“TEXT OF AMENDMENTS” published by Congressional Record on May 20, 2008

Volume 154, No. 83 covering the 2nd Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S4496-S4548 on May 20, 2008.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 4789. Mr. REID proposed an amendment to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; as follows:

(The amendment will be printed in a future edition of the Record.)

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SA 4790. Mr. REID proposed an amendment to amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; as follows:

(The amendment will be printed as a future edition of the Record.)

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SA 4791. Mr. KERRY submitted an amendment intended to be proposed by him to the amendment of the House numbered 1 to the amendment of the Senate to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 16, line 23, insert after ``agreements'' the following: ``: Provided further, That of the funds appropriated under this heading, $2,000,000 shall be made available as a contribution for the witness and victims support, protection, and participation program within the United Nations Assistance to the Khmer Rouge Trials Trust Fund''.

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SA 4792. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 8021.

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SA 4793. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

DIVISION _--IMMIGRATION ENFORCEMENT

SEC. _1. SHORT TITLE.

This division may be cited as the ``Secure America Through Verification and Enforcement Act of 2007'' or as the ``SAVE Act of 2007''.

TITLE I--SECURING AMERICA'S INTERNATIONAL BORDERS

Subtitle A--Manpower, Technology, and Infrastructure Improvements

SEC. 101. MANPOWER.

(a) Border Patrol Agents.--Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended to read as follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

``(a) Annual Increases.--The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Border Patrol agents within the Department of Homeland Security (above the number of positions for which funds were appropriated for the preceding fiscal year), by--

``(1) 2,500 in fiscal year 2008;

``(2) 2,000 in fiscal year 2009;

``(3) 1,500 in fiscal year 2010;

``(4) 1,000 in fiscal year 2011; and

``(5) 1,000 in fiscal year 2012.

``(b) Allocations.--Of the Border Patrol agents hired under subsection (a), 80 percent shall be deployed along the southern border of the United States and 20 percent shall be deployed along the northern border of the United States.

``(c) Authorization of Appropriations.--The necessary funds are authorized to be appropriated for each of fiscal years 2008 through 2012 to carry out this section.''.

(b) Investigative Personnel.--

(1) Additional investigative personnel for alien smuggling.--In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by paragraph (1), during each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not less than 350 the number of positions for personnel within the Department assigned to specifically investigate alien smuggling.

(2) Additional funds and personnel for the tunnel task force.--Subject to appropriations, the fiscal year 2008 budget of the Tunnel Task Force, a joint force comprised of Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP) and Drug Enforcement Administration (DEA) personnel tasked to pinpoint tunnels that are utilized by drug lords and ``coyotes'' to smuggle narcotics, illegal aliens, and weapons of mass destruction, shall be increased by 50 percent above the fiscal year 2007 budget. Such increase shall be used to increase personnel, improve communication and coordination between participant agencies, upgrade technology, and offer cash rewards and appropriate security to individuals who provide the Tunnel Task Force with accurate information on existing tunnels that breach the international borders of the United States.

(3) Authorization of appropriations.--The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2008 through 2012 to carry out this section.

(1) Requirement for program.--The Secretary, in conjunction with the Secretary of Defense, shall establish a program to actively recruit covered members (a member of a reserve component of the Armed Forces) or former members of the Armed Forces and National Guard to serve in United States Customs and Border Protection.

(2) Report on recruitment incentives.--Not later than 90 days after the date of enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit to the

``appropriate'' committees of Congress a report that shall include an assessment of the desirability and feasibility of offering an incentive to a covered member or former member of the Armed Forces for the purpose of encouraging such member to serve in United States Customs and Border Patrol and Immigration and Customs Enforcement--

(A) the Secretary must provide a description of various monetary and non-monetary incentives considered for purposes of the report; and

(B) the Secretary must provide an assessment of the desirability and feasibility of utilizing any such incentive.

(3) Recommendations for recruitment incentives.--

(A) Maximum student loan repayments for united states border patrol agents with a two year commitment.--Section 5379(b) of title 5, United States Code, is amended by adding at the end the following:

``(4) In the case of an employee (otherwise eligible for benefits under this section) who is serving as a full-time active-duty United States Border Patrol agent within the Department of Homeland Security--

``(A) paragraph (2)(A) shall be applied by substituting

`$20,000' for `$10,000'; and

``(B) paragraph (2)(B) shall be applied by substituting

`$80,000' for `$60,000'.''.

(B) Recruitment and relocation bonuses and retention allowances for personnel of the department of homeland security.--The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security.

(4) Definition.--The term ``appropriate committees of Congress'' means--

(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives; and

(B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate.

SEC. 102. TECHNOLOGY.

(a) Equipment Sharing Between Department of Homeland Security and Department of Defense.--The Secretaries of these two departments shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration.

(b) Report.--Not later than 6 months after the date of enactment of this Act (and then annually from that point), the Secretary and the Secretary of Defense shall submit to Congress a report that contains--

(1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the potential risks to citizens of the United States and key foreign policy interests associated with the use of such equipment;

(2) the plan developed under subsection (a) to increase the use of Department of Defense equipment to assist such surveillance activities; and

(3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report.

(c) Secure Communication.--The secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities--

(1) among all Border Patrol agents conducting operations between ports of entry;

(2) between Border Patrol agents and their respective Border Patrol stations; and

(3) between all appropriate law enforcement agencies of the Department and State, local, and tribal law enforcement agencies.

(d) Other Technology Upgrades.--The Secretary shall purchase and implement new technology to secure the borders, including, but not limited to drones, infrared cameras, sensors, mobile lighting units, radar and infrared heat.

(e) Authorization of Appropriations.--The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2008 through 2012 to carry out this section.

SEC. 103. INFRASTRUCTURE.

(a) Infrastructure Improvements.--Subject to the availability of appropriations, the Secretary shall construct or purchase--

(1) office facilities to accommodate additional border patrol manpower;

(2) sport utility vehicles for officers;

(3) all weather roads for better vehicle access and performance on remote and rugged terrain (road construction should be done in consultation with the owner of the land and take into account any environmental or other land-use issues that are relevant);

(4) additional fencing (and aesthetic fencing in business districts) in urban areas of the border; and

(5) vehicle barriers, to support, not replace, manpower, in rural and remote areas of the border necessary to achieve operational control of the international borders of the United States.

(b) Authorization of Appropriations.--The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2008 through 2012 to carry out this section.

SEC. 104. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS.

(a) Unmanned Aerial Vehicle Pilot Program.--During the 1-year period beginning on the date on which the report is submitted under section 102(b), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States.

(b) Unmanned Aerial Vehicles and Associated Infrastructure.--The Secretary shall acquire and maintain unmanned aerial vehicles and related equipment for use to patrol the international borders of the United States, including equipment such as--

(1) additional sensors;

(2) satellite command and control; and

(3) other necessary equipment for operational support.

(1) In general.--There are authorized to be appropriated to the Secretary for each of the fiscal years 2008 and 2009 such sums as may be necessary to carry out subsection (b).

(2) Availability of funds.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended.

(d) Aerial Surveillance Program.--

(1) In general.--In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004

(Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each border.

(2) Assessment and consultation requirements.--In developing the program under this subsection, the Secretary shall--

(A) consider current and proposed aerial surveillance technologies;

(B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats;

(C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary may deploy along an international border of the United States; and

(D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program.

(3) Authorization of appropriations.--The necessary funds are authorized to be appropriated to carry out this subsection.

(e) Integrated and Automated Surveillance Program.--

(1) Requirement for program.--Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, drones, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a ``virtual fence'' along such international borders to provide a barrier to illegal immigration.

(2) Program components.--The Secretary shall ensure, to the maximum extent feasible, that--

(A) the technologies utilized in the Integrated and Automated Surveillance Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor;

(B) cameras utilized in the program do not have to be manually operated;

(D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers;

(E) a standard process is used to collect and record, catalog, and report intrusion and response data collected under the Program;

(F) future remote surveillance technology investments and upgrades for the program can be integrated with existing systems;

(G) performance measures are developed and applied that can evaluate whether the program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States;

(H) plans are developed under the program to streamline site selection and site validation processes to minimize delays of installing surveillance technology infrastructure;

(I) standards are developed under the program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible;

(J) standards are developed under the program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary's mobility and ability to identify illegal border intrusions; and

(K) Border Patrol agents respond to each reported intrusion that appears to involve aliens or smugglers.

(3) Evaluation of contractors.--

(A) Requirement for standards.--The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program.

(B) Review by the comptroller general of the united states.--

(i) In general.--The Comptroller General of the United States shall review each new contract related to the Program and should report to Congress regarding contracts with a value of more than $5,000,000 in a timely manner, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules.

(ii) Reports.--The Comptroller General of the United States shall report the findings of each review carried out under clause (i) to the Secretary in a timely manner.

(4) Authorization of appropriations.--The necessary funds are authorized to be appropriated to carry out this subsection.

Subtitle B--Strategies and Progress Reports for Securing America's

Borders

SEC. 111. NATIONAL STRATEGY TO SECURE THE BORDERS.

(a) Requirement for National Strategy.--The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States by December 31, 2010.

(b) Content.--The national strategy to secure the borders shall include the following:

(1) An assessment of the threats posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States.

(2) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken--

(A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and

(B) to protect critical infrastructure at or near such ports of entry or borders.

(3) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities.

(4) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies.

(5) A description of the border security roles and missions of Federal Government, State government, local government, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner.

(6) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, refugees and other vulnerable populations, as well as the effects on Americans living in the border region and local, State, and Federal law enforcement officers working in the border region.

(7) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.

(8) A description of ways to ensure that the free flow of lawful travel and commerce is not unreasonably diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States.

(9) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States.

(10) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such strategy.

(11) A schedule for the implementation of the security measures described in said strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated.

