[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2642 Enrolled Bill (ENR)]
H.R.2642
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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:
AFFAIRS, AND OTHER SECURITY-RELATED MATTERS
CHAPTER 1--AGRICULTURE
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
public law 480 title ii grants
For an additional amount for ``Public Law 480 Title II Grants'',
$850,000,000, to remain available until expended.
For an additional amount for ``Public Law 480 Title II Grants'',
$395,000,000, to become available on October 1, 2008, and to remain
available until expended.
CHAPTER 2--JUSTICE
DEPARTMENT OF JUSTICE
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$4,000,000, to remain available until September 30, 2009.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $1,648,000, to remain available until September 30, 2009.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $5,000,000, to remain available until September 30, 2009.
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$28,621,000, to remain available until September 30, 2009.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$106,122,000, to remain available until September 30, 2009.
For an additional amount for ``Salaries and Expenses'',
$82,600,000, to become available on October 1, 2008, and to remain
available until September 30, 2009.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$29,861,000, to remain available until September 30, 2009.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $4,000,000,
to remain available until September 30, 2009.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $9,100,000,
to remain available until September 30, 2009.
GENERAL PROVISION, THIS CHAPTER

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by the transfer of funds in this chapter, for intelligence or
intelligence related activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414).
CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$1,108,200,000, of which $921,000,000 shall remain available until
September 30, 2009, and of which $187,200,000 for child development
centers and trainee and recruit facilities (including planning and
design) shall remain available until September 30, 2012: Provided, That
notwithstanding any other provision of law, such funds may be obligated
and expended to carry out planning and design and military construction
projects not otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $73,400,000 shall be
available for study, planning, design, and architect and engineer
services: Provided further, That funds provided under this heading for
Iraq shall not be obligated or expended until the Secretary of Defense
certifies to the Committees on Appropriations of both Houses of
Congress that none of the funds are to be used for the purpose of
providing facilities for the permanent basing of United States military
personnel in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $355,907,000, of which $295,516,000 shall remain
available until September 30, 2009, and of which $60,391,000 for child
development centers and trainee and recruit facilities (including
planning and design) shall remain available until September 30, 2012:
Provided, That notwithstanding any other provision of law, such funds
may be obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law:
Provided further, That of the funds provided under this heading, not to
exceed $15,843,000 shall be available for study, planning, design, and
architect and engineer services.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$399,627,000, of which $361,600,000 shall remain available until
September 30, 2009, and of which $38,027,000 for child development
centers (including planning and design) shall remain available until
September 30, 2012: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out planning
and design and military construction projects not otherwise authorized
by law: Provided further, That of the funds provided under this
heading, not to exceed $36,427,000 shall be available for study,
planning, design, and architect and engineer services: Provided
further, That funds provided under this heading for Iraq shall not be
obligated or expended until the Secretary of Defense certifies to the
Committees on Appropriations of both Houses of Congress that none of
the funds are to be used for the purpose of providing facilities for
the permanent basing of United States military personnel in Iraq.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $890,921,000, of which $27,600,000 shall remain available until
September 30, 2009, and of which $863,321,000 for medical treatment
facilities (including planning and design) shall remain available until
September 30, 2012: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out planning
and design and military construction projects not otherwise authorized
by law.
Family Housing Construction, Navy and Marine Corps
For an additional amount for ``Family Housing Construction, Navy
and Marine Corps'', $11,766,000, to remain available until September
30, 2009: Provided, That notwithstanding any other provision of law,
such funds may be obligated and expended to carry out planning and
design and military construction projects not otherwise authorized by
law.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $1,278,886,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, such funds may be obligated and expended to
carry out planning and design and military construction projects not
otherwise authorized by law.
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
general operating expenses
For an additional amount for ``General Operating Expenses'',
$100,000,000, to remain available until September 30, 2009.
information technology systems
For an additional amount for ``Information Technology Systems'',
$20,000,000, to remain available until September 30, 2009.
construction, major projects
For an additional amount for ``Construction, Major Projects'',
$396,377,000, to remain available until expended, which shall be for
acceleration and completion of planned major construction of Level I
polytrauma rehabilitation centers as identified in the Department of
Veterans Affairs' Five Year Capital Plan: Provided, That
notwithstanding any other provision of law, such funds may be obligated
and expended to carry out planning and design and major medical
facility construction not otherwise authorized by law: Provided
further, That within 30 days of enactment of this Act the Secretary
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this heading.
GENERAL PROVISIONS, THIS CHAPTER

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TITLE I

-MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL

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

a263b060c20fa067335254dff19dc18b386ded2a89ae65cca26de773cf23eda3

may be used to disestablish, reorganize, or relocate the Armed Forces
Institute of Pathology, except for the Armed Forces Medical Examiner,
until the President has established, as required by section 722 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint Pathology Center.

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(1) In general.--Chapter 53 of title 38, United States Code, is
amended by inserting after section 5302 the following new section:
``Sec. 5302A Collection of indebtedness: certain debts of members of
the Armed Forces and veterans who die of injury incurred or
aggravated in the line of duty in a combat zone
``(a) Limitation on Authority.--The Secretary may not collect all
or any part of an amount owed to the United States by a member of the
Armed Forces or veteran described in subsection (b) under any program
under the laws administered by the Secretary, other than a program
referred to in subsection (c), if the Secretary determines that
termination of collection is in the best interest of the United States.
``(b) Covered Individuals.--A member of the Armed Forces or veteran
described in this subsection is any member or veteran who dies as a
result of an injury incurred or aggravated in the line of duty while
serving in a theater of combat operations (as determined by the
Secretary in consultation with the Secretary of Defense) in a war or in
combat against a hostile force during a period of hostilities (as that
term is defined in section 1712A(a)(2)(B) of this title) after
September 11, 2001.
``(c) Inapplicability to Housing and Small Business Benefit
Programs.--The limitation on authority in subsection (a) shall not
apply to any amounts owed the United States under any program carried
out under chapter 37 of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 53 of such title is amended by inserting after the item
relating to section 5302 the following new item:
``5302A. Collection of indebtedness: certain debts of members of the
Armed Forces and veterans who die of injury incurred or
aggravated in the line of duty in a combat zone.''.
(b) Equitable Refund.--In any case where all or any part of an
indebtedness of a covered individual, as described in section 5302A(a)
of title 38, United States Code, as added by subsection (a)(1), was
collected after September 11, 2001, and before the date of the
enactment of this Act, and the Secretary of Veterans Affairs determines
that such indebtedness would have been terminated had such section been
in effect at such time, the Secretary may refund the amount so
collected if the Secretary determines that the individual is equitably
entitled to such refund.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to collections of indebtedness of members of the Armed Forces
and veterans who die on or after September 11, 2001.
(d) Short Title.--This section may be cited as the ``Combat
Veterans Debt Elimination Act of 2008''.
CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs'',
$1,465,700,000, to remain available until September 30, 2009, of which
$210,400,000 is for worldwide security protection and shall remain
available until expended: Provided, That not more than $1,150,000,000
of the funds appropriated under this heading shall be available for
diplomatic operations in Iraq: Provided further, That of the funds
appropriated under this heading, not more than $30,000,000 shall be
made available to establish and implement a coordinated civilian
response capacity at the United States Department of State.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$9,500,000, to remain available until September 30, 2009: Provided,
That $2,500,000 shall be transferred to the Special Inspector General
for Iraq Reconstruction for reconstruction oversight, and $2,000,000
shall be transferred to the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $76,700,000, to remain available until expended, for
facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $66,000,000, to remain available until September 30,
2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $373,708,000, to remain available until
September 30, 2009, of which $333,600,000 shall be made available for
the United Nations-African Union Hybrid Mission in Darfur.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $2,000,000, to remain available until September 30, 2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $220,000,000, to remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the United
States Agency for International Development'', $150,500,000, to remain
available until September 30, 2009: Provided, That of the funds
appropriated under this heading, not more than $25,000,000 shall be
made available to establish and implement a coordinated civilian
response capacity at the United States Agency for International
Development.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the United
States Agency for International Development Office of Inspector
General'', $4,000,000, to remain available until September 30, 2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,882,500,000, to remain available until September 30, 2009, of which
not more than $424,000,000 may be made available for assistance for
Iraq, $175,000,000 shall be made available for assistance for Jordan to
meet the needs of Iraqi refugees, and up to $53,000,000 may be made
available for energy-related assistance for North Korea,
notwithstanding any other provision of law: Provided, That not more
than $171,000,000 of the funds appropriated under this heading in this
subchapter shall be made available for assistance for the West Bank and
Gaza and none of such funds shall be for cash transfer assistance:
Provided further, That of the funds appropriated under this heading,
$1,000,000 shall be made available for the Office of the United Nations
High Commissioner for Human Rights in Mexico: Provided further, That
the funds made available under this heading for energy-related
assistance for North Korea may be made available to support the goals
of the Six Party Talks Agreements after the Secretary of State
determines and reports to the Committees on Appropriations that North
Korea is continuing to fulfill its commitments under such agreements.
Department of State
democracy fund
For an additional amount for ``Democracy Fund'', $76,000,000, to
remain available until September 30, 2009, of which $75,000,000 shall
be for democracy programs in Iraq and $1,000,000 shall be for democracy
programs in Chad.
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $390,300,000, to remain available until September
30, 2009, of which not more than $25,000,000 shall be made available
for security assistance for the West Bank.
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$315,000,000, to remain available until expended.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency Refugee and
Migration Assistance Fund'', $31,000,000, to remain available until
expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $13,700,000, to remain available until
September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $137,500,000, to remain available until September 30, 2009,
of which $17,000,000 shall be made available for assistance for Jordan
and up to $116,500,000 may be made available for assistance for Mexico.
Not more than $1,350,000 of the funds appropriated or otherwise
made available under the heading ``Foreign Military Financing Program''
by the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161) that were
previously transferred to and merged with ``Diplomatic and Consular
Programs'' may be made available for any purposes authorized for that
account, of which up to $500,000 shall be made available to increase
the capacity of the United States Embassy in Mexico City to implement
section 620J of the Foreign Assistance Act of 1961: Provided, That
funds made available by this paragraph shall not be subject to Section
8002 of this Act.
SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
2009
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs'',
$704,900,000, which shall become available on October 1, 2008, and
remain available through September 30, 2009: Provided, That of the
funds appropriated under this heading, $78,400,000 is for worldwide
security protection and shall remain available until expended: Provided
further, That not more than $550,500,000 of the funds appropriated
under this heading shall be available for diplomatic operations in
Iraq.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$57,000,000, which shall become available on October 1, 2008, and
remain available through September 30, 2009: Provided, That $36,500,000
shall be transferred to the Special Inspector General for Iraq
Reconstruction for reconstruction oversight and $5,000,000 shall be
transferred to the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $41,300,000, which shall become available on October 1,
2008, and remain available until expended, for facilities in
Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $75,000,000, which shall become available on October
1, 2008, and remain available through September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $150,500,000, which shall become available
on October 1, 2008, and remain available through September 30, 2009.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $6,000,000, which shall become available on October 1,
2008, and remain available through September 30, 2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child Survival'',
$75,000,000, which shall become available on October 1, 2008, and
remain available through September 30, 2009, for programs to combat
avian influenza.
development assistance
For an additional amount for ``Development Assistance'',
$200,000,000, for assistance for developing countries to address the
international food crisis notwithstanding any other provision of law,
which shall become available on October 1, 2008, and remain available
through September 30, 2010: Provided, That such assistance should be
carried out consistent with the purposes of section 103(a)(1) of the
Foreign Assistance Act of 1961: Provided further, That not more than
$50,000,000 should be made available for local or regional purchase and
distribution of food: Provided further, That the Secretary of State
shall submit to the Committees on Appropriations not later than 45 days
after enactment of this Act, and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed uses of
such funds to alleviate hunger and malnutrition, including a list of
those countries facing significant food shortages.
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $200,000,000, which shall become available on October 1,
2008, and remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the United
States Agency for International Development'', $93,000,000, which shall
become available on October 1, 2008, and remain available through
September 30, 2009.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the United
States Agency for International Development Office of Inspector
General'', $1,000,000, which shall become available on October 1, 2008,
and remain available through September 30, 2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,124,800,000, which shall become available on October 1, 2008, and
remain available through September 30, 2009, of which not more than
$102,500,000 may be made available for assistance for Iraq,
$100,000,000 shall be made available for assistance for Jordan, not
more than $455,000,000 may be made available for assistance for
Afghanistan, not more than $150,000,000 may be made available for
assistance for Pakistan, not more than $150,000,000 shall be made
available for assistance for the West Bank and Gaza, and $15,000,000
may be made available for energy-related assistance for North Korea,
notwithstanding any other provision of law.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $199,000,000, which shall become available on
October 1, 2008, and remain available through September 30, 2009:
Provided, That not more than $50,000,000 of the funds appropriated
under this heading shall be made available for security assistance for
the West Bank and up to $48,000,000 may be made available for
assistance for Mexico.
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$350,000,000, which shall become available on October 1, 2008, and
remain available until expended.
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'', $302,500,000, which shall become available on October 1,
2008, and remain available through September 30, 2009, of which
$100,000,000 shall be made available for assistance for Jordan, and not
less than $170,000,000 shall be available for grants only for Israel
and shall be disbursed not later than November 1, 2008: Provided, That
section 3802(c) of title III, chapter 8 of Public Law 110-28 shall
apply to funds made available under this heading for assistance for
Lebanon.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$95,000,000, which shall become available on October 1, 2008, and
remain available through September 30, 2009.
SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER
extension of authorities

