).
(v) In subsections (a) and (b) of
section 3692.
(vi) In section 3697(a).
(B) Section 3697A(b)(1) of such title is
amended by striking ``or 32'' and inserting
``32, or 33''.
(c) Applicability to Individuals Under Montgomery GI Bill
Program.--
(1) Individuals eligible to elect participation in
post-9/11 educational assistance.--An individual may
elect to receive educational assistance under chapter
33 of title 38, United States Code (as added by
subsection (a)), if such individual--
(A) as of August 1, 2009--
(i) is entitled to basic educational
assistance under chapter 30 of title
38, United States Code, and has used,
but retains unused, entitlement under
that chapter;
(ii) is entitled to educational
assistance under chapter 107, 1606, or
1607 of title 10, United States Code,
and has used, but retains unused,
entitlement under the applicable
chapter;
(iii) is entitled to basic
educational assistance under chapter 30
of title 38, United States Code, but
has not used any entitlement under that
chapter;
(iv) is entitled to educational
assistance under chapter 107, 1606, or
1607 of title 10, United States Code,
but has not used any entitlement under
such chapter;
(v) is a member of the Armed Forces
who is eligible for receipt of basic
educational assistance under chapter 30
of title 38, United States Code, and is
making contributions toward such
assistance under section 3011(b) or
3012(c) of such title; or
(vi) is a member of the Armed Forces
who is not entitled to basic
educational assistance under chapter 30
of title 38, United States Code, by
reason of an election under section
3011(c)(1) or 3012(d)(1) of such title;
and
(B) as of the date of the individual's
election under this paragraph, meets the
requirements for entitlement to educational
assistance under chapter 33 of title 38, United
States Code (as so added).
(2) Cessation of contributions toward gi bill.--
Effective as of the first month beginning on or after
the date of an election under paragraph (1) of an
individual described by subparagraph (A)(v) of that
paragraph, the obligation of the individual to make
contributions under section 3011(b) or 3012(c) of title
38, United States Code, as applicable, shall cease, and
the requirements of such section shall be deemed to be
no longer applicable to the individual.
(3) Revocation of remaining transferred
entitlement.--
(A) Election to revoke.--If, on the date an
individual described in subparagraph (A)(i) or
(A)(iii) of paragraph (1) makes an election
under that paragraph, a transfer of the
entitlement of the individual to basic
educational assistance under section 3020 of
title 38, United States Code, is in effect and
a number of months of the entitlement so
transferred remain unutilized, the individual
may elect to revoke all or a portion of the
entitlement so transferred that remains
unutilized.
(B) Availability of revoked entitlement.--Any
entitlement revoked by an individual under this
paragraph shall no longer be available to the
dependent to whom transferred, but shall be
available to the individual instead for
educational assistance under chapter 33 of
title 38, United States Code (as so added), in
accordance with the provisions of this
subsection.
(C) Availability of unrevoked entitlement.--
Any entitlement described in subparagraph (A)
that is not revoked by an individual in
accordance with that subparagraph shall remain
available to the dependent or dependents
concerned in accordance with the current
transfer of such entitlement under section 3020
of title 38, United States Code.
(4) Post-9/11 educational assistance.--
(A) In general.--Subject to subparagraph (B)
and except as provided in paragraph (5), an
individual making an election under paragraph
(1) shall be entitled to educational assistance
under chapter 33 of title 38, United States
Code (as so added), in accordance with the
provisions of such chapter, instead of basic
educational assistance under chapter 30 of
title 38, United States Code, or educational
assistance under chapter 107, 1606, or 1607 of
title 10, United States Code, as applicable.
(B) Limitation on entitlement for certain
individuals.--In the case of an individual
making an election under paragraph (1) who is
described by subparagraph (A)(i) of that
paragraph, the number of months of entitlement
of the individual to educational assistance
under chapter 33 of title 38, United States
Code (as so added), shall be the number of
months equal to--
(i) the number of months of unused
entitlement of the individual under
chapter 30 of title 38, United States
Code, as of the date of the election,
plus
(ii) the number of months, if any, of
entitlement revoked by the individual
under paragraph (3)(A).