(c) Consultation.--In developing the national strategy for border security, the Secretary shall consult with representatives of--

(1) State, local, and tribal governmental authorities with responsibility for locations along the international land and maritime borders of the United States; and

(2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security.

(d) Coordination.--The national strategy for border security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004.

(e) Submission to Congress.--

(1) Strategy.--Not later than December 31, 2008, the Secretary shall submit to Congress the national strategy for border security.

(2) Updates.--The Secretary shall submit to Congress any update of such strategy that the Secretary determines is necessary, not later than 30 days after such update is developed.

(f) Immediate Action.--Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States.

SEC. 112. ACCOUNTABLE FINANCING OF A SECURE BORDER

INITIATIVE.

(a) Comptroller General of the United States.--

(1) Action.--If the Comptroller General of the United States becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under the Secure Border Initiative, the Comptroller General of the United States shall, as expeditiously as practicable, refer information relating to such improper conduct or wrongdoing to Congress and to the Secretary of Homeland Security, or to another appropriate official of the Department of Homeland Security, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative or make said contract null and void.

(2) Report.--Upon the completion of each review described in paragraph (1), the Comptroller General of the United States shall submit to Congress and to the Secretary a report containing the findings of the review, including findings regarding--

(A) cost overruns;

(B) significant delays in contract execution;

(D) insufficient departmental financial oversight;

(E) bundling that limits the ability of small businesses to compete; or

(F) other high-risk business practices.

(b) Reports by the Secretary.--

(1) In general.--Not later than 30 days after the receipt of each report required under subsection (a)(2), the Secretary shall submit a report to the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, that describes the steps the Secretary has taken, or plans to take, to address the problems identified in such report.

(2) Contracts with foreign companies.--Not later than 60 days after the initiation of each contract action with a company whose headquarters are not based in the United States, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, regarding the Secure Border Initiative.

(c) Reports on United States Ports.--Not later that 60 days after receiving information regarding a proposed purchase of a contract to manage the operations of a United States port by a foreign entity, the Secretary of Homeland Security shall submit a report to Congress that describes--

(1) the proposed purchase;

(2) any security concerns related to the proposed purchase; and

(3) the manner in which such security concerns have been addressed.

Subtitle C--Rapid Response Measures

SEC. 121. DEPLOYMENT OF BORDER PATROL AGENTS.

(a) Emergency Deployment of Border Patrol Agents.--

(1) In general.--If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional agents of the Border Patrol (referred to in this subtitle as ``agents'') from the Secretary, the Secretary, subject to paragraphs (2) and (3), may provide the State with not more than 1,000 additional agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border into the United States at any location other than an authorized port of entry.

(2) Consultation.--Upon receiving a request for agents under paragraph (1), the Secretary, after consultation with the President, shall grant such request to the extent that providing such agents will not significantly impair the Department's ability to provide border security for any other State.

(3) Collective bargaining.--Emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations under current law.

(b) Flexible Deployment of Border Patrol Agents.--The Secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances if the temporary use of fixed deployment positions is necessary.

SEC. 122. BORDER PATROL MAJOR ASSETS.

(a) Control of Department of Homeland Security Assets.--The Department of Homeland Security shall have exclusive administrative and operational control over all the assets utilized in carrying out its mission, including aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets.

(b) Helicopters and Power Boats.--

(1) Helicopters.--The Secretary shall increase the number of helicopters under the control of the Border Patrol and Immigration and Customs Enforcement (ICE). The Secretary shall ensure that appropriate types and quantities of helicopters are procured for the various missions being performed.

(2) Power boats.--The Secretary shall increase the number of power boats under the control of the Border Patrol. The Secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements.

(3) Use and training.--The Secretary shall--

(A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; and

(B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations.

(1) Quantity.--The Secretary shall establish a fleet of motor vehicles appropriate for use by the Border Patrol that will permit a ratio of not less than 1 police-type vehicle for every 4 agents with safety glass and other protections. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the Border Patrol.

(2) Features.--All motor vehicles purchased for the Border Patrol shall--

(A) be appropriate for the mission of the Border Patrol; and

(B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.

SEC. 123. ELECTRONIC EQUIPMENT.

(a) Portable Computers.--The Secretary shall ensure that each police-type motor vehicle in the fleet of the Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the Border Patrol.

(b) Radio Equipment.--The Secretary shall augment the existing radio communications system so that all law enforcement personnel, including Immigration and Customs Enforcement, working in each area where Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.

(c) Handheld Global Positioning System Devices.--The Secretary shall ensure that Border Patrol agents are issued a state-of-the-art handheld global positioning system device for navigational purposes.

(d) Night Vision Equipment.--The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.

SEC. 124. PERSONAL EQUIPMENT.

(a) Body Armor.--The Secretary shall ensure that every agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field.

(b) Weapons.--The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face, and that all agents receive appropriate training in the use of such weapons.

(c) Uniforms.--The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properly.

SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this subtitle.

Subtitle D--Border Infrastructure and Technology Modernization

SEC. 131. DEFINITIONS.

In this subtitle:

(1) Commissioner.--The term ``Commissioner'' means the Commissioner of United States Customs and Border Protection.

(2) Northern border.--The term ``northern border'' means the international border between the United States and Canada.

(3) Southern border.--The term ``southern border'' means the international border between the United States and Mexico.

SEC. 132. EXPANSION OF COMMERCE SECURITY PROGRAMS.

(a) Customs-Trade Partnership Against Terrorism.--

(1) In general.--Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the programs of the Customs-Trade Partnership Against Terrorism established pursuant to section 211 of the SAFE Port Act (6 U.S.C. 961), including adding additional personnel for such programs, along the northern border and southern border, including the following programs:

(A) The Business Anti-Smuggling Coalition.

(B) The Carrier Initiative Program.

(D) The Container Security Initiative established pursuant to section 205 of the SAFE Port Act (6 U.S.C. 945).

(E) The Free and Secure Trade Initiative.

(F) Other industry partnership programs administered by the Commissioner.

(b) Demonstration Program.--Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security.

Subtitle E--Other Border Security Initiatives

SEC. 141. ALIEN SMUGGLING AND TERRORISM PREVENTION.

(a) Checks Against Terrorist Watchlist.--The Department of Homeland Security shall check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at the land, air, and sea borders of the United States.

(b) Strengthening Prosecution and Punishment of Alien Smugglers.--Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--

(1) by amending the subsection heading to read as follows:

``Smuggling of Unlawful and Terrorist Aliens.--'';

(2) by redesignating clause (iv) of paragraph (1)(B) as clause (vii);

(3) in paragraph (1), by striking ``(1)(A)'' and all that follows through clause (iii) of subparagraph (B) and inserting the following:

``(1)(A) Whoever, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly--

``(i) brings that individual to the United States in any manner whatsoever regardless of any future official action which may be taken with respect to such alien;

``(ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States;

``(iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or

``(iv) harbors, conceals, or shields from detection the individual in any place in the United States, including any building or any means of transportation, or attempts or conspires to do so, shall be punished as provided in subparagraph (C).

``(B) Whoever, knowing that an individual is an alien, brings that individual to the United States in any manner whatsoever at a place other than a designated port of entry or place other than as designated by the Secretary of Homeland Security, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien, or attempts or conspires to do so, shall be punished as provided in subparagraph (C).

``(C) A violator of this paragraph shall, for each alien in respect to whom such a violation occurs--

``(i) unless the offense is otherwise described in another clause of this subparagraph, be fined under title 18, United States Code or imprisoned not more than 5 years, or both;

``(ii) if the offense involved the transit of the defendant's spouse, child, sibling, parent, grandparent, or niece or nephew, and the offense is not described in any of clauses (iii) through (vii), be fined under title 18, United States Code or imprisoned not more than 1 year, or both;

``(iii) if the offense is a violation of paragraphs

(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the purpose of profit, commercial advantage, or private financial gain, be fined under title 18, United States Code or imprisoned not more than 10 years, or both;

``(iv) if the offense is a violation of paragraph (1)(A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under title 18, United States Code, and imprisoned, in the case of a first or second violation, not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years;

``(v) if the offense results in serious bodily injury (as defined in section 1365 of title 18, United States Code) or places in jeopardy the life of any person, be fined under title 18, United States Code or imprisoned not more than 20 years, or both;

``(vi) if the offense involved an individual who the defendant knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)), be fined under title 18, United States Code or imprisoned not more than 30 years, or both; and'';

(4) in the clause (vii) so redesignated by paragraph (2) of this subsection (which now becomes clause (vii) of the new subparagraph (C))--

(A) by striking ``in the case'' and all that follows through ``(v) resulting'' and inserting ``if the offense results''; and

(B) by inserting ``and if the offense involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both'' after ``or both''; and

(5) by striking existing subparagraph (C) of paragraph (1)

(without affecting the new subparagraph (C) added by the amendments made by this Act) and all that follows through paragraph (2) and inserting the following:

``(2)(A) There is extraterritorial jurisdiction over the offenses described in paragraph (1).

``(B) In a prosecution for a violation of, or an attempt or conspiracy to violate subsection (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no defense based on necessity can be raised unless the defendant--

``(i) as soon as practicable, reported to the Coast Guard the circumstances of the necessity, and if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and

``(ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement set forth in clause (i) of this subparagraph is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore.

``(C) It is a defense to a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of subsection

(a)(1)(A) for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.

``(D) For purposes of this paragraph and paragraph (1)--

``(i) the term `United States' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and

``(ii) the term `lawful authority' means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved.''.

(1) Penalties.--Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows:

``(b)(1) Whoever intentionally violates this section shall, unless the offense is described in paragraph (2), be fined under this title or imprisoned for not more than 5 years, or both.

``(2) If the offense--

``(A) is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113

(stolen property), or 117 (transportation for illegal sexual activity) of this title; chapter 705 (maritime drug law enforcement) of title 46, or title II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 220), the offender shall be fined under this title or imprisoned for not more than 10 years, or both;

``(B) results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, the offender shall be fined under this title, imprisoned not more than 15 years, or both; or

``(C) results in death or involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse

(as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both.''.