d0e2b60fff47e59e57023fb8a370bf93a861d85bb585c7fe2c318768ebbae974

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

8027688449b8f6d171731e2ee91a720adf5d213bc19a792a9fb8ef8a19d877b1

(1) None of the funds appropriated by this chapter for
infrastructure maintenance activities in Iraq may be made available
until the Secretary of State certifies and reports to the
Committees on Appropriations that the Governments of the United
States and Iraq have entered into, and are implementing, an asset
transfer agreement that includes commitments by the Government of
Iraq to maintain United States-funded infrastructure in Iraq.
(2) None of the funds appropriated by this chapter may be made
available for the construction of prison facilities in Iraq.
(b) Anti-Corruption.--Not more than 40 percent of the funds
appropriated by this chapter for rule of law programs in Iraq may be
made available for assistance for the Government of Iraq until the
Secretary of State reports to the Committees on Appropriations that a
comprehensive anti-corruption strategy has been developed, and is being
implemented, by the Government of Iraq, and the Secretary of State
submits a list, in classified form if necessary, to the Committees on
Appropriations of senior Iraqi officials who the Secretary has credible
evidence to believe have committed corrupt acts.
(c) Provincial Reconstruction Teams.--None of the funds
appropriated by this chapter for the operational or program expenses of
Provincial Reconstruction Teams (PRTs) in Iraq may be made available
until the Secretary of State submits a report to the Committees on
Appropriations detailing--
(1) the strategy for the eventual winding down and close out of
PRTs;
(2) anticipated costs associated with PRT operations, programs,
and eventual winding down and close out, including security for PRT
personnel and anticipated Government of Iraq contributions; and
(3) anticipated placement and cost estimates of future United
States Consulates in Iraq.
(d) Community Stabilization Program.--Not more than 50 percent of
the funds appropriated by this chapter for the Community Stabilization
Program in Iraq may be made available until the Secretary of State
certifies and reports to the Committees on Appropriations that the
United States Agency for International Development is implementing
recommendations contained in Office of Inspector General Audit Report
No. E-267-08-001-P to ensure accountability of funds.
(e) Matching Requirement.--
(1) Notwithstanding any other provision of law, funds
appropriated by this chapter for assistance for Iraq shall be made
available only to the extent that the Government of Iraq matches
such assistance on a dollar-for-dollar basis.
(2) Paragraph (1) shall not apply to funds made available for--
(A) grants and cooperative agreements for programs to
promote democracy and human rights;
(B) the Community Action Program and other assistance
through civil society organizations;
(C) humanitarian demining; or
(D) assistance for refugees, internally displaced persons,
and civilian victims of the military operations.
(3) The Secretary of State shall certify to the Committees on
Appropriations prior to the initial obligation of funds pursuant to
this section that the Government of Iraq has committed to obligate
matching funds on a dollar-for-dollar basis. The Secretary shall
submit a report to the Committees on Appropriations not later than
September 30, 2008, and 180 days thereafter, detailing the amounts
of funds obligated and expended by the Government of Iraq to meet
the requirements of this section.
(4) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amounts provided by the Government of
Iraq since June 30, 2004, to assist Iraqi refugees in Syria,
Jordan, and elsewhere, and the amount of such assistance the
Government of Iraq plans to provide in fiscal year 2008. The
Secretary shall work expeditiously with the Government of Iraq to
establish an account within its annual budget sufficient to, at a
minimum, match United States contributions on a dollar-for-dollar
basis to organizations and programs for the purpose of assisting
Iraqi refugees.
afghanistan

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

95e2a789063848d1bdebc699305c9b68c52752e70f407dbde96bedd784b65c59

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.
waiver of certain sanctions against north korea