(5) Continuing entitlement to educational assistance
not available under 9/11 assistance program.--
(A) In general.--In the event educational
assistance to which an individual making an
election under paragraph (1) would be entitled
under chapter 30 of title 38, United States
Code, or chapter 107, 1606, or 1607 of title
10, United States Code, as applicable, is not
authorized to be available to the individual
under the provisions of chapter 33 of title 38,
United States Code (as so added), the
individual shall remain entitled to such
educational assistance in accordance with the
provisions of the applicable chapter.
(B) Charge for use of entitlement.--The
utilization by an individual of entitlement
under subparagraph (A) shall be chargeable
against the entitlement of the individual to
educational assistance under chapter 33 of
title 38, United States Code (as so added), at
the rate of one month of entitlement under such
chapter 33 for each month of entitlement
utilized by the individual under subparagraph
(A) (as determined as if such entitlement were
utilized under the provisions of chapter 30 of
title 38, United States Code, or chapter 107,
1606, or 1607 of title 10, United States Code,
as applicable).
(6) Additional post-9/11 assistance for members
having made contributions toward gi bill.--
(A) Additional assistance.--In the case of an
individual making an election under paragraph
(1) who is described by clause (i), (iii), or
(v) of subparagraph (A) of that paragraph, the
amount of educational assistance payable to the
individual under chapter 33 of title 38, United
States Code (as so added), as a monthly stipend
payable under paragraph (1)(B) of section
3313(c) of such title (as so added), or under
paragraphs (2) through (7) of that section (as
applicable), shall be the amount otherwise
payable as a monthly stipend under the
applicable paragraph increased by the amount
equal to--
(i) the total amount of contributions
toward basic educational assistance
made by the individual under section
3011(b) or 3012(c) of title 38, United
States Code, as of the date of the
election, multiplied by
(ii) the fraction--
(I) the numerator of which
is--
(aa) the number of
months of entitlement
to basic educational
assistance under
chapter 30 of title 38,
United States Code,
remaining to the
individual at the time
of the election; plus
(bb) the number of
months, if any, of
entitlement under such
chapter 30 revoked by
the individual under
paragraph (3)(A); and
(II) the denominator of which
is 36 months.
(B) Months of remaining entitlement for
certain individuals.--In the case of an
individual covered by subparagraph (A) who is
described by paragraph (1)(A)(v), the number of
months of entitlement to basic educational
assistance remaining to the individual for
purposes of subparagraph (A)(ii)(I)(aa) shall
be 36 months.
(C) Timing of payment.--The amount payable
with respect to an individual under
subparagraph (A) shall be paid to the
individual together with the last payment of
the monthly stipend payable to the individual
under paragraph (1)(B) of section 3313(c) of
title 38, United States Code (as so added), or
under paragraphs (2) through (7) of that
section (as applicable), before the exhaustion
of the individual's entitlement to educational
assistance under chapter 33 of such title (as
so added).
(7) Continuing entitlement to additional assistance
for critical skills or speciality and additional
service.--An individual making an election under
paragraph (1)(A) who, at the time of the election, is
entitled to increased educational assistance under
section 3015(d) of title 38, United States Code, or
section 16131(i) of title 10, United States Code, or
supplemental educational assistance under subchapter
III of chapter 30 of title 38, United States Code,
shall remain entitled to such increased educational
assistance or supplemental educational assistance in
the utilization of entitlement to educational
assistance under chapter 33 of title 38, United States
Code (as so added), in an amount equal to the quarter,
semester, or term, as applicable, equivalent of the
monthly amount of such increased educational assistance
or supplemental educational assistance payable with
respect to the individual at the time of the election.
(8) Irrevocability of elections.--An election under
paragraph (1) or (3)(A) is irrevocable.
(d) Effective Date.--This section and the amendments made by
this section shall take effect on August 1, 2009.