(2) Limitation on necessity defense.--Section 2237(c) of title 18, United States Code, is amended--

(A) by inserting ``(1)'' after ``(c)''; and

(B) by adding at the end the following:

``(2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant--

``(A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel;

``(B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and

``(C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)), into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore.''.

(3) Definition.--Section 2237(e) of title 18, United States Code, is amended--

(A) by striking ``and'' at the end of paragraph (3);

(B) by striking the period at the end of paragraph (4) and inserting ``; and''; and

``(5) the term `transportation under inhumane conditions' means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported.''.

(d) Amendment to the Sentencing Guidelines.--

(1) In general.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding.

(2) Considerations.--In carrying out this subsection, the Sentencing Commission, shall--

(A) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in paragraph (1) of this subsection that--

(i) involve a pattern of continued and flagrant violations;

(ii) are part of an ongoing commercial organization or enterprise;

(iii) involve aliens who were transported in groups of 10 or more;

(iv) involve the transportation or abandonment of aliens in a manner that endangered their lives; or

(v) involve the facilitation of terrorist activity; and

(B) consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder.

(3) Expedited procedures.--The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

SEC. 142. BORDER SECURITY ON CERTAIN FEDERAL LAND.

(a) Definitions.--In this section:

(1) Protected land.--The term ``protected land'' means land under the jurisdiction of the Secretary concerned.

(2) Secretary concerned.--The term ``Secretary concerned'' means--

(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(b) Border Protection Strategy.--The Secretary, the Secretary of the Interior, and the Secretary of Agriculture shall jointly develop a border protection strategy that supports the border security needs of the United States in the manner that best protects--

(1) units of the National Park System;

(2) National Forest System land;

(3) land under the jurisdiction of the United States Fish and Wildlife Service and Bureau of Land Management; and

(4) other relevant land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture.

(c) Additional Uniformed Law Enforcement Officers and Special Agents of the Department of the Interior.--There are authorized to be appropriated to the Secretary of the Interior for employment of uniformed law enforcement officers and special agents, in addition to the number of such officers and agents employed immediately before the enactment of this Act, such sums as may be necessary for--

(1) 22 such officers of the United States Fish and Wildlife Service, including--

(A) 4 for California;

(B) 9 for Arizona;

(D) 7 for Texas;

(2) 2 such agents of the United States Fish and Wildlife Service, for Texas;

(3) 22 such officers of the National Park Service, including--

(A) 13 for Arizona; and

(B) 9 for Texas;

(4) 2 such agents of the National Park Service, for Texas;

(5) 19 such officers of the Bureau of Land Management, including--

(A) 5 for California;

(B) 4 for Arizona;

(D) 6 for Texas;

(6) 2 such agents of the Bureau of Land Management, including--

(A) 1 for California;

(B) 2 for Arizona; and

(7) one such agent of the Bureau of Indian Affairs, for Texas.

(d) Additional Special Assistant United States Attorney.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to increase by 1 the number of special assistant United States attorneys in the district of Arizona dedicated to prosecution of cases generated by the Secretary of Interior, in addition to the number of such attorneys appointed immediately before the enactment of this Act.

Subtitle F--Border Law Enforcement

SEC. 151. SHORT TITLE.

This Act may be cited as the ``Border Law Enforcement Act''.

SEC. 152. FINDINGS.

The Congress finds as follows:

(1) It is the obligation of the Federal Government of the United States to adequately secure the Nation's borders and prevent the flow of unauthorized aliens and illegal drugs into the United States.

(2) Despite the fact that the United States Border Patrol apprehends over 1,000,000 people each year trying to illegally enter the United States, according to the Congressional Research Service, the net growth in the number of unauthorized aliens has increased by approximately 500,000 each year. The southwest border accounts for approximately 94 percent of all migrant apprehensions each year. Currently, there are an estimated 11,000,000 unauthorized aliens in the United States.

(3) The border region is also a major corridor for the shipment of drugs. According to the El Paso Intelligence Center, 65 percent of the narcotics that are sold in the markets of the United States enter the country through the Southwest Border.

(4) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties.

(5) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border.

(6) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes.

(7) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with illegal immigration, drug trafficking, and other border-related crimes.

(8) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region.

SEC. 153. BORDER RELIEF GRANT PROGRAM.

(a) In General.--From amounts made available under section 154, the Secretary of Homeland Security may make grants to--

(1) sheriffs' offices of counties any part of which is within 25 miles of the southern border of the United States; and

(2) police departments serving a city, town, or other political subdivision in a county any part of which is within 25 miles of the southern border of the United States

(including tribal police departments serving a community any part of which is within 25 miles of such border).

(b) Use of Funds.--

(1) In general.--Grant funds received under subsection (a) may be used for the following:

(A) To conduct law enforcement operations in order to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the grant recipient.

(B) To transfer aliens detained or in the custody of the grant recipient who are not lawfully present in the United States to appropriate Federal law enforcement officials.

(C) To enforce State and Federal laws relating to controlled substance trafficking and enforce other State and Federal criminal laws.

(2) Payment of costs.--Use of funds under paragraph (1) shall include payment for costs of--

(A) hiring, equipping, training, and otherwise controlling the operations and deployment of, law enforcement officials engaged in duties described in paragraph (1), as well as the costs of paying overtime to such officials; and

(B) detaining, housing, and transporting aliens who are not lawfully present in the United States, and who are taken into custody by the grant recipient, until the aliens are transferred to appropriate Federal law enforcement officials.

(3) Detention facilities.--In accordance with paragraph

(2)(B), grant funds received under subsection (a) may be used for the construction, maintenance, and operation of detention facilities to detain aliens who are unlawfully present in the United States, except that not more than 20 percent of such funds may be used for the construction or renovation of detention or similar facilities.

(1) In general.--Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary of Homeland Security at such time, in such manner, and accompanied by such information as the Secretary of Homeland Security may reasonably require.

(2) Contents.--Each application submitted pursuant to paragraph (1) shall--

(A) describe the activities for which assistance under this section is sought; and

(B) provide such additional assurances as the Secretary of Homeland Security determines to be essential to ensure compliance with the requirements of this section.

SEC. 154. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of Homeland Security to carry out this Act $200,000,000 for fiscal year 2008 and each succeeding fiscal year.

SEC. 155. REGULATIONS.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue regulations to carry out this Act.

TITLE II--ENDING UNLAWFUL EMPLOYMENT

Subtitle A--Employee Verification

SEC. 201. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.

(a) Making Basic Pilot Program Permanent.--Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding before the period at the end of the last sentence the following ``, except that the basic pilot program described in section 403(a) shall be a permanent program''.

(b) Mandatory Use of E-Verify System.--

(1) In general.--Subject to paragraphs (2) and (3), every person or other entity that hires one or more individuals for employment in the United States shall verify through the E-Verify program, established as the basic pilot program by section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note), that each such individual is authorized to work in the United States. The Secretary of Homeland Security shall ensure that verification by means of a toll-free telephone line is an available option in complying with the preceding sentence.

(2) Select entities required to use e-verify program immediately.--The following entities must satisfy the requirement in paragraph (1) by not later than one year after the date of the enactment of this Act:

(A) Federal agencies.--Each department and agency of the Federal Government.

(B) Federal contractors.--A contractor that--

(i) has entered into a contract with the Federal Government to which section 2(b)(1) of the Service Contract Act of 1965

(41 U.S.C. 351(b)(1)) applies, and any subcontractor under such contract; or

(ii) has entered into a contract exempted from the application of such Act by section 6 of such Act (41 U.S.C. 356), and any subcontractor under such contract.

(3) Phasing-in for other employers.--

(A) 2 years for employers of 100 or more.--Entities that employ 100 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than two years after the date of the enactment of this Act.

(B) 3 years for employers with 30 or more employees.--All entities that employ 30 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than three years after the date of the enactment of this Act.

(C) 4 years for all employers.--All entities that employ one or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than four years after the date of the enactment of this Act.

(4) Verifying employment authorization of current employees.--Every person or other entity that employs one or more persons in the United States shall verify through the E-Verify program by not later than four years after the date of the enactment of this Act that each employee is authorized to work in the United States.

(5) Defense.--An employer who has complied with the requirements in paragraphs (1) and (4) shall not be liable for hiring an unauthorized alien, if--

(A) such hiring occurred due to an error in the E-Verify program that was unknown to the employer at the time of such hiring; and

(B) the employer terminates the employment of the alien upon being informed of the error.

(6) Sanctions for noncompliance.--The failure of an employer to comply with the requirements in paragraphs (1) or

(4) shall--

(A) be treated as a violation of section 274A(a)(1)(B) with respect to each offense; and

(B) create a rebuttable presumption that the employer has violated section 274A(a)(1)(A).

(7) Voluntary participation of employers not immediately subject to requirement.--Nothing in this subsection shall be construed as preventing a person or other entity that is not immediately subject to the requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily using the E-Verify program to verify the employment authorization of new hires or current employees.

(8) State interference.--No State may prohibit a person or other entity from using the E-verify program to verify the employment authorization of new hires or current employees.

SEC. 202. MANDATORY NOTIFICATION OF SSN MISMATCHES AND

MULTIPLE USES.

(a) Notification of Mismatched Name and Social Security Number.--The Commissioner of Social Security shall notify on an annual basis each United States employer with one or more employees whose social security account number does not match the employees name or date of birth in the Commissioners records. Such notification shall instruct employers to notify listed employees that they have 10 business days to correct the mismatch with the Social Security Administration or the employer will be required to terminate their employment. The notification also shall inform employers that they may not terminate listed employees prior to the close of the 10-day period.