0ab6aa406e1e8373efdd7de609564353abe73a4de6eac9fbe76b3dfe37167299

(1) In general.--Except as provided in subsection (b), the
President may waive in whole or in part, with respect to North
Korea, the application of any sanction contained in subparagraph
(A), (B), (D) or (G) under section 102(b)(2) of the Arms Export
Control Act (22 U.S.C. 2799aa-1(b)), for the purpose of providing
assistance related to--
(A) the implementation and verification of the compliance
by North Korea with its commitment, undertaken in the Joint
Statement of September 19, 2005, to abandon all nuclear weapons
and existing nuclear programs as part of the verifiable
denuclearization of the Korean Peninsula; and
(B) the elimination of the capability of North Korea to
develop, deploy, transfer, or maintain weapons of mass
destruction and their delivery systems.
(2) Limitation.--The authority under paragraph (1) shall expire
5 years after the date of enactment of this Act.
(b) Exceptions.--
(1) Limited exception related to certain sanctions and
prohibitions.--The authority under subsection (a) shall not apply
with respect to a sanction or prohibition under subparagraph (B) or
(G) of section 102(b)(2) of the Arms Export Control Act, unless the
President determines and certifies to the appropriate congressional
committees that--
(A) all reasonable steps will be taken to assure that the
articles or services exported or otherwise provided will not be
used to improve the military capabilities of the armed forces
of North Korea; and
(B) such waiver is in the national security interests of
the United States.
(2) Limited exception related to certain activities.--Unless
the President determines and certifies to the appropriate
congressional committees that using the authority under subsection
(a) is vital to the national security interests of the United
States, such authority shall not apply with respect to--
(A) an activity described in subparagraph (A) of section
102(b)(1) of the Arms Export Control Act that occurs after
September 19, 2005, and before the date of the enactment of
this Act;
(B) an activity described in subparagraph (C) of such
section that occurs after September 19, 2005; or
(C) an activity described in subparagraph (D) of such
section that occurs after the date of enactment of this Act.
(3) Exception related to certain activities occurring after
date of enactment.--The authority under subsection (a) shall not
apply with respect to an activity described in subparagraph (A) or
(B) of section 102(b)(1) of the Arms Export Control Act that occurs
after the date of the enactment of this Act.
(4) Limited exception related to lethal weapons.--The authority
under subsection (a) shall not apply with respect to any export of
lethal defense articles that would be prevented by the application
of section 102(b)(2) of the Arms Export Control Act.
(c) Notifications and Reports.--
(1) Congressional notification.--The President shall notify the
appropriate congressional committees in writing not later than 15
days before exercising the waiver authority under subsection (a).
(2) Annual report.--Not later than January 31, 2009, and
annually thereafter, the President shall submit to the appropriate
congressional committees a report that--
(A) lists all waivers issued under subsection (a) during
the preceding year;
(B) describes in detail the progress that is being made in
the implementation of the commitment undertaken by North Korea,
in the Joint Statement of September 19, 2005, to abandon all
nuclear weapons and existing nuclear programs as part of the
verifiable denuclearization of the Korean Peninsula;
(C) discusses specifically any shortcomings in the
implementation by North Korea of that commitment; and
(D) lists and describes the progress and shortcomings, in
the preceding year, of all other programs promoting the
elimination of the capability of North Korea to develop,
deploy, transfer, or maintain weapons of mass destruction or
their delivery systems.
(3) Report on verification measures relating to north korea's
nuclear programs.--
(A) In general.--Not later than 15 days after the date of
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on
verification measures relating to North Korea's nuclear
programs under the Six-Party Talks Agreement of February 13,
2007, with specific focus on how such verification measures are
defined under the Six-Party Talks Agreement and understood by
the United States Government.
(B) Matters to be included.--The report required under
subsection (A) shall include, among other elements, a
description of--
(i) how the United States will confirm that North Korea
has ``provided a complete and correct declaration of all of
its nuclear programs'';
(ii) how the United States will maintain a high and
ongoing level of confidence that North Korea has fully met
the terms of the Six-Party Talks Agreement relating to its
nuclear programs;
(iii) any diplomatic agreement with North Korea
regarding verification measures relating to North Korea's
nuclear programs under the Six-Party Talks Agreement (other
than implementing arrangements made during on-site
operations); and
(iv) any significant and continuing disagreement with
North Korea regarding verification measures relating to
North Korea's nuclear programs under the Six-Party Talks
Agreement.
(C) Form.--The report required under subsection (A) shall
be submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives.
mexico

84543a45fd0d918531de7e02c41291d746ecee2206d9084cf9a67acb04ec0964

under the headings ``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing Program'', and ``Economic
Support Fund'' in this chapter, not more than $352,000,000 of the funds
appropriated in subchapter A and $48,000,000 of the funds appropriated
in subchapter B may be made available for assistance for Mexico, only
to combat drug trafficking and related violence and organized crime,
and for judicial reform, institution building, anti-corruption, and
rule of law activities, of which not less than $73,500,000 shall be
used for judicial reform, institution building, anti-corruption, and
rule of law activities: Provided, That none of the funds made available
under this section shall be made available for budget support or as
cash payments: Provided further, That not more than 45 days after
enactment of this Act, and after consulting with relevant Mexican
Government authorities, the Secretary of State shall report in writing
to the Committees on Appropriations on the procedures in place to
implement section 620J of the Foreign Assistance Act of 1961.
(b) Allocation of Funds.--Fifteen percent of the funds made
available in this chapter for assistance for Mexico under the headings
``International Narcotics Control and Law Enforcement'' and ``Foreign
Military Financing Program'' may not be obligated until the Secretary
of State reports in writing to the Committees on Appropriations that
the Government of Mexico is--
(1) improving the transparency and accountability of federal
police forces and working with state and municipal authorities to
improve the transparency and accountability of state and municipal
police forces through mechanisms including establishing police
complaints commissions with authority and independence to receive
complaints and carry out effective investigations;
(2) establishing a mechanism for regular consultations among
relevant Mexican Government authorities, Mexican human rights
organizations and other relevant Mexican civil society
organizations, to make recommendations concerning implementation of
the Merida Initiative in accordance with Mexican and international
law;
(3) ensuring that civilian prosecutors and judicial authorities
are investigating and prosecuting, in accordance with Mexican and
international law, members of the federal police and military
forces who have been credibly alleged to have committed violations
of human rights, and the federal police and military forces are
fully cooperating with the investigations; and
(4) enforcing the prohibition, in accordance with Mexican and
international law, on the use of testimony obtained through torture
or other ill-treatment.
(c) Exception.--Notwithstanding subsection (b), of the funds
appropriated by subchapter A for assistance for Mexico under the
heading ``International Narcotics Control and Law Enforcement'',
$3,000,000 shall be made available for technical and other assistance
to enable the Government of Mexico to implement a unified national
registry of federal, state, and municipal police officers.
(d) Report.--The report required in subsection (b) shall include a
description of actions taken with respect to each requirement and the
cases or issues brought to the attention of the Secretary of State for
which the response or action taken has been inadequate.
(e) Notification.--Funds made available for Mexico by this chapter
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394-1).
(f) Spending Plan.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a detailed spending plan for funds
appropriated or otherwise made available for Mexico by this chapter,
which shall include a strategy, developed after consulting with
relevant Mexican Government authorities, for combating drug trafficking
and related violence and organized crime, judicial reform, institution
building, anti-corruption, and rule of law activities, with concrete
goals, actions to be taken, budget proposals, and anticipated results.
central america

6acb2241c4c07ecf838e6d17561f1011b4da30b851dc91eacd508720ce2cb102

Of the funds appropriated in subchapter A under the headings
``International Narcotics Control and Law Enforcement'', ``Foreign
Military Financing Program'', ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', and ``Economic Support Fund'',
$65,000,000 may be made available for assistance for the countries of
Central America, Haiti, and the Dominican Republic only to combat drug
trafficking and related violence and organized crime, and for judicial
reform, institution building, anti-corruption, rule of law activities,
and maritime security: Provided, That of the funds appropriated under
the heading ``Economic Support Fund'', $25,000,000 shall be made
available for an Economic and Social Development Fund for Central
America, of which $20,000,000 shall be made available through the
United States Agency for International Development and $5,000,000 shall
be made available through the Department of State for educational
exchange programs: Provided further, That of the funds appropriated in
subchapter A under the heading ``International Narcotics Control and
Law Enforcement'', $2,500,000 shall be made available for assistance
for Haiti, $2,500,000 shall be made available for assistance for the
Dominican Republic, and $1,000,000 shall be made available for a United
States contribution to the International Commission Against Impunity in
Guatemala: Provided further, That none of the funds shall be made
available for budget support or as cash payments: Provided further,
That not more than 45 days after enactment of this Act, the Secretary
of State shall report in writing to the Committees on Appropriations on
the procedures in place to implement section 620J of the Foreign
Assistance Act of 1961.
(b) Allocation of Funds.--Fifteen percent of the funds made
available by this chapter for assistance for the countries of Central
America, Haiti and the Dominican Republic under the headings
``International Narcotics Control and Law Enforcement'' and ``Foreign
Military Financing Program'' may not be obligated until the Secretary
of State reports in writing to the Committees on Appropriations that
the government of such country is--
(1) establishing police complaints commissions with authority
and independence to receive complaints and carry out effective
investigations;
(2) implementing reforms to improve the capacity and ensure the
independence of the judiciary; and
(3) investigating and prosecuting members of the federal police
and military forces who have been credibly alleged to have
committed violations of human rights.
(c) Report.--The report required in subsection (b) shall include
actions taken with respect to each requirement and the cases or issues
brought to the attention of the Secretary of State for which the
response or action taken has been inadequate.
(d) Notification.--Funds made available for assistance for the
countries of Central America, Haiti and the Dominican Republic in
subchapter A shall be subject to the regular notification procedures of
the Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1).
(e) Spending Plan.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations a detailed spending plan for funds appropriated or
otherwise made available for the countries of Central America, Haiti
and the Dominican Republic in subchapter A, which shall include a
strategy for combating drug trafficking and related violence and
organized crime, judicial reform, institution building, anti-
corruption, and rule of law activities, with concrete goals, actions to
be taken, budget proposals and anticipated results.
(f) Definition.--For the purposes of this section, the term
``countries of Central America'' means Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama.
buying power maintenance account
(including transfers of funds)