INCREASE IN AMOUNTS OF BASIC EDUCATIONAL ASSISTANCE UNDER THE
MONTGOMERY GI BILL
Sec. 3004. (a) Educational Assistance Based on Three-Year
Period of Obligated Service.--Subsection (a)(1) of section 3015
of title 38, United States Code, is amended--
(1) by striking subparagraphs (A) through (C) and
inserting the following new subparagraph:
``(A) for months occurring during the period
beginning on August 1, 2008, and ending on the last day
of fiscal year 2009, $1,321; and''; and
(2) by redesignating subparagraph (D) as subparagraph
(B).
(b) Educational Assistance Based on Two-Year Period of
Obligated Service.--Subsection (b)(1) of such section is
amended--
(1) by striking subparagraphs (A) through (C) and
inserting the following new subparagraph:
``(A) for months occurring during the period
beginning on August 1, 2008, and ending on the last day
of fiscal year 2009, $1,073; and''; and
(2) by redesignating subparagraph (D) as subparagraph
(B).
(c) Modification of Mechanism for Cost-of-Living
Adjustments.--Subsection (h)(1) of such section is amended by
striking subparagraphs (A) and (B) and inserting the following
new subparagraphs:
``(A) the average cost of undergraduate tuition in
the United States, as determined by the National Center
for Education Statistics, for the last academic year
preceding the beginning of the fiscal year for which
the increase is made, exceeds
``(B) the average cost of undergraduate tuition in
the United States, as so determined, for the academic
year preceding the academic year described in
subparagraph (A).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section
shall take effect on August 1, 2008.
(2) No cost-of-living adjustment for fiscal year
2009.--The adjustment required by subsection (h) of
section 3015 of title 38, United States Code (as
amended by this section), in rates of basic educational
assistance payable under subsections (a) and (b) of
such section (as so amended) shall not be made for
fiscal year 2009.
MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT OF STATE AND LOCAL
AGENCIES ADMINISTERING VETERANS EDUCATION BENEFITS
Sec. 3005. Section 3674(a)(4) of title 38, United States
Code, is amended by striking ``may not exceed'' and all that
follows through the end and inserting ``shall be
$19,000,000.''.
TITLE 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''). Any State which is a party to an agreement
under this title may, upon providing 30 days' written notice to
the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection
(a) shall provide that the State agency of the State will make
payments of emergency unemployment compensation to individuals
who--
(1) have exhausted all rights to regular compensation
under the State law or under Federal law with respect
to a benefit year (excluding any benefit year that
ended before May 1, 2007);
(2) have no rights to regular compensation or
extended compensation with respect to a week under such
law or any other State unemployment compensation law or
to compensation under any other Federal law (except as
provided under subsection (e)); and
(3) are not receiving compensation with respect to
such week under the unemployment compensation law of
Canada.
(c) Exhaustion of Benefits.--For purposes of subsection
(b)(1), an individual shall be deemed to have exhausted such
individual's rights to regular compensation under a State law
when--
(1) no payments of regular compensation can be made
under such law because such individual has received all
regular compensation available to such individual based
on employment or wages during such individual's base
period; or
(2) such individual's rights to such compensation
have been terminated by reason of the expiration of the
benefit year with respect to which such rights existed.
(d) Weekly Benefit Amount, Etc.--For purposes of any
agreement under this title--
(1) the amount of emergency unemployment compensation
which shall be payable to any individual for any week
of total unemployment shall be equal to the amount of
the regular compensation (including dependents'
allowances) payable to such individual during such
individual's benefit year under the State law for a
week of total unemployment;
(2) the terms and conditions of the State law which
apply to claims for regular compensation and to the
payment thereof shall apply to claims for emergency
unemployment compensation and the payment thereof,
except where otherwise inconsistent with the provisions
of this title or with the regulations or operating
instructions of the Secretary promulgated to carry out
this title; and
(3) the maximum amount of emergency unemployment
compensation payable to any individual for whom an
emergency unemployment compensation account is
established under section 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.
EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT
Sec. 4002. (a) In General.--Any agreement under this title
shall provide that the State will establish, for each eligible
individual who files an application for emergency unemployment
compensation, an emergency unemployment compensation account
with respect to such individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account
under subsection (a) shall be equal to the lesser of--
(A) 50 percent of the total amount of regular
compensation (including dependents' allowances)
payable to the individual during the
individual's benefit year under such law, or
(B) 13 times the individual's average weekly
benefit amount for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for
any week is the amount of regular compensation
(including dependents' allowances) under the State law
payable to such individual for such week for total
unemployment.