(b) Notification of Multiple Uses of Individual Social Security Numbers.--Prior to crediting any individual with concurrent earnings from more than one employer, the Commissioner of Social Security shall notify the individual that earnings from two or more employers are being reported under the individual's social security account number. Such notice shall include, at a minimum, the name and location of each employer and shall direct the individual to contact the Social Security Administration to submit proof that the individual is the person to whom the social security account number was issued and, if applicable, to submit, either in person or via electronic transmission, a pay stub or other documentation showing that such individual is employed by both or all employers reporting earnings to that social security account number.

(1) Not later than 180 days following the date of enactment of this act, the Commissioner of Social Security shall promulgate regulations in accord with section 1306, title 42

(42 U.S.C. 1306), to require that information regarding all unresolved mismatch notifications and regarding all multiple use notifications that lead to the identification of an unauthorized user of a social security account number be shared with the Secretary of the Department of Homeland Security on a timely basis.

(2) Information to be shared with the Secretary shall include, at a minimum, the name and mailing address of all employees who are the subject of an unresolved mismatch notification or who are unauthorized users of another individual's social security account number.

SEC. 203. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH

REGISTRATION SYSTEMS.

(a) In consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, the Secretary shall take the following actions:

(1) Work with the States to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems.

(2) Coordinate requirements for such systems to align with a national model.

(3) Ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data, the issuance of birth certificates, and the exchange of data among government agencies.

(4) Ensure that electronic systems for issuing birth certificates, in the form of printed abstracts of birth records or digitized images, employ a common format of the certified copy, so that those requiring such documents can quickly confirm their validity.

(5) Establish uniform field requirements for State birth registries.

(6) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of Defense that will result in the sharing of data, with the States and the Social Security Administration, regarding deaths of United States military personnel and the birth and death of their dependents.

(7) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of State to improve registration, notification, and the sharing of data with the States and the Social Security Administration, regarding births and deaths of United States citizens abroad.

(8) Not later than 3 years after the date of establishment of databases provided for under this section, require States to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants.

(9) Not later than 6 months after the date of the enactment of this Act, submit to Congress a report on whether there is a need for Federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced.

SEC. 204. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION

RETURNS.

Section 6721 of the Internal Revenue Code of 1986 (26 U.S.C. 6721) is amended by adding at the end the following:

``(f) The Secretary shall assess the maximum allowable penalties on 100 percent of the employers designated in any tax year by the Social Security Administration as the most egregious noncompliant employers.

``(g) Notwithstanding any other provision in this section, in the case of a failure described in subsection (a)(2) with respect to any person employing an alien not authorized to be so employed, the penalty under this section shall be determined in accordance with the following table:

``In the case of-- Not less than-- Not more than--

The first offense.................... $2,500....................... $5,000

The second offense................... $7,500....................... $10,000

The third offense.................... $25,000...................... $40,000.''.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be required to carry out this subtitle.

Subtitle B--Nondeductibility of Wages Paid to Unauthorized Aliens

SEC. 211. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED

ALIENS MAY NOT BE DEDUCTED FROM GROSS INCOME.

(a) In General.--Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph:

``(4) Wages paid to or on behalf of unauthorized aliens.--

``(A) In general.--No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

``(B) Wages.--For the purposes of this paragraph, the term

`wages' means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash.

``(C) Safe harbor.--If a person or other entity is participating in the basic pilot program described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee.''.

(b) 6-Year Limitation on Assessment and Collection.--Subsection (c) of section 6501 of such Code (relating to exceptions) is amended by adding at the end the following new paragraph:

``(11) Deduction claimed for wages paid to unauthorized aliens.--In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed.''.

(c) Use of Documentation for Enforcement Purposes.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--

(1) in subparagraph (b)(5), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after

``enforcement of this Act'';

(2) in subparagraph (d)(2)(F), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after

``enforcement of this Act''; and

(3) in subparagraph (d)(2)(G), by inserting ``section 162(c)(4) of the Internal Revenue Code of 1986 or'' after

``or enforcement of''.

(d) Availability of Information.--The Commissioner of Social Security and the Secretary of the Department of Homeland Security shall make available to the Commissioner of Internal Revenue any information related to the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986, including any no-match letter and any information in the earnings suspense file.

(e) Effective Date.--

(1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

(2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2007.

TITLE III--ENHANCING AND FULLY UTILIZING CURRENT METHODS OF INTERIOR

ENFORCEMENT

SEC. 301. INCREASE INVESTIGATIVE EFFORTS.

(a) Federal Agents.--An increase of personnel and resources will be needed to successfully enforce U.S. immigration laws and punish those who violate them. To this end, sufficient funds are authorized to be appropriated to employ 1,150 additional Immigration and Customs Enforcement Agents.

(b) Criminal Alien Program (CAP).--An additional 140 CAP officers are authorized to identify and remove criminal aliens encountered in Federal, State, and local detention facilities.

(c) State and Local Law Enforcement Support.--The Secretary of Homeland Security shall take necessary steps to allow for the training of a minimum of 250 State and local law enforcement officers in Federal immigration law enforcement procedure. This would be an expansion of an already active and successful program.

SEC. 302. INCREASED OVERSIGHT OF AGENTS.

To ensure the ability of Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) to enforce integrity and ethical behavior throughout their expanded ranks, an increase of 5 in the number of Special Agents in the Office of Professional Responsibility. SEC. 303. REWARDS PROGRAM.

(a) Rewards Program.--Section 274 (8 U.S.C. 1324) is amended by adding at the end the following:

``(e) Rewards Program.--

``(1) In general.--There is established in the Department of Homeland Security a program for the payment of rewards to carry out the purposes of this section.

``(2) Purpose.--The rewards program shall be designed to assist in the elimination of commercial operations to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully and to assist in the investigation, prosecution, or disruption of a commercial alien smuggling operation.

``(3) Administration.--The rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State.

``(4) Rewards authorized.--In the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to--

``(A) the arrest or conviction of any individual conspiring or attempting to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or to commit an act of commercial alien smuggling involving the transportation of aliens;

``(B) the arrest or conviction of any individual committing such an act;

``(C) the arrest or conviction of any individual aiding or abetting the commission of such an act;

``(D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States, or commercial alien smuggling operations, in whole or in significant part; or

``(E) the identification or location of an individual who holds a key leadership position in an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or a commercial alien smuggling operation involving the transportation of aliens.

``(5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended.

``(6) Ineligibility.--An officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing.

``(7) Protection measures.--If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that an individual who furnishes information or testimony described in paragraph (4), or any spouse, child, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection.

``(8) Limitations and certification.--

``(A) Maximum amount.--No reward under this subsection may exceed $100,000.

``(B) Approval.--Any reward under this subsection exceeding

$50,000 shall be personally approved by the Secretary of Homeland Security.

``(C) Certification for payment.--Any reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security.

``(9) Publicity.--The Department of Homeland Security shall be responsible for developing and implementing an advertising strategy to make known the rewards described within this section in order to solicit informants.''.

SEC. 304. INCREASED DETENTION FACILITIES FOR ALIENS

APPREHENDED FOR ILLEGAL ENTRY.

(a) In General.--The Secretary of Homeland Security shall make arrangements for the availability of 8,000 additional beds for detaining aliens taken into custody by immigration officials.

(b) Implementation.--Efforts shall be made to--

(1) contract private facilities whenever possible to promote efficient use and to limit the Federal Government's maintenance of and liability for additional infrastructure;

(2) utilize State and local facilities for the provision of additional beds; and

(3) utilize BRAC facilities or active duty facilities.

(c) Construction.--The Department of Homeland Security shall construct facilities as necessary to meet the remainder of the 8,000 new beds to be provided.

(d) Family Detention Facility.--To further meet the special needs of detained families, the Department of Homeland Security shall retain or construct a family detention facility, similar to the T. Don Hutto Family Residential Facility, offering no less than 500 beds.

(e) Responsibilities.--The Secretary of Homeland Security shall be responsible for providing humane conditions, health care and nutrition, psychological services, and education for minors.

(f) Authorization.--All funds necessary to accomplish the directives within this section are authorized to be appropriated.

SEC. 305. FINDINGS AND PURPOSE.

(a) Findings.--Based on the recommendations made by the 2007 Judicial Conference and the statistical data provided by the 2006 Federal Court Management Statistics (issued by the Administrative Office of the United States Courts), the Congress finds the following:

(1) Federal courts along the southwest border of the United States have a greater percentage of their criminal caseload affected by immigration cases than other Federal courts.

(2) The percentage of criminal immigration cases in most southwest border district courts totals more than 49 percent of the total criminal caseloads of those districts.

(3) The current number of judges authorized for those courts is inadequate to handle the current caseload.

(4) Such an increase in the caseload of criminal immigration filings requires a corresponding increase in the number of Federal judgeships.

(5) The 2007 Judicial Conference recommended the addition of judgeships to meet this growing burden.

(6) The Congress should authorize the additional district court judges necessary to carry out the 2007 recommendations of the Judicial Conference for district courts in which the criminal immigration filings represented more than 49 percent of all criminal filings for the 12-month period ending September 30, 2006.

(b) Purpose.--The purpose of this Act is to increase the number of Federal judgeships, in accordance with the recommendations of the 2007 Judicial Conference, in district courts that have an extraordinarily high criminal immigration caseload.

SEC. 306. ADDITIONAL DISTRICT COURT JUDGESHIPS.

(a) Permanent Judgeships.--

(1) In general.--The President shall appoint, by and with the advice and consent of the Senate--

(A) 4 additional district judges for the district of Arizona;

(B) 5 additional district judges for the southern district of California;

(D) 2 additional district judges for the southern district of Texas; and

(E) 1 additional district judge for the western district of Texas.

(2) Conforming amendments.--In order that the table contained in section 133(a) of title 28, United States Code, reflect the number of additional judges authorized under paragraph (1), such table is amended--

(A) in the item relating to Arizona, by striking ``12'' and inserting ``16'';

(B) in the item relating to California, by striking ``13'' and inserting ``18'';

(D) in the item relating to Texas--

(i) by striking ``19'' and inserting ``21''; and

(ii) by striking ``13'' and inserting ``14''.