358bf6a1ba01ae864281810b92122c5114b63a5c7fd2910c47de99e8a99acd0e

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

1381c9eecc34c1c41025ecd27bc8dc79b085c077b80e0af818e096f859bd36b9

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

e4cc98ffc6db835e9ed61c1c18e8921e57bc81d3c9f09147decdb2143dd26617

(1) For an additional amount for a contribution to the World
Food Program to assist farmers in countries affected by food
shortages to increase crop yields, notwithstanding any other
provision of law, $20,000,000, to remain available until expended.
(2) Of the funds appropriated under the heading ``Andean
Counterdrug Initiative'' in prior Acts making appropriations for
foreign operations, export financing, and related programs,
$20,000,000 are rescinded.
(b) Sudan.--
(1) For an additional amount for ``International Narcotics
Control and Law Enforcement'', $10,000,000, for assistance for
Sudan to support formed police units, to remain available until
September 30, 2009, and subject to prior consultation with the
Committees on Appropriations.
(2) Of the funds appropriated under the heading ``International
Narcotics Control and Law Enforcement'' in prior Acts making
appropriations for foreign operations, export financing, and
related programs, $10,000,000 are rescinded.
(c) Rescission.--Of the unobligated balances of funds appropriated
for ``Iraq Relief and Reconstruction Fund'' in prior Acts making
appropriations for foreign operations, export financing, and related
programs, $50,000,000 are rescinded.
(d) Exception.--Section 8002 of this Act shall not apply to
subsections (a) and (b) of this section.
darfur peacekeeping

f6583d42d1130eaf2e97bf1374f46e233869ec5d950fba421c83916086143a34

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

6ba18016c1ebad6e0c4c24a30c1661418949ded2aa290340a59b7a9b5a96b55e

making appropriations for the Department of State, foreign operations
and related programs under the headings ``Diplomatic and Consular
Programs'' and ``Embassy Security, Construction, and Maintenance'', up
to $5,000,000 shall be made available to establish a United States
Consulate in Lhasa, Tibet.
(b) The Department of State should not consent to opening a
consular post in the United States by the People's Republic of China
until such time as the People's Republic of China consents to opening a
United States consular post in Lhasa, Tibet.
jordan
(including rescission of funds)

b0f93f7950296a2fbeb0652066601437923fa4d7ef3b76be10f2c0def512769f

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

5ba1510bf606b47a0bb7cad98d37cc33957ed085912d25696c64ac2769a97bee

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

9d6377a6cea078c7bca130e1d2c0beec1a2fb0b7832c716b9c2c4f9aacfeb087

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

42877cc49ba6aec9ed6575b0b5ae553a03d0a95567b92debcd6d66725e81e33d

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

a6985661fd5686c7eb451900925c7332ebb8fd42845ba79ac7214eaf6b27d371

55c62109b36087239baa46dd25fa4427753b81e28d4614a4d86c1858b7e73236

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--
(A) that an individual shall not be eligible for emergency
unemployment compensation under this title unless, in the base
period with respect to which the individual exhausted all
rights to regular compensation under the State law, the
individual had 20 weeks of full-time insured employment or the
equivalent in insured wages, as determined under the provisions
of the State law implementing section 202(a)(5) of the Federal-
State Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note); and
(B) where otherwise inconsistent with the provisions of
this title or with the regulations or operating instructions of
the Secretary promulgated to carry out this title; and
(3) the maximum amount of emergency unemployment compensation
payable to any individual for whom an emergency unemployment
compensation account is established under section 4002 shall not
exceed the amount established in such account for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of emergency
unemployment compensation prior to extended compensation to individuals
who otherwise meet the requirements of this section.
(f) Unauthorized Aliens Ineligible.--A State shall require as a
condition of eligibility for emergency unemployment compensation under
this Act that each alien who receives such compensation must be legally
authorized to work in the United States, as defined for purposes of the
Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.). In determining
whether an alien meets the requirements of this subsection, a State
must follow the procedures provided in section 1137(d) of the Social
Security Act (42 U.S.C. 1320b-7(d)).
emergency unemployment compensation account

7e605401f3f1a4f749769c3a42183c7100793fcb2b9b4ac7450e9fc0470f3098

TITLE IV

-EMERGENCY UNEMPLOYMENT COMPENSATION

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

29ac08b1ab56825c6ddff4b07bded60d1fea295d791d914b470b864306cffbae

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

df4a1f95d1d9d0698311e153a0cbc1c9b923bcbd44556a5d80b2c0f69a97e16a

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

0931a9dd1167575e3154b802ce005f997aab6970e5d9c39ae67d048aedd1d323

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

8ddac67d5f106d280271a0820dd617ab71a3df6bf9886d11965a1da4292a62dd

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

129a03b724053098b70c2ea354f5426ed49712f024820b3d78588d4f81fad003

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

83b61b049a5e3ac542cd65723447467a2956768b4b06118f477fef4dedb6132d

Educational Assistance Act of 2008''.
findings

63bd7a8ca8c0fd3e9c9bd91c6ee46f96c735cd809f52ac5bcf24d7fc37a68970

TITLE V

-VETERANS EDUCATIONAL ASSISTANCE

(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

f9a707829ec388d343e90e08f69ef3f4376475441d1bfb89c5d8f2905ba740f3

a0a23742655251fcc0139b3e60ae5a38172aa7cb9963d2a134452f002b6be5f7

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

089ef8f7b9bd2210a3c30cb99419e7aed2bb45c3c3293ccc3c1efeb58db5f75f

amended by striking ``may not exceed'' and all that follows through the
end and inserting ``shall be $19,000,000.''.
authority to transfer unused education benefits to family members for
career service members