(c) Special Rule.--
(1) In general.--Notwithstanding any other provision
of this section, if, at the time that the individual's
account is exhausted or at any time thereafter, such
individual's State is in an extended benefit period (as
determined under paragraph (2)), then, such account
shall be augmented by an amount equal to the amount
originally established in such account (as determined
under subsection (b)(1)).
(2) Extended benefit period.--For purposes of
paragraph (1), a State shall be considered to be in an
extended benefit period, as of any given time, if--
(A) such a period is then in effect for such
State under the Federal-State Extended
Unemployment Compensation Act of 1970;
(B) such a period would then be in effect for
such State under such Act if section 203(d) of
such Act--
(i) were applied by substituting
``4'' for ``5'' each place it appears;
and
(ii) did not include the requirement
under paragraph (1)(A); or
(C) such a period would then be in effect for
such State under such Act if--
(i) section 203(f) of such Act were
applied to such State (regardless of
whether the State by law had provided
for such application); and
(ii) such section 203(f)--
(I) were applied by
substituting `6.0' for `6.5' in
paragraph (1)(A)(i); and
(II) did not include the
requirement under paragraph
(1)(A)(ii).
PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF EMERGENCY
UNEMPLOYMENT COMPENSATION
Sec. 4003. (a) General Rule.--There shall be paid to each
State that has entered into an agreement under this title an
amount equal to 100 percent of the emergency unemployment
compensation paid to individuals by the State pursuant to such
agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall
be made to any State under this section in respect of any
compensation to the extent the State is entitled to
reimbursement in respect of such compensation under the
provisions of any Federal law other than this title or chapter
85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect
of any compensation to the extent the State is entitled to
reimbursement under this title in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by
reason of such State having an agreement under this title shall
be payable, either in advance or by way of reimbursement (as
may be determined by the Secretary), in such amounts as the
Secretary estimates the State will be entitled to receive under
this title for each calendar month, reduced or increased, as
the case may be, by any amount by which the Secretary finds
that the Secretary's estimates for any prior calendar month
were greater or less than the amounts which should have been
paid to the State. Such estimates may be made on the basis of
such statistical, sampling, or other method as may be agreed
upon by the Secretary and the State agency of the State
involved.
FINANCING PROVISIONS
Sec. 4004. (a) In General.--Funds in the extended
unemployment compensation account (as established by section
905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section 904(a) of
such Act (42 U.S.C. 1104(a)) shall be used for the making of
payments to States having agreements entered into under this
title.
(b) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this title. The
Secretary of the Treasury, prior to audit or settlement by the
Government Accountability Office, shall make payments to the
State in accordance with such certification, by transfers from
the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment
Trust Fund (as so established).
(c) Assistance to States.--There are appropriated out of the
employment security administration account (as established by
section 901(a) of the Social Security Act (42 U.S.C. 1101(a))
of the Unemployment Trust Fund, without fiscal year limitation,
such funds as may be necessary for purposes of assisting States
(as provided in title III of the Social Security Act (42 U.S.C.
501 et seq.)) in meeting the costs of administration of
agreements under this title.
(d) Appropriations for Certain Payments.--There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, to the extended unemployment
compensation account (as so established) of the Unemployment
Trust Fund (as so established) such sums as the Secretary
estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to
which section 3309(a)(1) of the Internal Revenue Code
of 1986 applies.
Amounts appropriated pursuant to the preceding sentence shall
not be required to be repaid.