(b) Temporary Judgeships.--

(1) In general.--The President shall appoint, by and with the advice and consent of the Senate--

(A) 1 additional district judge for the district of Arizona; and

(B) 1 additional district judge for the district of New Mexico.

(2) Vacancy not filled.--For each of the judicial districts named in this subsection, the first vacancy arising on the district court 10 years or more after a judge is first confirmed to fill the temporary district judgeship created in that district by this subsection shall not be filled.

SEC. 307. MEDIA CAMPAIGN.

(a) In General.--The Secretary of Labor and the Secretary of Homeland Security shall develop strategies to inform the public of changes in immigration policies created by provisions in this legislation.

(b) Notification of Changes to Employment Verification Process.--The Secretary of Labor shall employ, at his or her discretion, a combination of print, television, internet, and radio media to notify employers of changes to the employment verification process. These multilingual media campaigns should be targeted toward non-citizen communities and those most likely to employ non-citizens. Announcements should encourage compliance with new legislation and should explain penalties for noncompliance with provisions within this Act.

(c) Multilingual Media Campaign.--The Secretary of Homeland Security shall also develop a multilingual media campaign explaining the extent of this legislation, the timelines therein, and the penalties for noncompliance with this Act. Announcements should be targeted toward undocumented aliens and should emphasize--

(1) provisions in this Act that enhance border security and interior enforcement;

(2) the benefits of voluntary removal of undocumented aliens;

(3) punishment for apprehension and forced removal of undocumented aliens; and

(4) legal methods of reentering the United States, including temporary work visas.

(d) Cooperation With Other Governments.--The Secretary of Homeland Security shall make all reasonable attempts to cooperate with the Governments of Mexico and the countries of Central America in implementing a media campaign that raises awareness of the issues in paragraph (2).

______

SA 4794. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. USE OF FUNDS FOR CONSTRUCTION.

(a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary shall use for construction, at the alignment and elevation described in the programmatic environmental impact statement, of the project identified in the report of the Chief of Engineers for Morganza to the Gulf of Mexico, Louisiana, authorized by section 1001(24) of the Water Resources Development Act of 2007 (121 Stat. 1053) (including any modifications to that project agreed to by the Secretary and the non-Federal interest)--

(1) of the unexpended funds made available under the heading ``flood control, mississippi river and tributaries, arkansas, illinois, kentucky, louisiana, mississippi, missouri, and tennessee'', under the heading ``Corps of engineers-civil'', under the heading ``Department of the Army'' of chapter 3 of title I of division B of Public Law 109-148 (119 Stat. 2762; 120 Stat. 455), $20,000,000; and

(2) of the funds made available for non-Federal levees and associated protection measures in Terrebonne Parish under the heading ``flood control and coastal emergencies'', under the heading ``Corps of engineers-civil'', under the heading

``Department of the Army'' of chapter 3 of title II of Public Law 109-234 (120 Stat. 455), $2,000,000.

(b) Treatment of Certain Data.--The Secretary shall consider to be current any data, including previously developed environmental and economic data contained in the report and environmental impact statement described in subsection (a), collected for the project described in that subsection.

______

SA 4795. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

Strike Title VIII.

______

SA 4796. Mr. CARPER submitted an amendment intended to be proposed by him to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE ___ GI BILL FINANCING PROVISION

SEC. ___. GI BILL FINANCING PROVISION.

(a) In General.--Part I of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 1 the following new section:

``SEC. 1A. INCREASE IN TAX ON HIGH INCOME INDIVIDUALS TO

FINANCE THE GI BILL.

``(a) General Rule.--In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.47 percent of so much of modified adjusted gross income as exceeds $500,000 ($1,000,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)).

``(b) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income reduced by any deduction allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, a rule similar to the rule of section 67(e) shall apply for purposes of determining adjusted gross income for purposes of this section.

``(c) Nonresident Alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed by section 871(b) shall be taken into account under this section.

``(d) Marital Status.--For purposes of this section, marital status shall be determined under section 7703.

``(e) Not Treated as Tax Imposed by This Chapter for Certain Purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''.

(b) Clerical Amendment.--The table of sections for part I of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 1 the following new item:

``Sec. 1A. Increase in tax on high income individuals to finance the GI bill.''.

(d) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.

______

SA 4797. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

Sec. __ (a) The Secretary of the Army (referred to in this section as the ``Secretary'') shall initiate the construction of the project authorized by section 1001(24) of the Water Resources Development Act of 2007 (121 Stat. 1053), as described in the programmatic environmental impact statement of the project.

(b) To initiate the construction of the project described in subsection (a), the Secretary shall accept from the Terrebonne Levee and Conservation District, Louisiana, and the State of Louisiana (referred to in this section as the

``non-Federal interests'') advanced funding that the Secretary shall credit toward the non-Federal share of the cost of the project.

(c) The Secretary shall credit toward the non-Federal share of the cost of the project described in subsection (a) the cost of design and construction work carried out by the non-Federal interests before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.

(d) In carrying out subsection (a), the Secretary shall consider current any data collected for the project described in that subsection.

______

SA 4798. Mr. REID (for Mr. Schumer (for himself and Mr. McCain)) proposed an amendment to the bill S. 431, to require convicted sex offenders to register online identifiers, and for other purposes; as follows:

On page 2, line 3, strike ``2007'' and insert ``2008''.

On page 2, line 4, strike ``2007'' and insert ``2008''.

On page 2, lines 18 and 19, strike ``, instant message address,''.

On page 2, line 20, strike ``an''.

On page 2, strike line 22, and all that follows through page 3, line 5, and insert the following:

(b) Updating of Information.--Section 113(c) of the Sex Offender Registration and Notification Act (42 U.S.C. 16913(c)) is amended by adding at the end the following:

``The Attorney General shall have the authority to specify the time and manner for reporting of other changes in registration information, including any addition or change of an electronic mail address or other designation used for self-identification or routing in Internet communication or posting.''.

On page 3, strike line 12 and all that follows through page 4, line 3, and insert the following:

``(d) Knowing Failure to Register Online Identifiers.--Whoever--

``(1) is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.); and

``(2) uses an email address or any other designation used for self-identification or routing in Internet communication or posting which the individual knowingly failed to provide for inclusion in a sex offender registry as required under that Act;

shall be fined under this title or imprisoned not more than 10 years, or both.''.

On page 4, strike lines 11 through 13, and insert the following:

SEC. 3. CHECKING OF ONLINE IDENTIFIERS AGAINST SEX OFFENDER

REGISTRATION INFORMATION.

On page 4, line 23 strike ``, instant'' and all that follows through ``offender'' on line 25, and insert ``or designation used for self-identification or routing in Internet communication or posting''.

On page 5, strike line 1 and all that follows through page 9, line 6, and insert the following:

(b) Online Identifier Checking System for Social Networking Websites.--Section 121 of the Sex Offender Registration and Notification Act (42 U.S.C. 16921) is amended by adding at the end the following:

``(d) Checking System for Social Networking Websites.--

``(1) In general.--The Attorney General shall maintain a system available to social networking websites that permits the automated comparison of lists or databases of the electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting of the registered users of such websites, to the corresponding information contained in or derived from sex offender registries.

``(2) Qualification for use of system.--A social networking website seeking to use the system established under paragraph

(1) shall submit an application to the Attorney General which provides--

``(A) the name and legal status of the website;

``(B) the contact information for the website;

``(C) a description of the nature and operations of the website;

``(D) a statement explaining why the website seeks to use the system; and

``(E) such other information or attestations as the Attorney General may require to ensure that the website will use the system--

``(i) to protect the safety of the users of such website; and

``(ii) not for any unlawful or improper purpose.

``(3) Searches against the system.--

``(A) In general.--A social networking website approved to use the system established under paragraph (1) shall--

``(i) submit the information to be compared in a form satisfying the technical requirements for searches against the system; and

``(ii) pay any fee established by the Attorney General for use of the system.

``(B) Frequency of use of the system.--A social networking website approved by the Attorney General to use the system established under paragraph (1) may conduct searches under the system as frequently as the Attorney General may allow.

``(C) Authority of ag to suspend use.--The Attorney General may deny, suspend, or terminate use of the system by a social networking website that--

``(i) provides false information in its application for use of the system; or

``(ii) may be using or seeks to use the system for any unlawful or improper purpose.

``(4) Limitation on release of internet identifiers.--

``(A) No public release.--Neither the Attorney General nor a social networking website approved to use the system established under paragraph (1) may release to the public any list of the e-mail addresses or other designations used for self-identification or routing in Internet communication or posting of sex offenders contained in the system.

``(B) Additional limitations.--The Attorney General shall limit the release of information obtained through the use of the system established under paragraph (1) by social networking websites approved to use such system.

``(C) Strict adherence to limitation.--The use of the system established under paragraph (1) by a social networking website shall be conditioned on the website's agreement to observe the limitations required under this paragraph.

``(D) Rule of construction.--This subsection shall not be construed to limit the authority of the Attorney General under any other provision of law to conduct or to allow searches or checks against sex offender registration information.''.

On page 9, line 9, strike ``commercial''.

On page 9, line 10, insert ``parent,''after ``employee,''.

On page 9, line 11, strike ``commercial''.

On page 9, line 17, strike ``commercial''.

On page 9, line 19, strike ``commercial''.

On page 10, line 10, strike ``commercial''.

On page 10, line 16, strike ``commercial''.

On page 10, lines 19 and 20, strike ``, instant message addresses,''.

On page 10, lines 20 and 21, strike ``and other similar Internet identifiers of'' and insert ``and other designations used for self-identification or routing in Internet communication or posting by''.

On page 10, line 25, strike ``commercial''.

On page 11, lines 2 and 3, strike ``, instant message addresses,''.