b8e2572f94d1fc402e0584e101bfc1681ae37a9f0edc638168f5699c4dd7442f

to a Dependent.--Section 3020 of title 38, United States Code, is
amended--
(1) by striking the section heading and subsections (a) and (b)
and inserting the following:
``Sec. 3020. Authority to transfer unused education benefits to family
members for career service members
``(a) In General.--Subject to the provisions of this section, the
Secretary of Defense may authorize the Secretary concerned, to promote
recruitment and retention of members of the Armed Forces, to permit an
individual described in subsection (b) who is entitled to basic
educational assistance under this subchapter to elect to transfer to
one or more of the dependents specified in subsection (c) the unused
portion of entitlement to such assistance, subject to the limitation
under subsection (d).
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any member of the Armed Forces--
``(1) who, while serving on active duty or as a member of the
Selected Reserve at the time of the approval by the Secretary
concerned of the member's request to transfer entitlement to basic
educational assistance under this section, has completed six years
of service in the Armed Forces and enters into an agreement to
serve at least four more years as a member of the Armed Forces; or
``(2) as determined in regulations pursuant to subsection
(k).'';
(2) by striking subsection (d) and inserting the following:
``(d) Limitation on Months of Transfer.--(1) An individual approved
to transfer an entitlement to basic educational assistance under this
section may transfer any unused entitlement to one or more of the
dependents specified in subsection (c).
``(2) The total number of months of entitlement transferred by an
individual under this section may not exceed 36 months. The Secretary
of Defense may prescribe regulations that would limit the months of
entitlement that may be transferred under this section to no less than
18 months.'';
(3) in subsection (f)(1) by striking ``without regard to
whether'' and inserting ``only while''; and
(4) in subsection (f)(2) by inserting ``as long as the
individual is serving on active duty or as a member of the Selected
Reserve'' after ``so transferred'';
(5) by adding at the end of subsection (f) the following:
``(3) Entitlement transferred under this section may not be treated
as marital property, or the asset of a marital estate, subject to
division in a divorce or other civil proceeding.'';
(6) in subsection (h)(5) by inserting ``may use the benefit
without regard to the 10-year delimiting date, but'' after ``under
this section''; and
(7) by striking subsection (k) and inserting the following:
``(k) Regulations.--The Secretary of Defense, in coordination with
the Secretary of Veterans Affairs, shall prescribe regulations for
purposes of this section. Such regulations shall specify--
``(1) the manner of authorizing the military departments to
offer transfer of entitlements under this section;
``(2) the eligibility criteria in accordance with subsection
(b);
``(3) the limitations on the amount of entitlement eligible to
be transferred; and
``(4) the manner and effect of an election to modify or revoke
a transfer of entitlement under subsection (f)(2).''.
(b) Authority to Transfer Montgomery GI Bill for the Selected
Reserve Benefits to a Dependent.--Chapter 1606 of title 10, United
States Code, is amended by inserting after section 16132 the following:
``Sec. 16132a. Authority to transfer unused education benefits to
family members
``(a) In General.--Subject to regulation prescribed by the
Secretary of Defense, the Secretary concerned may permit a member
described in subsection (b) who is entitled to basic educational
assistance under this chapter to elect to transfer to one or more of
the dependents specified in subsection (c) a portion of such member's
entitlement to such assistance, subject to the limitation under
subsection (d).
``(b) Eligible Members.--A member referred to in subsection (a) is
a member of the Selected Reserve of the Ready Reserve who, at the time
of the approval of the member's request to transfer entitlement to
basic educational assistance under this section, has completed--
``(1) at least six years of service in the Selected Reserve and
enters into an agreement to service at least four more years as a
member of the armed forces; or
``(2) the years of service as determined in regulations
pursuant to subsection (j).
``(c) Eligible Dependents.--A member approved to transfer an
entitlement to basic educational assistance under this section may
transfer the member's entitlement as follows:
``(1) To the member's spouse.
``(2) To one or more of the member's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number of months
of entitlement transferred by a member under this section may not
exceed 36 months. The Secretary of Defense may prescribe regulations
that would limit the months of entitlement that may be transferred
under this section to no less than 18 months.
``(e) Designation of Transferee.--A member transferring an
entitlement to basic educational assistance under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to be
transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1) Subject
to the time limitation for use of entitlement under section 16133, a
member approved to transfer entitlement to basic educational assistance
under this section may transfer such entitlement at any time after the
approval of the member's request to transfer such entitlement.
``(2) A member transferring entitlement under this section may
modify or revoke at any time the transfer of any unused portion of the
entitlement so transferred. The modification or revocation of the
transfer of entitlement under this paragraph shall be made by the
submittal of written notice of the action to both the Secretary
concerned and the Secretary of Veterans Affairs.
``(3) Entitlement transferred under this section may not be treated
as marital property, or the asset of a marital estate, subject to
division in a divorce or other civil proceeding.
``(g) Commencement of Use.--A dependent to whom entitlement to
basic educational assistance is transferred under this section may not
commence the use of the transferred entitlement until--
``(1) in the case of entitlement transferred to a spouse, the
completion by the member making the transfer of at least--
``(A) six years of service in the armed forces; or
``(B) the years of service as determined in regulations
pursuant to subsection (j); or
``(2) in the case of entitlement transferred to a child, both--
``(A) the completion by the member making the transfer of
at least--
``(i) ten years of service in the armed forces; or
``(ii) the years of service as determined in
regulations pursuant to subsection (j); and
``(B) either--
``(i) the completion by the child of the requirements
of a secondary school diploma (or equivalency certificate);
or
``(ii) the attainment by the child of 18 years of age.
``(h) Additional Administrative Matters.--(1) The use of any
entitlement to basic educational assistance transferred under this
section shall be charged against the entitlement of the member making
the transfer at the rate of one month for each month of transferred
entitlement that is used.
``(2) Except as provided under subsection (e)(2) and subject to
paragraphs (5) and (6), a dependent to whom entitlement is transferred
under this section is entitled to basic educational assistance under
this chapter in the same manner as the member from whom the entitlement
was transferred.
``(3) The monthly rate of educational assistance payable to a
dependent to whom entitlement is transferred under this section shall
be the monthly amount payable under sections 16131 and 16131a to the
member making the transfer.
``(4) The death of a member transferring an entitlement under this
section shall not affect the use of the entitlement by the dependent to
whom the entitlement is transferred.
``(5) The involuntary separation or retirement of the member--
``(A) because of a nondiscretionary provision of law for age or
years of service;
``(B) because of a policy prescribed by the Secretary concerned
mandating such separation or retirement based solely on age or
years of service for the prescribed pay grade of an enlisted
member;
``(C) under section 16133(b); or
``(D) because of medical disqualification which is not the
result of gross negligence or misconduct of the member,
shall not affect the use of entitlement by the dependent to whom the
entitlement is transferred.
``(6) A child to whom entitlement is transferred under this section
may not use any entitlement so transferred after attaining the age of
26 years.
``(7) The administrative provisions of this chapter shall apply to
the use of entitlement transferred under this section, except that the
dependent to whom the entitlement is transferred shall be treated as
the eligible member for purposes of such provisions.
``(8) The purposes for which a dependent to whom entitlement is
transferred under this section may use such entitlement shall include
the pursuit and completion of the requirements of a secondary school
diploma (or equivalency certificate).
``(i) Overpayment.--(1) In the event of an overpayment of basic
educational assistance with respect to a dependent to whom entitlement
is transferred under this section, the dependent and the member making
the transfer shall be jointly and severally liable to the United States
for the amount of the overpayment for purposes of section 3685 of title
38.
``(2) Except as provided in paragraph (3), if a member's whose
eligibility is terminated under section 16134(2), the amount of any
transferred entitlement under this section that is used by a dependent
of the member as of the date of such termination shall be treated as an
overpayment of basic educational assistance under paragraph (1).
``(3) Paragraph (2) shall not apply in the case of a member who
fails to complete service agreed to by the member--
``(A) by reason of the death of the member; or
``(B) for a reason referred to in section 16133(b).
``(j) Regulations.--The Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall prescribe regulations for
purposes of this section. Such regulations shall specify--
``(1) the manner of authorizing the military departments to
offer transfer of entitlements under this section;
``(2) the eligibility criteria in accordance with subsection
(b);
``(3) the manner and effect of an election to modify or revoke
a transfer of entitlement under subsection (f)(2); and
``(4) the manner in which the provisions referred to in
subsections (h)(4) and (5) shall be administered with respect to a
dependent to whom entitlement is transferred under this section.''.
(c) Authority to Transfer Reserve Educational Assistance Program
Benefits to a Dependent.--Chapter 1607 of such title is amended by
inserting after section 16163 the following:
``Sec. 16163a. Authority to transfer unused education benefits to
family members
``(a) In General.--Subject to the provisions of this section, the
Secretary concerned may permit, at such Secretary's sole discretion, a
member described in subsection (b) who is entitled to basic educational
assistance under this chapter to elect to transfer to one or more of
the dependents specified in subsection (c) a portion of such member's
entitlement to such assistance, subject to the limitation under
subsection (d).
``(b) Eligible Members.--A member referred to in subsection (a) is
a member of the armed forces who, at the time of the approval of the
member's request to transfer entitlement to basic educational
assistance under this section, has completed at least--
``(1) six years of service in the armed forces and enters into
an agreement to serve at least four more years as a member of the
armed forces; or
``(2) the years of service as determined in regulations
pursuant to section (j).
``(c) Eligible Dependents.--A member approved to transfer an
entitlement to basic educational assistance under this section may
transfer the member's entitlement as follows:
``(1) To the member's spouse.
``(2) To one or more of the member's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number of months
of entitlement transferred by a member under this section may not
exceed 36 months. The Secretary of Defense may prescribe regulations
that would limit the months of entitlement that may be transferred
under this section to no less than 18 months.
``(e) Designation of Transferee.--A member transferring an
entitlement to basic educational assistance under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to be
transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1) Subject
to the time limitation for use of entitlement under section 16164, a
member approved to transfer entitlement to basic educational assistance
under this section may transfer such entitlement only while serving as
a member of the armed forces when the transfer is executed.
``(2) A member transferring entitlement under this section may
modify or revoke at any time the transfer of any unused portion of the
entitlement so transferred. The modification or revocation of the
transfer of entitlement under this paragraph shall be made by the
submittal of written notice of the action to both the Secretary
concerned and the Secretary of Veterans Affairs.
``(3) Entitlement transferred under this section may not be treated
as marital property, or the asset of a marital estate, subject to
division in a divorce or other civil proceeding.
``(g) Commencement of Use.--A dependent to whom entitlement to
basic educational assistance is transferred under this section may not
commence the use of the transferred entitlement until--
``(1) in the case of entitlement transferred to a spouse, the
completion by the member making the transfer of at least--
``(A) six years of service in the armed forces; or
``(B) the years of service as determined in regulations
pursuant to subsection (j); or
``(2) in the case of entitlement transferred to a child, both--
``(A) the completion by the member making the transfer of
at least--
``(i) ten years of service in the armed forces; or
``(ii) the years of service as determined in
regulations pursuant to subsection (j); and
``(B) either--
``(i) the completion by the child of the requirements
of a secondary school diploma (or equivalency certificate);
or
``(ii) the attainment by the child of 18 years of age.
``(h) Additional Administrative Matters.--(1) The use of any
entitlement to basic educational assistance transferred under this
section shall be charged against the entitlement of the member making
the transfer at the rate of one month for each month of transferred
entitlement that is used.
``(2) Except as provided under subsection (e)(2) and subject to
paragraphs (5) and (6), a dependent to whom entitlement is transferred
under this section is entitled to basic educational assistance under
this chapter in the same manner as the member from whom the entitlement
was transferred.
``(3) The monthly rate of educational assistance payable to a
dependent to whom entitlement is transferred under this section shall
be the monthly amount payable under sections 16162 and 16162a to the
member making the transfer.
``(4) The death of a member transferring an entitlement under this
section shall not affect the use of the entitlement by the dependent to
whom the entitlement is transferred.
``(5) Notwithstanding section 16164(a)(2), a child to whom
entitlement is transferred under this section may use the benefit
without regard to the 10-year delimiting date, but may not use any
entitlement so transferred after attaining the age of 26 years.
``(6) The administrative provisions of this chapter shall apply to
the use of entitlement transferred under this section, except that the
dependent to whom the entitlement is transferred shall be treated as
the eligible member for purposes of such provisions.
``(7) The purposes for which a dependent to whom entitlement is
transferred under this section may use such entitlement shall include
the pursuit and completion of the requirements of a secondary school
diploma (or equivalency certificate).
``(i) Overpayment.--
``(1) Joint and several liability.--In the event of an
overpayment of basic educational assistance with respect to a
dependent to whom entitlement is transferred under this section,
the dependent and the member making the transfer shall be jointly
and severally liable to the United States for the amount of the
overpayment for purposes of section 3685 of title 38.
``(2) Failure to complete service agreement.--Except as
provided in paragraph (3), if an individual transferring
entitlement under this section fails to complete the service agreed
to by the individual under subsection (b)(1) in accordance with the
terms of the agreement of the individual under that subsection, the
amount of any transferred entitlement under this section that is
used by a dependent of the individual as of the date of such
failure shall be treated as an overpayment of educational
assistance under paragraph (1).
``(3) Paragraph (2) shall not apply in the case of an
individual who fails to complete service agreed to by the
individual--
``(A) by reason of the death of the individual; or
``(B) for a reason referred to in section 16133(b).
``(j) Regulations.--(1) The Secretary of Defense, in coordination
with the Secretary of Veterans Affairs, shall prescribe regulations for
purposes of this section.
``(2) Such regulations shall specify--
``(A) the manner of authorizing the transfer of entitlements
under this section;
``(B) the eligibility criteria in accordance with subsection
(b); and
``(C) the manner and effect of an election to modify or revoke
a transfer of entitlement under subsection (f)(2).
``(k) Secretary Concerned Defined.--For purposes of this section,
the term `Secretary concerned' has the meaning given in section
101(a)(9) in the case of a member of the armed forces.''.
(d) Conforming Amendments.--Section 16133(a) of title 10, United
States Code, is amended by striking ``(1)'' and all that follows
through the period at the end of the subsection and inserting ``on the
date the person is separated from the Selected Reserve.''.
(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 30 of title 38, United States Code, is amended by
striking the item relating to section 3020 and inserting the following
new item:
``3020. Authority to transfer unused education benefits to family
members of career service members.''.
(2) The table of sections at the beginning of chapter 1606 of title
10, United States Code, is amended by inserting after the item relating
to section 16132 the following new item:
``16132a. Authority to transfer unused education benefits to family
members.''.
(3) The table of sections at the beginning of chapter 1607 of such
title is amended by inserting after the item relating to section 16163
the following new item:
``16163a. Authority to transfer unused education benefits to family
members.''.
CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE
short title