FRAUD AND OVERPAYMENTS
Sec. 4005. (a) In General.--If an individual knowingly has
made, or caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a
result of such false statement or representation or of such
nondisclosure such individual has received an amount of
emergency unemployment compensation under this title to which
such individual was not entitled, such individual--
(1) shall be ineligible for further emergency
unemployment compensation under this title in
accordance with the provisions of the applicable State
unemployment compensation law relating to fraud in
connection with a claim for unemployment compensation;
and
(2) shall be subject to prosecution under section
1001 of title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of emergency unemployment compensation under this title
to which they were not entitled, the State shall require such
individuals to repay the amounts of such emergency unemployment
compensation to the State agency, except that the State agency
may waive such repayment if it determines that--
(1) the payment of such emergency unemployment
compensation was without fault on the part of any such
individual; and
(2) such repayment would be contrary to equity and
good conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the
amount to be repaid, or any part thereof, by deductions
from any emergency unemployment compensation payable to
such individual under this title or from any
unemployment compensation payable to such individual
under any State or Federal unemployment compensation
law administered by the State agency or under any other
State or Federal law administered by the State agency
which provides for the payment of any assistance or
allowance with respect to any week of unemployment,
during the 3-year period after the date such
individuals received the payment of the emergency
unemployment compensation to which they were not
entitled, except that no single deduction may exceed 50
percent of the weekly benefit amount from which such
deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(d) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to
the same extent as determinations under the State unemployment
compensation law, and only in that manner and to that extent.
DEFINITIONS
Sec. 4006. In this title, the terms ``compensation'',
``regular compensation'', ``extended compensation'', ``benefit
year'', ``base period'', ``State'', ``State agency'', ``State
law'', and ``week'' have the respective meanings given such
terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
APPLICABILITY
Sec. 4007. (a) In General.--Except as provided in subsection
(b), an agreement entered into under this title shall apply to
weeks of unemployment--
(1) beginning after the date on which such agreement
is entered into; and
(2) ending on or before March 31, 2009.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraphs (2) and (3),
in the case of an individual who has amounts remaining
in an account established under section 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 augmentation.--If the account of an
individual is exhausted after the last day of such last
week (as so determined), then section 4002(c) shall not
apply and such account shall not be augmented under
such section, regardless of whether such individual's
State is in an extended benefit period (as determined
under paragraph (2) of such section).
(3) Limit on compensation.--No compensation shall be
payable by reason of paragraph (1) for any week
beginning after June 30, 2009.
TITLE V--MEDICAID PROVISIONS
Sec. 5001. (a) Moratoria on Certain Medicaid Regulations.--
(1) Extension of certain moratoria in public law 110-
28.--Section 7002(a)(1) of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law
110-28) is amended--
(A) by striking ``prior to the date that is 1
year after the date of enactment of this Act''
and inserting ``prior to April 1, 2009'';
(B) in subparagraph (A), by inserting after
``Federal Regulations)'' the following: ``or in
the final regulation, relating to such parts,
published on May 29, 2007 (72 Federal Register
29748)''; and
(C) in subparagraph (C), by inserting before
the period at the end the following: ``,
including the proposed regulation published on
May 23, 2007 (72 Federal Register 28930)''.
(2) Extension of certain moratoria in public law 110-
173.--Section 206 of the Medicare, Medicaid, and SCHIP
Extension Act of 2007 (Public Law 110-173) is amended--
(A) by striking ``June 30, 2008'' and
inserting ``April 1, 2009'';
(B) by inserting ``, including the proposed
regulation published on August 13, 2007 (72
Federal Register 45201),'' after
``rehabilitation services''; and
(C) by inserting ``, including the final
regulation published on December 28, 2007 (72
Federal Register 73635),'' after ``school-based
transportation''.
(3) 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),
(C), or (D) if such restrictions are more
restrictive in any aspect than those applied to
the respective provision as of the date
specified in subparagraph (E) 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 (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) Proposed regulation relating to
redefinition of medicaid outpatient hospital
services.--The provision described in this
subparagraph is the proposed regulation
relating to clarification of outpatient clinic
and hospital facility services definition and
upper payment limit under the Medicaid program
published on September 28, 2007 (72 Federal
Register 55158) in its entirety.
(D) 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).
(E) Date specified.--The date specified in
this subparagraph for the provision described
in--
(i) subparagraph (B) is December 3,
2007;
(ii) subparagraph (C) is September
27, 2007; or
(iii) subparagraph (D) is February
21, 2008.