On page 11, lines 3 and 4, strike ``and other similar Internet identifiers of'' and insert ``and other designations used for self-identification or routing in Internet communication or posting by''.

On page 11, line 21, strike ``commercial''.

On page 11, line 22, strike ``a commercially operated'' and insert ``an''.

On page 12, line 8, strike ``, such as a forum'' and all that follows through ``messenger'' on line 9.

On page 12, strike lines 15 through 19.

On page 12, line 20, strike ``(17)'' and insert ``(16)''.

On page 12, line 23, strike ``(18)'' and insert ``(17)''.

On page 13, strike line 3 and all that follows through the first period on line 6.

On page 13, strike line 10 and all that follows through page 14, line 13, and insert the following:

Section 2422 of title 18, United States Code, is amended by adding at the end the following:

``(c) Misrepresentation of Age.--Whoever knowingly misrepresents his or her age using the Internet or any other facility or means of interstate or foreign commerce or the mail, with the intent to further or facilitate a violation of this section, shall be fined under this title and imprisoned not more than 20 years. A sentence imposed under this subsection shall be in addition and consecutive to any sentence imposed for the offense the age misrepresentation was intended to further or facilitate.''.

On page 14, line 15, strike ``WATCH'' and insert ``VIEW''.

On page 15, line 21, strike ``and''.

On page 15, between lines 21 and 22, insert the following:

(C) in subsection (c), by striking ``computer'' each place that term appears and inserting ``using any means or facility of interstate or foreign commerce''; and

On page 15, line 22, strike ``(C)'' and insert ``(D)''.

On page 16, line 15, strike ``and''.

On page 16, between lines 15 and 16, insert the following:

(i) by inserting ``using any means or facility of interstate or foreign commerce'' after ``so shipped or transported''; and

(ii) by striking ``by any means,''; and

On page 16, line 16, strike ``(C)'' and insert ``(D)''.

On page 16, between lines 23 and 24, insert the following:

(B) in paragraph (2), by inserting ``using any means or facility of interstate or foreign commerce'' after ``mailed, or'' each place it appears;

On page 16, line 24, strike ``(B)'' and insert ``(C)''.

On page 17, line 3, strike ``(C)'' and insert ``(D)''.

On page 17, line 7, strike ``(D)'' and insert ``(E)''.

______

SA 4799. Ms. LANDRIEU submitted an amendment intended to be proposed to amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 101, line 16, strike ``$73,000,000'' and insert

``$70,000,000''.

On page 101, line 23, strike ``, and not'' and all that follows through ``designees:'' on page 102, line 1, and insert a colon.

On page 103, line 1, strike ``$3,000,000'' and insert

``$6,000,000''.

______

SA 4800. Mr. WARNER (for himself, Mr. Webb, Mr. Hagel, Mr. Levin, and Mr. Akaka) submitted an amendment intended to be proposed by him to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PILOT PROGRAM ON TRANSFERABILITY OF POST-9/11

VETERANS EDUCATIONAL ASSISTANCE BY CERTAIN

MEMBERS OF THE ARMED FORCES.

(a) Pilot Program Required.--The Secretary of Defense may carry out a pilot program to assess the feasability and advisability, for purposes of enhancing the recruitment and retention of members of the Armed Forces, of authorizing the Secretaries of the military departments to permit an individual described in subsection (c) who is entitled to educational assistance under chapter 33 of title 38, United States Code (as added by section ___ of this Act), to elect to transfer to one or more of the dependents specified in subsection (d) a portion of such individual's entitlement to such assistance, subject to the limitation in subsection (e).

(b) Duration of Pilot Program.--An individual may not be approved to transfer educational assistance under the pilot program under this section after the end of the two-year period beginning on the date of the commencement of the pilot program.

(c) Eligible Individuals.--An individual described in this subsection is a member of the Armed Forces who, at the time of the approval by the Secretary of the military department concerned of the individual's request to transfer entitlement to educational assistance under the pilot program under this section--

(1) has completed at least four years of service in the Armed Forces;

(2) meets such other requirements as the Secretary of Defense may prescribe for purposes of this section; and

(3) enters into an agreement to serve at least six more years as a member of the Armed Forces.

(d) Eligible Dependents.--An individual approved to transfer an entitlement to educational assistance under the pilot program under this section may transfer the individual's entitlement as follows:

(1) To the individual's spouse.

(2) To one or more of the individual's children.

(3) To a combination of the individuals referred to in paragraphs (1) and (2).

(e) Limitation on Months of Transfer.--

(1) In general.--Except as provided in paragraph (2), the total number of months of entitlement transferrable by an individual under the pilot program under this section may not exceed 18 months.

(2) Additional months transferrable after certain service.--The total number of months of entitlement transferrable under the pilot program by an individual who serves at least 10 years of service in the Armed Forces may not exceed 36 months.

(f) Designation of Transferee.--An individual transferring entitlement to educational assistance under the pilot program 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).

(g) Time for Transfer; Revocation and Modification.--

(1) Time for transfer.--Subject to the time limitation for use of entitlement under section 3321 of title 38, United State Code (as so added), an individual approved to transfer entitlement to educational assistance under the pilot program under this section may transfer such entitlement at any time after the approval of the individual's request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed or the authority for approvals of transfers of entitlement has ceased under subsection (b).

(2) Modification or revocation.--

(A) In general.--An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred.

(B) Notice.--The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary of the military department concerned and the Secretary of Veterans Affairs.

(3) Prohibition on treatment of transferred entitlement as marital property.--Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.

(h) Commencement of Use.--A dependent to whom entitlement to educational assistance is transferred under the pilot program under this section may not commence the use of the transferred entitlement until--

(1) in the case of entitlement transferred to either a spouse or a child, the completion by the individual making the transfer of four years of service in the Armed Forces; and

(2) in the case of entitlement transferred to a child--

(A) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or

(B) the attainment by the child of 18 years of age.

(i) Additional Administrative Matters.--

(1) Nature of transferred entitlement.--Except as provided under subsection (f)(2) and subject to the provisions of this subsection, a dependent to whom entitlement is transferred under the pilot program this section is entitled to educational assistance under chapter 33 of title 38, United States Code (as so added), in the same manner as the individual from whom the entitlement was transferred.

(2) Rate of payment.--Educational assistance payable to a dependent to whom entitlement is transferred under this section shall be payable at the same rate as such entitlement would otherwise be payable under chapter 33 of title 38, United States Code (as so added), to the individual making the transfer.

(3) Use.--The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs for purposes of this section) by the dependent concerned.

(4) Death of transferror.--The death of an individual transferring entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.

(5) Limitation on age of use by child transferees.--A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years.

(6) Scope of use by transferees.--The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).

(7) Additional administrative provisions.--The administrative provisions of chapter 33 of title 38, United States Code (as so added), shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provisions.

(j) Overpayment.--

(1) Joint and several liability.--In the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under the pilot program under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38, United States Code.

(2) Failure to complete service agreement.--

(A) In general.--Except as provided in subparagraph (B), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (c)(3) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance under paragraph (1).

(B) Exception.--Subparagraph (A) shall not apply in the case of an individual who fails to complete service agreed to by the individual--

(i) by reason of the death of the individual; or

(ii) for a reason referred to in section 3311(c)(4) of this title (as so added).

(k) Regulations.--The Secretary of Veterans Affairs shall prescribe regulations for purposes of the pilot program under this section. Such regulations shall specify the following:

(1) The manner and effect of an election to modify or revoke a transfer of entitlement under subsection (g)(2).

(2) The manner of determining the rates of educational assistance payable to dependents for purposes of subsection

(i)(2) and of determining the charge against entitlement of transferring individuals for educational assistance utilized by dependents for purposes of subsection (i)(3).

(3) The manner of the applicability of the administrative provisions referred to in subsection (i)(7) to a dependent to whom entitlement is transferred under this section.

(l) Report.--

(1) In general.--Not later than 180 days after the cessation under subsection (b)(2) of approvals for transfer of entitlement under the pilot program under this section, the Secretary of Defense shall submit to Congress a report on the pilot program.

(2) Elements.--The report required by paragraph (1) shall include the following:

(A) A description of the use of the authorities under the pilot program by the Secretaries of the military departments.

(B) An assessment of the utility of the authorities under the pilot program in enhancing recruitment and retention of members of the Armed Forces.

(C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program.

(m) Secretary of a Military Department Defined.--In this section, the term ``Secretary of a military department'', with respect to the Coast Guard, means the Secretary of Defense or the Secretary of Homeland Security when the Coast Guard is not operating as a service in the Navy.

______

SA 4801. Mr. ALLARD submitted an amendment intended to be proposed to amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in the bill (amendment #4789) include the following:

``Sec.__. Section 433 of Division F of P.L. 110-161 is hereby repealed. Notwithstanding the Energy Policy Act of 2005 (Public Law 109-58), the Secretary of the Interior shall not issue any final regulations pursuant to subsection 369(d) of such Act sooner than 90 days after publication of proposed regulations pursuant to such subsection and shall not conduct a competitive oil shale lease sale pursuant to subsection 369(e) of such Act prior to December 31, 2011.''

______

SA 4802. Mr. ALLARD submitted an amendment intended to be proposed to amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in the bill (amendment #4789) insert the following:

``Sec.__. Funds provided in this Act for the Department of the Interior shall be used to prepare and publish final regulations regarding a commercial leasing program for oil shale resources on public lands pursuant to subsection 369(d) of the Energy Policy Act of 2005 (Public Law 109-58).''

______

SA 4803. Mr. REID proposed an amendment to the House amendment numbered 2 to the amendment of the Senate to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; as follows:

In lieu of the language proposed to be inserted, insert the following:

TITLE I

OTHER SECURITY, MILITARY CONSTRUCTION, AND INTERNATIONAL MATTERS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

PUBLIC LAW 480 TITLE II GRANTS

For an additional amount for ``Public Law 480 Title II Grants'', $850,000,000, to remain available until expended.