daec115009d0fc6f3413549b9251977567c83b6676a5742867776e64ef9c66b1

Fraud Loophole Act''.
revision of the federal acquisition regulation

dec7d4db53db73cf48047cfaf36dbdced8b4f828c370d6bcae693d9d9730485a

TITLE VI

-ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING

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

ac59e3735cc53dbc4686b68dcad311152859e7fa2a06eea32a0300e8e72797a5

any contract in an amount greater than $5,000,000 and more than 120
days in duration.
CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY
short title

fcd4c82385f43ce4925e68e2dd2579a16d59edcf90b644b02ed97ddf4226eb4f

Transparency Act of 2008''.
financial disclosure requirements for certain recipients of federal
awards

7c9f7e27e9d73bb4acfd8a490252f8211169769b9483de28eead304b51c648f3

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).

3055709b808d59703fc78a42630dc215b96545e52bbdddeb7838cd8c61b62a63

(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 determined by the United States District
Court for the District of Columbia to have been `improperly
promulgated', Alameda County Medical Center, et al., v.
Leavitt, et al., Civil Action No. 08-0422, Mem. at 4 (D.D.C.
May 23, 2008)''; and
(C) in subparagraph (C), by inserting before the period at
the end the following: ``, including the proposed regulation
published on May 23, 2007 (72 Federal Register 28930)''.
(2) Extension of certain moratoria in public law 110-173.--
Section 206 of the Medicare, Medicaid, and SCHIP Extension Act of
2007 (Public Law 110-173) is amended--
(A) by striking ``June 30, 2008'' and inserting ``April 1,
2009'';
(B) by inserting ``, including the proposed regulation
published on August 13, 2007 (72 Federal Register 45201),''
after ``rehabilitation services''; and
(C) by inserting ``, including the final regulation
published on December 28, 2007 (72 Federal Register 73635),''
after ``school-based transportation''.
(3) Additional moratoria.--
(A) In general.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall not,
prior to April 1, 2009, take any action (through promulgation
of regulation, issuance of regulatory guidance, use of Federal
payment audit procedures, or other administrative action,
policy, or practice, including a Medical Assistance Manual
transmittal or letter to State Medicaid directors) to impose
any restrictions relating to a provision described in
subparagraph (B) or (C) if such restrictions are more
restrictive in any aspect than those applied to the respective
provision as of the date specified in subparagraph (D) for such
provision.
(B) Portion of interim final regulation relating to
medicaid treatment of optional case management services.--
(i) In general.--Subject to clause (ii), the provision
described in this subparagraph is the interim final
regulation relating to optional State plan case management
services under the Medicaid program published on December
4, 2007 (72 Federal Register 68077) in its entirety.
(ii) Exception.--The provision described in this
subparagraph does not include the portion of such
regulation as relates directly to implementing section
1915(g)(2)(A)(ii) of the Social Security Act, as amended by
section 6052 of the Deficit Reduction Act of 2005 (Public
Law 109-171), through the definition of case management
services and targeted case management services contained in
proposed section 440.169 of title 42, Code of Federal
Regulations, but only to the extent that such portion is
not more restrictive than the policies set forth in the
Dear State Medicaid Director letter on case management
issued on January 19, 2001 (SMDL #01-013), and with respect
to community transition case management, the Dear State
Medicaid Director letter issued on July 25, 2000 (Olmstead
Update 3).
(C) Portion of proposed regulation relating to medicaid
allowable provider taxes.--
(i) In general.--Subject to clause (ii), the provision
described in this subparagraph is the final regulation
relating to health-care-related taxes under the Medicaid
program published on February 22, 2008 (73 Federal Register
9685) in its entirety.
(ii) Exception.--The provision described in this
subparagraph does not include the portions of such
regulation as relate to the following:
(I) Reduction in threshold.--The reduction from 6
percent to 5.5 percent in the threshold applied under
section 433.68(f)(3)(i) of title 42, Code of Federal
Regulations, for determining whether or not there is an
indirect guarantee to hold a taxpayer harmless, as
required to carry out section 1903(w)(4)(C)(ii) of the
Social Security Act, as added by section 403 of the
Medicare Improvement and Extension Act of 2006
(division B of Public Law 109-432).
(II) Change in definition of managed care.--The
change in the definition of managed care as proposed in
the revision of section 433.56(a)(8) of title 42, Code
of Federal Regulations, as required to carry out
section 1903(w)(7)(A)(viii) of the Social Security Act,
as amended by section 6051 of the Deficit Reduction Act
of 2005 (Public Law 109-171).
(D) Date specified.--The date specified in this
subparagraph for the provision described in--
(i) subparagraph (B) is December 3, 2007; or
(ii) subparagraph (C) is February 21, 2008.
(b) Funds to Reduce Medicaid Fraud and Abuse.--
(1) In general.--For purposes of reducing fraud and abuse in
the Medicaid program under title XIX of the Social Security Act--
(A) there is appropriated to the Office of the Inspector
General of the Department of Health and Human Services, out of
any money in the Treasury not otherwise appropriated,
$25,000,000, for fiscal year 2009; and
(B) there is authorized to be appropriated to such Office
$25,000,000 for fiscal year 2010 and each subsequent fiscal
year.
Amounts appropriated under this section shall remain available for
expenditure until expended and shall be in addition to any other
amounts appropriated or made available to such Office for such
purposes with respect to the Medicaid program.
(2) Annual report.--Not later than September 30 of 2009 and of
each subsequent year, the Inspector General of the Department of
Health and Human Services shall submit to the Committees on Energy
and Commerce and Appropriations of the House of Representatives and
the Committees on Finance and Appropriations of the Senate a report
on the activities (and the results of such activities) funded under
paragraph (1) to reduce waste, fraud, and abuse in the Medicaid
program under title XIX of the Social Security Act during the
previous 12 month period, including the amount of funds
appropriated under such paragraph for each such activity and an
estimate of the savings to the Medicaid program resulting from each
such activity.
(c) Study and Reports to Congress.--
(1) Secretarial report identifying problems.--Not later than
January 1, 2009, the Secretary of Health and Human Services shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a report
that--
(A) outlines the specific problems the Medicaid regulations
referred to in the amendments made by paragraphs (1) and (2) of
subsection (a) were intended to address;
(B) details how these regulations were designed to address
these specific problems; and
(C) cites the legal authority for such regulations.
(2) Independent comprehensive study and report.--
(A) In general.--Not later than January 1, 2009, the
Secretary of Health and Human Services shall enter into a
contract with an independent organization for the purpose of--
(i) producing a comprehensive report on the prevalence
of the problems outlined in the report submitted under
paragraph (1);
(ii) identifying strategies in existence to address
these problems; and
(iii) assessing the impact of each regulation referred
to in such paragraph on each State and the District of
Columbia.
(B) Additional matter.--The report under subparagraph (A)
shall also include--
(i) an identification of which claims for items and
services (including administrative activities) under title
XIX of the Social Security Act are not processed through
systems described in section 1903(r) of such Act;
(ii) an examination of the reasons why these claims for
such items and services are not processed through such
systems; and
(iii) recommendations on actions by the Federal
government and the States that can make claims for such
items and services more accurate and complete consistent
with such title.
(C) Deadline.--The report under subparagraph (A) shall be
submitted to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Finance of the Senate
not later than September 1, 2009.
(D) Cooperation of states.--If the Secretary of Health and
Human Services determines that a State or the District of
Columbia has not cooperated with the independent organization
for purposes of the report under this paragraph, the Secretary
shall reduce the amount paid to the State or District under
section 1903(a) of the Social 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 from approving, the implementation of an asset
verification program in advance of the deadline otherwise
established under such subparagraph.
``(4) Exemption of territories.--This section shall only apply
to the 50 States and the District of Columbia.
``(b) Asset Verification Program.--
``(1) In general.--For purposes of this section, an asset
verification program means a program described in paragraph (2)
under which a State--
``(A) requires each applicant for, or recipient of, medical
assistance under the State plan under this title on the basis
of being aged, blind, or disabled to provide authorization by
such applicant or recipient (and any other person whose
resources are required by law to be disclosed to determine the
eligibility of the applicant or recipient for such assistance)
for the State to obtain (subject to the cost reimbursement
requirements of section 1115(a) of the Right to Financial
Privacy Act but at no cost to the applicant or recipient) from
any financial institution (within the meaning of section
1101(1) of such Act) any financial record (within the meaning
of section 1101(2) of such Act) held by the institution with
respect to the applicant or recipient (and such other person,
as applicable), whenever the State determines the record is
needed in connection with a determination with respect to such
eligibility for (or the amount or extent of) such medical
assistance; and
``(B) uses the authorization provided under subparagraph
(A) to verify the financial resources of such applicant or
recipient (and such other person, as applicable), in order to
determine or redetermine the eligibility of such applicant or
recipient for medical assistance under the State plan.
``(2) Program described.--A program described in this paragraph
is a program for verifying individual assets in a manner consistent
with the approach used by the Commissioner of Social Security under
section 1631(e)(1)(B)(ii).
``(c) Duration of Authorization.--Notwithstanding section
1104(a)(1) of the Right to Financial Privacy Act, an authorization
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.