(b) 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 Secretary 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
the Secretary $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 the Secretary 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 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 on the activities (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 July 1, 2008, 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) and in the provisions described
in subparagraph (B) through (D) of paragraph
(3) of such subsection were intended to
address;
(B) detailing 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 later than July 1, 2008,
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 March 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 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) Implementation.--
``(1) In general.--Subject to the provisions of this
section, each State shall implement an asset
verification program described in subsection (b), for
purposes of determining or redetermining the
eligibility of an individual for medical assistance
under the State plan under this title.
``(2) Plan submittal.--In order to meet the
requirement of paragraph (1), each State shall--
``(A) submit not later than a deadline
specified by the Secretary consistent with
paragraph (3), a State plan amendment under
this title that describes how the State intends
to implement the asset verification program;
and
``(B) provide for implementation of such
program for eligibility determinations and
redeterminations made on or after 6 months
after the deadline established for submittal of
such plan amendment.
``(3) Phase-in.--
``(A) In general.--
``(i) Implementation in current asset
verification demo states.--The
Secretary shall require those States
specified in subparagraph (C) (to which
an asset verification program has been
applied before the date of the
enactment of this section) to implement
an asset verification program under
this subsection by the end of fiscal
year 2009.
``(ii) Implementation in other
states.--The Secretary shall require
other States to submit and implement an
asset verification program under this
subsection in such manner as is
designed to result in the application
of such programs, in the aggregate for
all such other States, to enrollment of
approximately, but not less than, the
following percentage of enrollees, in
the aggregate for all such other
States, by the end of the fiscal year
involved:
``(I) 12.5 percent by the end
of fiscal year 2009.
``(II) 25 percent by the end
of fiscal year 2010.
``(III) 50 percent by the end
of fiscal year 2011.
``(IV) 75 percent by the end
of fiscal year 2012.
``(V) 100 percent by the end
of fiscal year 2013.
``(B) Consideration.--In selecting States
under subparagraph (A)(ii), the Secretary shall
consult with the States involved and take into
account the feasibility of implementing asset
verification programs in each such State.
``(C) States specified.--The States specified
in this subparagraph are California, New York,
and New Jersey.
``(D) Construction.--Nothing in subparagraph
(A)(ii) shall be construed as preventing a
State from requesting, and the Secretary
approving, the implementation of an asset
verification program in advance of the deadline
otherwise established under such subparagraph.
``(4) Exemption of territories.--This section shall
only apply to the 50 States and the District of
Columbia.
``(b) Asset Verification Program.--
``(1) In general.--For purposes of this section, an
asset verification program means a program described in
paragraph (2) under which a State--
``(A) requires each applicant for, or
recipient of, medical assistance under the
State plan under this title on the basis of
being aged, blind, or disabled to provide
authorization by such applicant or recipient
(and any other person whose resources are
material to the determination of 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 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) 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.
``(j) Treatment of Program Expenses.--Notwithstanding any
other provision of law, reasonable expenses of States in
carrying out the program under this section shall be treated,
for purposes of section 1903(a), in the same manner as State
expenditures specified in paragraph (7) of such section.''.
(2) State plan requirements.--Section 1902(a) of such
Act (42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (69) by striking ``and'' at
the end;
(B) in paragraph (70) by striking the period
at the end and inserting ``; and''; and
(C) by inserting after paragraph (70), as so
amended, the following new paragraph:
``(71) provide that the State will implement an asset
verification program as required under section 1940.''.
(3) Withholding of federal matching payments for
noncompliant states.--Section 1903(i) of such Act (42
U.S.C. 1396b(i)) is amended--
(A) in paragraph (22) by striking ``or'' at
the end;
(B) in paragraph (23) by striking the period
at the end and inserting ``; or''; and
(C) by adding after paragraph (23) the
following new paragraph:
``(24) if a State is required to implement an asset
verification program under section 1940 and fails to
implement such program in accordance with such section,
with respect to amounts expended by such State for
medical assistance for individuals subject to asset
verification under such section, unless--
``(A) the State demonstrates to the
Secretary's satisfaction that the State made a
good faith effort to comply;
``(B) not later than 60 days after the date
of a finding that the State is in
noncompliance, the State submits to the
Secretary (and the Secretary approves) a
corrective action plan to remedy such
noncompliance; and
``(C) not later than 12 months after the date
of such submission (and approval), the State
fulfills the terms of such corrective action
plan.''.