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

CHAPTER 2

DEPARTMENT OF JUSTICE

General Administration

OFFICE OF INSPECTOR GENERAL

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

Legal Activities

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

United States Marshals Service

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',

$18,621,000, to remain available until September 30, 2009.

Federal Bureau of Investigation

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',

$164,965,000, to remain available until September 30, 2009.

For an additional amount for ``Salaries and Expenses'',

$82,600,000 to become available on October 1, 2008 and to remain available until September 30, 2009.

Drug Enforcement Administration

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',

$22,666,000, to remain available until September 30, 2009.

Bureau of Alcohol, Tobacco, Firearms and Explosives

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',

$4,000,000, to remain available until September 30, 2009.

Federal Prison System

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',

$9,100,000, to remain available until September 30, 2009.

CHAPTER 3

MILITARY CONSTRUCTION

Military Construction, Army

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

Military Construction, Navy and Marine Corps

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

Military Construction, Air Force

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

Military Construction, Defense-Wide

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

Family Housing Construction, Navy and Marine Corps

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

Department of Defense Base Closure Account 2005

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

DEPARTMENT OF VETERANS AFFAIRS

Departmental Administration

GENERAL OPERATING EXPENSES

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

INFORMATION TECHNOLOGY SYSTEMS

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

CONSTRUCTION, MAJOR PROJECTS

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

GENERAL PROVISIONS--THIS CHAPTER

Sec. 1301. In addition to amounts otherwise appropriated or made available under the heading ``Military Construction, Army'', there is hereby appropriated an additional

$70,600,000, to remain available until September 30, 2012, for the acceleration and completion of child development center construction as proposed in the fiscal year 2009 budget request for the Department of the Army: Provided, That such funds may be obligated and expended to carry out planning and design and military construction not otherwise authorized by law.

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

Sec. 1303. In addition to amounts otherwise appropriated or made available under the heading ``Military Construction, Air Force'', there is hereby appropriated an additional

$8,100,000, to remain available until September 30, 2012, for the acceleration and completion of child development center construction as proposed in the fiscal year 2009 budget request for the Department of the Air Force: Provided, That such funds may be obligated and expended to carry out planning and design and military construction not otherwise authorized by law.

Sec. 1304. In addition to amounts otherwise appropriated or made available under the heading ``Military Construction, Army'', there is hereby appropriated an additional

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

Sec. 1305. Collection of Certain Indebtedness of Members of the Armed Forces and Veterans Who Die of Injury Incurred or Aggravated in Service in the Line of Duty in a Combat Zone.

(a) Limitation on Authority.--

(1) In general.--Chapter 53 of title 38, United States Code, is amended by inserting after section 5302 the following new section:

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

``(a) Limitation on Authority.--The Secretary may not collect all or any part of an amount owed to the United States by a member of the Armed Forces or veteran described in subsection (b) under any program under the laws administered by the Secretary, other than a program referred to in subsection (c), if the Secretary determines that termination of collection is in the best interest of the United States.

``(b) Covered Individuals.--A member of the Armed Forces or veteran described in this subsection is any member or veteran who dies as a result of an injury incurred or aggravated in the line of duty while serving in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) in a war or in combat against a hostile force during a period of hostilities (as that term is defined in section 1712A(a)(2)(B) of this title) after September 11, 2001.

``(c) Inapplicability to Housing and Small Business Benefit Programs.--The limitation on authority in subsection (a) shall not apply to any amounts owed the United States under any program carried out under chapter 37 of this title.''.

(2) Clerical amendment.--The table of sections at the beginning of chapter 53 of such title is amended by inserting after the item relating to section 5302 the following new item:

``5302A. Collection of indebtedness: certain debts of members of the

Armed Forces and veterans who die of injury incurred or aggravated in the line of duty in a combat zone.''.

(b) Equitable Refund.--In any case where all or any part of an indebtedness of a covered individual, as described in section 5302A(a) of title 38, United States Code, as added by subsection (a)(1), was collected after September 11, 2001, and before the date of the enactment of this Act, and the Secretary of Veterans Affairs determines that such indebtedness would have been terminated had such section been in effect at such time, the Secretary may refund the amount so collected if the Secretary determines that the individual is equitably entitled to such refund.

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

(d) Short Title.--This section may be cited as the ``Combat Veterans Debt Elimination Act of 2008''.

CHAPTER 4

Subchapter A--Supplemental Appropriations for Fiscal Year 2008

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

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

Office Of Inspector General

(Including Transfer of Funds)

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

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

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

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

International Organizations

Contributions to International Organizations

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

Contributions for International Peacekeeping Activities

For an additional amount for ``Contributions for International Peacekeeping Activities'', $383,600,000, to remain available until September 30, 2009, of which

$333,600,000 shall be made available for the United Nations-African Union Hybrid Mission in Darfur.

RELATED AGENCY

Broadcasting Board of Governors

international broadcasting operations

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

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

International Disaster Assistance

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

Operating Expenses of the United States Agency for International

Development

For an additional amount for ``Operating Expenses of the United States Agency for International Development'',

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

Operating Expenses of the United States Agency for International

Development

OFFICE OF INSPECTOR GENERAL

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

Other Bilateral Economic Assistance

Economic Support Fund

For an additional amount for ``Economic Support Fund'',

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

Department of State

Democracy Fund

For an additional amount for ``Democracy Fund'',

$76,000,000, to remain available until September 30, 2009, of which $75,000,000 shall be for democracy programs in Iraq and

$1,000,000 shall be for democracy programs in Chad.

International Narcotics Control and Law Enforcement

For an additional amount for ``International Narcotics Control and Law Enforcement'', $520,000,000, to remain available until September 30, 2009, of which not more than

$25,000,000 shall be made available for security assistance for the West Bank: Provided, That of the funds appropriated under this heading, $1,000,000 shall be made available for the Office of the United Nations High Commissioner for Human Rights in Mexico.

Migration and Refugee Assistance

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

United States Emergency Refugee and Migration Assistance Fund

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

Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

MILITARY ASSISTANCE

Funds Appropriated to the President

Peacekeeping Operations

For an additional amount for ``Peacekeeping Operations'',

$10,000,000, to remain available until September 30, 2009.

Subchapter B--Bridge Fund Appropriations for Fiscal Year 2009

DEPARTMENT OF STATE

Administration of Foreign Affairs

Diplomatic and Consular Programs

For an additional amount for ``Diplomatic and Consular Programs'', $652,400,000, which shall become available on October 1, 2008 and remain available through September 30, 2009: Provided, That of the funds appropriated under this heading, $78,400,000 is for worldwide security protection and shall remain available until expended: Provided further, That not more than $500,000,000 of the funds appropriated under this heading shall be available for diplomatic operations in Iraq.

Office of Inspector General

(including transfer of funds)

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

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ``Embassy Security, Construction, and Maintenance'', $41,300,000, which shall become available on October 1, 2008 and remain available until expended, for facilities in Afghanistan.

International Organizations

Contributions to International Organizations

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

Contributions for International Peacekeeping Activities

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

RELATED AGENCY

Broadcasting Board of Governors

INTERNATIONAL BROADCASTING OPERATIONS

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

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

Global Health and Child Survival

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

Development Assistance

For an additional amount for ``Development Assistance'',

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

International Disaster Assistance

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

Operating Expenses of the United States Agency for International

Development

For an additional amount for ``Operating Expenses of the United States Agency for International Development'',

$93,000,000, which shall become available on October 1, 2008 and remain available through September 30, 2009.

Operating Expenses of the United States Agency for International

Development

OFFICE OF INSPECTOR GENERAL

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

Other Bilateral Economic Assistance

Economic Support Fund

For an additional amount for ``Economic Support Fund'',

$1,132,300,000, which shall become available on October 1, 2008 and remain available through September 30, 2009, of which not more than $110,000,000 may be made available for assistance for Iraq, $100,000,000 shall be made available for assistance for Jordan, not more than $455,000,000 may be made available for assistance for Afghanistan, not more than

$150,000,000 may be made available for assistance for Pakistan, not more than $150,000,000 shall be made available for assistance for the West Bank, and $15,000,000 may be made available for energy-related assistance for North Korea, notwithstanding any other provision of law.

Department of State

International Narcotics Control and Law Enforcement

For an additional amount for ``International Narcotics Control and Law Enforcement'', $151,000,000, which shall become available on October 1, 2008 and remain available through September 30, 2009, of which not more than

$50,000,000 shall be made available for security assistance for the West Bank.

Migration and Refugee Assistance

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

Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

MILITARY ASSISTANCE

Funds Appropriated to the President

Foreign Military Financing Program

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

Peacekeeping Operations

For an additional amount for ``Peacekeeping Operations'',

$85,000,000, which shall become available on October 1, 2008 and remain available through September 30, 2009.

Subchapter C--General Provisions--This Chapter

Extension of Authorities

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

IRAQ

Sec. 1402. (a) Asset Transfer Agreement.--

(1) None of the funds appropriated by this chapter for infrastructure maintenance activities in Iraq may be made available until the Secretary of State certifies and reports to the Committees on Appropriations that the Governments of the United States and Iraq have entered into, and are implementing, an asset transfer agreement that includes commitments by the Government of Iraq to maintain United States-funded infrastructure in Iraq.

(2) None of the funds appropriated by this chapter may be made available for the construction of prison facilities in Iraq.

(b) Anti-corruption.--None of the funds appropriated by this chapter for rule of law programs in Iraq may be made available for assistance for the Government of Iraq until the Secretary of State certifies and reports to the Committees on Appropriations that a comprehensive anti-corruption strategy has been developed, and is being implemented, by the Government of Iraq, and the Secretary of State submits a list, in classified form if necessary, to the Committees on Appropriations of senior Iraqi officials who the Secretary has credible evidence to believe have committed corrupt acts.