d59bb29b9a1527c624121a2e8108cea734c995a70815b5e4177af1eba12c90da

TITLE VII

-MEDICAID PROVISIONS

Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at
the end the following new section:
``medicare improvement fund
``Sec. 1898.  (a) Establishment.--The Secretary shall establish
under this title a Medicare Improvement Fund (in this section referred
to as the `Fund') which shall be available to the Secretary to make
improvements under the original fee-for-service program under parts A
and B for individuals entitled to, or enrolled for, benefits under part
A or enrolled under part B.
``(b) Funding.--
``(1) In general.--There shall be available to the Fund, for
expenditures from the Fund for services furnished during fiscal
year 2014, $2,220,000,000.
``(2) Payment from trust funds.--The amount specified under
paragraph (1) shall be available to the Fund, as expenditures are
made from the Fund, from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund in such
proportion as the Secretary determines appropriate.
``(3) Funding limitation.--Amounts in the Fund shall be
available in advance of appropriations but only if the total amount
obligated from the Fund does not exceed the amount available to the
Fund under paragraph (1). The Secretary may obligate funds from the
Fund only if the Secretary determines (and the Chief Actuary of the
Centers for Medicare & Medicaid Services and the appropriate budget
officer certify) that there are available in the Fund sufficient
amounts to cover all such obligations incurred consistent with the
previous sentence.''.
(b) Medicaid Improvement Fund.-- Title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), as amended by section 7001(d), is further
amended by adding at the end the following new section:
``medicaid improvement fund
``Sec. 1941.  (a) Establishment.--The Secretary shall establish
under this title a Medicaid Improvement Fund (in this section referred
to as the `Fund') which shall be available to the Secretary to improve
the management of the Medicaid program by the Centers for Medicare &
Medicaid Services, including oversight of contracts and contractors and
evaluation of demonstration projects. Payments made for activities
under this subsection shall be in addition to payments that would
otherwise be made for such activities.
``(b) Funding.--
``(1) In general.--There shall be available to the Fund, for
expenditures from the Fund--
``(A) for fiscal year 2014, $100,000,000; and
``(B) for fiscal years 2015 through 2018, $150,000,000.
``(2) Funding limitation.--Amounts in the Fund shall be
available in advance of appropriations but only if the total amount
obligated from the Fund does not exceed the amount available to the
Fund under paragraph (1). The Secretary may obligate funds from the
Fund only if the Secretary determines (and the Chief Actuary of the
Centers for Medicare & Medicaid Services and the appropriate budget
officer certify) that there are available in the Fund sufficient
amounts to cover all such obligations incurred consistent with the
previous sentence.''.
(c) Adjustment to PAQI Fund.--Section 1848(l)(2) of the Social
Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section 101(a)(2)
of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law
110-173), is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (III), by striking ``$4,960,000,000'' and
inserting ``$4,670,000,000''; and
(B) by adding at the end the following new subclause:
``(IV) For expenditures during 2014, an amount
equal to $290,000,000.'';
(2) in subparagraph (A)(ii), by adding at the end the following
new subclause:
``(IV) 2014.--The amount available for expenditures
during 2014 shall only be available for an adjustment
to the update of the conversion factor under subsection
(d) for that year.''; and
(3) in subparagraph (B)--
(A) in clause (ii), by striking ``and'' at the end;
(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.''.
availability of funds

23a832938f3d3184df78b0538592073541f0350e8433701f21ac1a3e3d42e50c

shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
emergency designation

f3c702b441b73bfc8b51e6bf305c848132f978d15e51d15807219cdcf4b3ae15

TITLE VIII

-GENERAL PROVISIONS, THIS ACT

an emergency requirement and necessary to meet emergency needs pursuant
to section 204(a) of S. Con. Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.
reduction in defense amounts

61f8b6f2d86c28ad7bc983a82f5541ee8f96812bdc511db036b002919450064d

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

dac7bded80c46bd7cb1198c7074b01d31d9be8f57217669a41a52e8ad43ca0a3

except funds deposited in the Department of Defense Base Closure
Account 2005,'' after ``None of the funds available to the Department
of Defense''.
defense health program

e8789c125feed5138402cdd5427fd55d091f5335b4aa0e6a2ddabbb1c44f63e9

Public Law 110-28 for Post Traumatic Stress Disorder and Traumatic
Brain Injury (TBI) within operation and maintenance which remain
available for obligation shall be made available for psychological
health and traumatic brain injury.
short title

8df8fdf0479fd878055f37ae2af424c06f51d828aa77fe800211b94653331613

Appropriations Act, 2008''.
TITLE IX
DEFENSE MATTERS
CHAPTER 1
DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$12,216,715,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$894,185,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,826,688,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,355,544,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$304,200,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$72,800,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$16,720,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$5,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$1,369,747,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $4,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$17,223,512,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Navy'',
$2,977,864,000: Provided, That up to $112,607,000 shall be transferred
to the Coast Guard ``Operating Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $159,900,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $5,972,520,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,657,562,000, of which--
(1) not to exceed $25,000,000 may be used for the Combatant
Commander Initiative Fund, to be used in support of Operation Iraqi
Freedom and Operation Enduring Freedom;
(2) not to exceed $800,000,000, to remain available until
expended, may be used for payments to reimburse key cooperating
nations, for logistical, military, and other support provided to
United States military operations, notwithstanding any other
provision of law: Provided, That these funds may be used for the
purpose of providing specialized training and procuring supplies
and specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan: Provided further, 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 the ``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 the ``Iraq Security Forces Fund'',
$1,500,000,000, to remain available until September 30, 2009: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Commander, Multi-National Security Transition Command--Iraq, or the
Secretary's designee, to provide assistance, with the concurrence of
the Secretary of State, to the security forces of Iraq, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That none of the assistance provided under this
heading in the form of funds may be utilized for the provision of
salaries, wages, or bonuses to personnel of the Iraqi Security Forces:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That the Secretary of Defense may
transfer such funds to appropriations for military personnel; operation
and maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and defense
working capital funds to accomplish the purposes provided herein:
Provided further, That this transfer authority is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part of the
funds so transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, and used for
such purposes: Provided further, 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'', $5,463,471,000, to remain available for
obligation until September 30, 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$344,900,000, to remain available for obligation until September 30,
2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$16,337,340,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$3,563,254,000, to remain available for obligation until September 30,
2010.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$317,456,000, to remain available for obligation until September 30,
2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $304,945,000, to remain available for obligation until
September 30, 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$1,399,135,000, to remain available for obligation until September 30,
2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$2,197,390,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$7,103,923,000, to remain available for obligation until September 30,
2010.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$66,943,000, to remain available for obligation until September 30,
2010.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $205,455,000, to remain available for obligation until
September 30, 2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$1,953,167,000, to remain available for obligation until September 30,
2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$408,209,000, to remain available for obligation until September 30,
2010.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $825,000,000, to remain available for obligation until
September 30, 2010: Provided, That the Chiefs of the National Guard and
Reserve components shall, prior to the expenditure of funds, and not
later than 30 days after the enactment of this Act, individually submit
to the congressional defense committees an equipment modernization
priority assessment with a detailed plan for the expenditure of funds
for their respective National Guard and Reserve components.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $162,958,000, to remain available until September
30, 2009.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $366,110,000, to remain available until September
30, 2009.
Research, Development, Test And Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $399,817,000, to remain available until
September 30, 2009.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $816,598,000, to remain available until
September 30, 2009.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$1,837,450,000, to remain available for obligation until expended.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift Fund'',
$5,110,000, to remain available for obligation until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,413,864,000, of which $957,064,000 shall be for operation and
maintenance; of which $91,900,000 is for procurement, to remain
available until September 30, 2010; of which $364,900,000 shall be for
research, development, test and evaluation, to remain available until
September 30, 2009: Provided, That in addition to amounts otherwise
contained in this paragraph, $75,000,000 is hereby appropriated to the
``Defense Health Program'' for operation and maintenance for
psychological health and traumatic brain injury, to remain available
until September 30, 2009.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $65,317,000, to remain available until September
30, 2009.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$6,394,000, of which $2,000,000 shall be for research, development,
test and evaluation, to remain available until September 30, 2009.
GENERAL PROVISIONS--THIS CHAPTER

1b6204a844b14718038683b71a4f526feebc55c5ea57480ba3d8a8b831a5aeca

for obligation until September 30, 2008, unless otherwise provided in
this chapter.