(4) Repeal.--Section 4 of Public Law 110-90 is
repealed.
(e) Adjustment to PAQI Fund.--Section 1848(l)(2) of the
Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by
section 101(a)(2) of the Medicare, Medicaid, and SCHIP
Extension Act of 2007 (Public Law 110-173), is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (III), by striking
``$4,960,000,000'' and inserting
``$3,940,000,000''; and
(B) by adding at the end the following new
subclause:
``(IV) For expenditures
during 2014, an amount equal to
$3,750,000,000.'';
(2) in subparagraph (A)(ii), by adding at the end the
following new subclause:
``(IV) 2014.--The amount
available for expenditures
during 2014 shall only be
available for an adjustment to
the update of the conversion
factor under subsection (d) for
that year.''; and
(3) in subparagraph (B)--
(A) in clause (ii), by striking ``and'' at
the end;
(B) in clause (iii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
clause:
``(iv) 2014 for payment with respect
to physicians' services furnished
during 2014.''.
TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING
CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE
SHORT TITLE
Sec. 6101. This chapter may be cited as the ``Close the
Contractor Fraud Loophole Act''.
REVISION OF THE FEDERAL ACQUISITION REGULATION
Sec. 6102. The Federal Acquisition Regulation shall be
amended within 180 days after the date of the enactment of this
Act pursuant to FAR Case 2007-006 (as published at 72 Fed Reg.
64019, November 14, 2007) or any follow-on FAR case to include
provisions that require timely notification by Federal
contractors of violations of Federal criminal law or
overpayments in connection with the award or performance of
covered contracts or subcontracts, including those performed
outside the United States and those for commercial items.
DEFINITION
Sec. 6103. In this chapter, the term ``covered contract''
means any contract in an amount greater than $5,000,000 and
more than 120 days in duration.
CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY
SHORT TITLE
Sec. 6201. 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) 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--GI BILL FINANCING PROVISION
GI BILL FINANCING PROVISION
Sec. 7001. (a) In General.--Part I of subchapter A of chapter
1 of the Internal Revenue Code of 1986 is amended by inserting
after section 1 the following new section:
``SEC. 1A. INCREASE IN TAX ON HIGH INCOME INDIVIDUALS TO FINANCE THE GI
BILL.
``(a) General Rule.--In the case of a taxpayer other than a
corporation, there is hereby imposed (in addition to any other
tax imposed by this subtitle) a tax equal to 0.47 percent of so
much of modified adjusted gross income as exceeds $500,000
($1,000,000 in the case of a joint return or a surviving spouse
(as defined in section 2(a)).
``(b) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means
adjusted gross income reduced by any deduction allowed for
investment interest (as defined in section 163(d)). In the case
of an estate or trust, a rule similar to the rule of section
67(e) shall apply for purposes of determining adjusted gross
income for purposes of this section.
``(c) Nonresident Alien.--In the case of a nonresident alien
individual, only amounts taken into account in connection with
the tax imposed by section 871(b) shall be taken into account
under this section.
``(d) Marital Status.--For purposes of this section, marital
status shall be determined under section 7703.
``(e) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter or for
purposes of section 55.''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 1 the following new item:
``Sec. 1A. Increase in tax on high income individuals to finance the GI
bill.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2008.
(d) Section 15 Not to Apply.--The amendment made by
subsection (a) shall not be treated as a change in a rate of
tax for purposes of section 15 of the Internal Revenue Code of
1986.
TITLE VIII--GENERAL PROVISIONS
AVAILABILITY OF FUNDS
Sec. 8001. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
EMERGENCY DESIGNATION
Sec. 8002. Each amount in each title of this Act is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to subsections (a) and (b) of section
204 of S. Con. Res. 21 (110th Congress), the concurrent
resolution on the budget for fiscal year 2008.
SHORT TITLE
Sec. 8003. This Act may be cited as the ``Supplemental
Appropriations Act, 2008''.
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