70d0d91123042a239b299874b0d0decceca11a9f6e4cf292f564b024c9a08196

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)

cfc28a3c4ee24477c58c81134fadb21c9b3cf00b60218b03519b22cff14a56bb

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.

fd341f2b12bb6e9633ddc9384516b8440a1ab8dfc63b3ddeb14663b78a4154f9

maintenance in this chapter to the Department of Defense, not to exceed
$1,226,841,000 may be used, notwithstanding any other provision of law,
to fund the Commander's Emergency Response Program, for the purpose of
enabling military commanders in Iraq, Afghanistan, and the Philippines
to respond to urgent humanitarian relief and reconstruction
requirements within their areas of responsibility by carrying out
programs that will immediately assist the Iraqi, Afghan, and Filipino
people.
(b) 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)

401af437fabb061045e32000598f8bc7755ecbea1392359425188bb1f0d025c5

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.

cc311716d49a53b3467fe97b0ce07d75b2d8f375168daeb4c347a03dc3d8c51b

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.

11d22bc2b807e40a36d2cd5026cf87ef1a504d0bc7a17df4a395321f622b5249

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)

419df4f080b0c520471f0afe61e322441597f0494615f5600eb3fe8b7c701b20

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'.''.

cf9a470c904c832772b2319bc18ce1df9252408f39467a96a6d2ff4e437b4f94

exceed $150,000,000 of funds made available in this chapter may be
obligated to conduct or support a program to build the capacity of a
foreign country's national military forces in order for that country to
conduct counterterrorist operations or participate in or support
military and stability operations in which the U.S. Armed Forces are a
participant: Provided, That funds available pursuant to the authority
in this section shall be subject to the same restrictions, limitations,
and reporting requirements as funds available pursuant to section 1206
of Public Law 109-163 as amended.
CHAPTER 2
DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$839,000,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$75,000,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$55,000,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$75,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$150,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$37,300,000,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Navy'',
$3,500,000,000: Provided, That up to $112,000,000 shall be transferred
to the Coast Guard ``Operating Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $2,900,000,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $5,000,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,648,569,000, of which not to exceed $200,000,000, to remain
available until expended, may be used for payments to reimburse key
cooperating nations, for logistical, military, and other support
provided to United States military operations, notwithstanding any
other provision of law: Provided, That these funds may be used for the
purpose of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces supporting
United States military operations in Iraq and Afghanistan: Provided
further, 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 the ``Afghanistan Security Forces
Fund'', $2,000,000,000, to remain available until September 30, 2009.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Iraq Security Forces Fund'', $1,000,000,000, to remain
available until September 30, 2009: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command--Iraq, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Iraq, including the provision of
equipment, supplies, services, training, facility and infrastructure
repair, renovation, and construction, and funding: Provided further,
That none of the assistance provided under this heading in the form of
funds may be utilized for the provision of salaries, wages, or bonuses
to personnel of the Iraqi Security Forces: Provided further, That the
authority to provide assistance under this heading is in addition to
any other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds to
appropriations for military personnel; operation and maintenance;
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purposes provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That upon a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That contributions of funds for the purposes provided herein
from any person, foreign government, or international organization may
be credited to this Fund, and used for such purposes: Provided further,
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

4456bbe7196fcd977027a128196e9539ce27885e7b6f09eeb3f2427793bf9b8a

available for obligation until October 1, 2008.

aff56f6d89a4eee84c6a5581ecdbd1baec848733a39d2af61672057814ea1fb0

for obligation until September 30, 2009, unless otherwise provided in
this chapter.
(INCLUDING TRANSFER OF FUNDS)

7be88d69768a6258e3bab5dcb8067f56bb1bdb97b5886ca2e0a63b88e7192ff4

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.

00579d95c7aec74354204c5ab4755de73fd09c3067cd194eb13cf56e5a7c1307

thereafter through the end of fiscal year 2009, the Secretary of
Defense shall set forth in a report to Congress a comprehensive set of
performance indicators and measures for progress toward military and
political stability in Iraq.
(b) The report shall include performance standards and goals for
security, economic, and security force training objectives in Iraq
together with a notional timetable for achieving these goals.
(c) In specific, the report requires, at a minimum, the following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including the
important political milestones that must be achieved over the
next several years.
(B) The primary indicators of a stable security environment
in Iraq, such as number of engagements per day, numbers of
trained Iraqi forces, trends relating to numbers and types of
ethnic and religious-based hostile encounters, and progress
made in the transition of responsibility for the security of
Iraqi provinces to the Iraqi Security Forces under the
Provincial Iraqi Control (PIC) process.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed of
non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts to
disarm or reintegrate each militia.
(E) Key indicators of economic activity that should be
considered the most important for determining the prospects of
stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The most recent annual budget for the Government of
Iraq, including a description of amounts budgeted for support
of Iraqi security and police forces and an assessment of how
planned funding will impact the training, equipping and overall
readiness of those forces.
(G) The criteria the Administration will use to determine
when it is safe to begin withdrawing United States forces from
Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:
(A) The training provided Iraqi military and other Ministry
of Defense forces and the equipment used by such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable for
achieving these goals.
(C) The operational readiness status of the Iraqi military
forces, including the type, number, size, and organizational
structure of Iraq battalions that are--
(i) capable of conducting counterinsurgency operations
independently without any support from Coalition Forces;
(ii) capable of conducting counterinsurgency operations
with the support of United States or coalition forces; or
(iii) not ready to conduct counterinsurgency
operations.
(D) The amount and type of support provided by Coalition
Forces to the Iraqi Security Forces at each level of
operational readiness.
(E) The number of Iraqi battalions in the Iraqi Army
currently conducting operations and the type of operations
being conducted.
(F) The rates of absenteeism in the Iraqi military forces
and the extent to which insurgents have infiltrated such
forces.
(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.

c5699b63a0b3c0be901a801ce01163a2794249fe9ca4dc92caa8ba35d4e14730

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 3-month period from
such date, including estimates by the commanders referred to in
this paragraph of the costs required to complete each such project.
(2) The report required by this subsection shall include the
following:
(A) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
paragraph (1) were obligated prior to the submission of the
report, including estimates by the commanders referred to in
paragraph (1) of the costs to complete each project.
(B) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to in
paragraph (1) in prior appropriations Acts, or for which funds
were made available by transfer, reprogramming, or allocation
from other headings in prior appropriations Acts, including
estimates by the commanders referred to in paragraph (1) of the
costs to complete each project.
(C) An estimated total cost to train and equip the Iraq and
Afghan security forces, disaggregated by major program and sub-
elements by force, arrayed by fiscal year.
(c) Notification.--The Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
transfers of funds between sub-activity groups in excess of $15,000,000
using funds appropriated by this Act under the headings ``Iraq Security
Forces Fund'' and ``Afghanistan Security Forces Fund''.

b779976b09f1c3276900ff5517f87c5f8407cc591d57aa9f234a2025d18ab145

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.

d3a486f97fe9a5e7ed5432ac21cbd28507a6cc619eddfda47af3d3db3006057b

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)

34f2050c19b8a7cb7aaac971a3fdce0cbbd99230a52202627159035895999135

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.

a4088ce03e579aa43dac78f7b4ca560aeedee9cdb2bec7d1ea9876c4f6732d8e

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

ae27566b81ff4dce8abaeb10ce2a9e85d884128dd4b11c9d811941fe22566668

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.

45b4e963745a21722a4ef4cca2a5acf7f835c706ca1b9220ffed5e0e6ef7f60d

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)).

7a9973b56f7a24c972d13d04e4534dc18ed6037eb47f0ec39ffe02ad0a1ad6b0

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; and
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).

6f391ddedc3ae2d830eb1a8592f43dca2779546212fbc5364d50c81b4fd64a44

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.

2c0c86e17332d629befffdbb5d40561dfb029e2af48c046a05dcf6560f414e71

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.

89fe208995bd28f6081abe6824952b70ccc05827fecc8c2aee9ea0deb2c33ebf

Act, Fiscal Year 2008 (Public Law 110-181) is amended by striking
``$362,159,000'' and inserting ``$435,259,000''.

f9604f7191fdd946e14cea48d6bdafb025ada08907ff2c957201bd6f40296e76

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)

df884fa3a6a324275010413d8ba8166ef797cf0c95e04d643d3440be65186ef2

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

71f5c04deb69e649fa8fd429cf61c53df9032e7ac34b30cf7b1803d932725651

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.

e91c3e504b3309fb203219778e9d0d40c02f864036536c5d78f7f200dc520c23

may be obligated or expended to implement any final action on joint
basing initiatives required under the 2005 round of defense base
closure and realignment under the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) until each affected Secretary of a military department or the
head of each affected Federal agency certifies to the congressional
defense committees that joint basing at the affected military
installation will result in significant costs savings and will not
negatively impact the morale of members of the Armed Forces.

547e8896bdff3305e3f720df285b9f9962d33e4171dba468f9d055d5d2d54657

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

bcdb435dcb6b3222b3bfac19a7804c728305543aff54572ce8b0ea6b239b5460

Supplemental Appropriations Act, 2008

Other Sections