(c) Provincial Reconstruction Teams.--None of the funds appropriated by this chapter for the operational or program expenses of Provincial Reconstruction Teams (PRTs) in Iraq may be made available until the Secretary of State submits a report to the Committees on Appropriations detailing--

(1) the strategy for the eventual winding down and close out of PRTs;

(2) anticipated costs associated with PRT operations, programs, and eventual winding down and close out, including security for PRT personnel and anticipated Government of Iraq contributions; and

(3) anticipated placement and cost estimates of future United States Consulates in Iraq.

(d) Community Stabilization Program.--None of the funds appropriated by this chapter for the Community Stabilization Program in Iraq may be made available until the Secretary of State certifies and reports to the Committees on Appropriations that the United States Agency for International Development is implementing recommendations contained in Office of Inspector General Audit Report No. E-267-08-001-P to ensure accountability of funds.

(e) Matching Requirement.--

(1) Notwithstanding any other provision of law, funds appropriated by this chapter for assistance for Iraq shall be made available only to the extent that the Government of Iraq matches such assistance on a dollar-for-dollar basis.

(2) Subsection (e)(1) shall not apply to funds made available for--

(A) grants and cooperative agreements for programs to promote democracy and human rights;

(B) the Community Action Program and other assistance through civil society organizations;

(D) assistance for refugees, internally displaced persons, and civilian victims of the military operations.

(3) The Secretary of State shall certify to the Committees on Appropriations prior to the initial obligation of funds pursuant to this section that the Government of Iraq has committed to obligate matching funds on a dollar-for-dollar basis. The Secretary shall submit a report to the Committees on Appropriations not later than September 30, 2008 and 180 days thereafter, detailing the amounts of funds obligated and expended by the Government of Iraq to meet the requirements of this section.

(4) Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amounts provided by the Government of Iraq since June 30, 2004, to assist Iraqi refugees in Syria, Jordan, and elsewhere, and the amount of such assistance the Government of Iraq plans to provide in fiscal year 2008. The Secretary shall work expeditiously with the Government of Iraq to establish an account within its annual budget sufficient to, at a minimum, match United States contributions on a dollar-for-dollar basis to organizations and programs for the purpose of assisting Iraqi refugees.

(f) Vetting.--Prior to the initial obligation of funds appropriated for assistance for Iraq in this chapter, the Secretary of State shall, in consultation with the heads of other Federal departments and agencies, take appropriate steps to ensure that such funds are not provided to or through any individual, private entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, or engages in, terrorist activities.

(g) Iraq Relief and Reconstruction Fund.--

(1) Notwithstanding any other provision of law, the expired balances of funds appropriated or otherwise made available under the heading ``Iraq Relief and Reconstruction Fund'' in prior Acts making appropriations for foreign operations, export financing, and related programs shall be rescinded.

(2) None of the funds made available under the heading

``Iraq Relief and Reconstruction Fund'' in prior Acts making appropriations for foreign operations, export financing, and related programs may be reprogrammed for any purpose other than that previously notified to the Committees on Appropriations prior to April 30, 2008, and none of such funds may be made available to initiate any new projects or activities.

(3) Not later than 30 days after enactment of this Act, the Secretary of State shall report to the Committees on Appropriations on the balances of obligated funds referenced in subsection (g)(1), and estimates of the amount of funds required to close out ongoing projects or for outstanding claims.

AFGHANISTAN

Sec. 1403. (a) Assistance for Women and Girls.--Funds appropriated by this chapter under the heading ``Economic Support Fund'' that are available for assistance for Afghanistan shall be made available, to the maximum extent practicable, through local Afghan provincial and municipal governments and Afghan civil society organizations and in a manner that emphasizes the participation of Afghan women and directly improves the economic, social and political status of Afghan women and girls.

(b) Higher Education.--Of the funds appropriated by this chapter under the heading ``Economic Support Fund'' that are made available for education programs in Afghanistan, not less than 50 percent shall be made available to support higher education and vocational training programs in law, accounting, engineering, public administration, and other disciplines necessary to rebuild the country, in which the participation of women is emphasized.

(c) Civilian Assistance.--Of the funds appropriated by this chapter under the heading ``Economic Support Fund'' that are available for assistance for Afghanistan, not less than

$10,000,000 shall be made available for continued support of the United States Agency for International Development's Afghan Civilian Assistance Program, and not less than

$2,000,000 shall be made available for a United States contribution to the North Atlantic Treaty Organization/International Security Assistance Force Post-Operations Humanitarian Relief Fund.

(d) Anti-corruption.--Not later than 90 days after the enactment of this Act, the Secretary of State shall--

(1) submit a report to the Committees on Appropriations on actions being taken by the Government of Afghanistan to combat corruption within the national and provincial governments, including to remove and prosecute officials who have committed corrupt acts;

(2) submit a list to the Committees on Appropriations, in classified form if necessary, of senior Afghan officials who the Secretary has credible evidence to believe have committed corrupt acts; and

(3) certify and report to the Committees on Appropriations that effective mechanisms are in place to ensure that assistance to national government ministries and provincial governments will be properly accounted for.

Waiver of Certain Sanctions Against North Korea

Sec. 1404. (a) Annual Waiver Authority.--

(1) In general.--Except as provided in subsection (b), the President may waive in whole or in part, with respect to North Korea, the application of any sanction under section 102(b) of the Arms Export Control Act (22 U.S.C. 2799aa-1(b)), for the purpose of--

(A) assisting in the implementation and verification of the compliance by North Korea with its commitment, undertaken in the Joint Statement of September 19, 2005, to abandon all nuclear weapons and existing nuclear programs as part of the verifiable denuclearization of the Korean Peninsula; and

(B) promoting the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction and their delivery systems.

(2) Duration of waiver.--Any waiver issued under this subsection shall expire at the end of the calendar year in which it is issued.

(b) Exceptions.--

(1) Limited exception related to certain sanctions and prohibitions.--The authority under subsection (a) shall not apply with respect to a sanction or prohibition under subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export Control Act, unless the President determines and certifies to the appropriate congressional committees that--

(A) all reasonable steps will be taken to assure that the articles or services exported or otherwise provided will not be used to improve the military capabilities of the armed forces of North Korea; and

(B) such waiver is in the national security interests of the United States.

(2) Limited exception related to certain activities.--Unless the President determines and certifies to the appropriate congressional committees that using the authority under subsection (a) is vital to the national security interests of the United States, such authority shall not apply with respect to--

(A) an activity described in subparagraph (A) of section 102(b)(1) of the Arms Export Control Act that occurs after September 19, 2005, and before the date of the enactment of this Act;

(B) an activity described in subparagraph (C) of such section that occurs after September 19, 2005; or

(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.

(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;

(D) lists and describes the progress and shortcomings, in the preceding year, of all other programs promoting the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction or their delivery systems.

(d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means--

(1) the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and

(2) the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives.

MEXICO

Sec. 1405. (a) Assistance for Mexico.--Of the funds appropriated in subchapter A under the heading

``International Narcotics Control and Law Enforcement'', not more than $350,000,000 may be made available for assistance for Mexico, only to combat drug trafficking and related violence and organized crime, and for judicial reform, anti-corruption, and rule of law activities: Provided, That none of the funds made available under this section shall be made available for budget support or as cash payments: Provided further, That none of the funds made available under this section shall be available for obligation until the Secretary of State determines and reports to the Committees on Appropriations that vetting procedures are in place to ensure that members and units of the Mexican military and police forces that receive assistance pursuant to this section have not been involved in human rights violations or corrupt acts.

(b) Allocation of Funds.--Twenty-five percent of the funds made available by subchapter A for assistance for Mexico under the heading ``International Narcotics Control and Law Enforcement'' may be obligated only after the Secretary of State determines and reports to the Committees on Appropriations that:

(1) The Government of Mexico is--

(A) strengthening the legal authority and independence of the National Human Rights Commission;

(B) establishing police complaints commissions with authority and independence to receive complaints and carry out effective investigations;

(C) establishing an independent mechanism, with representation from civil society, to monitor programs to combat drug trafficking and related violence and organized crime, judicial reform, anti-corruption, and rule of law activities to ensure due process and the protection of freedoms of expression, association, and assembly, and rights of privacy, in accordance with Mexican and international law;

(D) is enforcing the prohibition on the use of testimony obtained through torture or other ill-treatment in violation of Mexican and international law;

(E) is ensuring that the Mexican military justice system is transferring all cases involving allegations of human rights violations by military personnel to civilian prosecutors and judicial authorities, and that the armed forces are fully cooperating with civilian prosecutors and judicial authorities in prosecuting and punishing in civilian courts members of the armed forces who have been credibly alleged to have committed such violations; and

(F) is ensuring that federal and state police forces are fully cooperating with prosecutors and judicial authorities in prosecuting and punishing members of the police forces who have been credibly alleged to have committed violations of human rights.

(2) Civilian prosecutors and judicial authorities are investigating, prosecuting and punishing members of the Mexican military and police forces who have been credibly alleged to have committed human rights violations.

(c) Exception.--Notwithstanding subsection (b), of the funds made available for assistance for Mexico pursuant to this section, $3,000,000 shall be made available for technical and other assistance to enable the Government of Mexico to implement a unified national registry of federal, state, and municipal police officers, and $5,000,000 should be made available to the Bureau of Alcohol, Tobacco, Firearms and Explosives to deploy special agents in Mexico to support Mexican law enforcement agencies in tracing seized firearms and investigating firearms trafficking cases.

(d) Report.--The report required in subsection (b) shall include a description of actions taken with respect to each requirement specified in subsection (b) and the cases or issues brought to the attention of the Secretary of State for which the response or action taken has been inadequate.

(e) Notification.--Funds made available for Mexico in subchapter A shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).

(f) Spending Plan.--Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan for funds appropriated or otherwise made available for Mexico in subchapter A, which shall include a strategy for combating drug trafficking and related violence and organized crime, judicial reform, preventing corruption, and strengthening the rule of law, with concrete goals, actions to be taken, budget proposals, and anticipated results.

(g) Consultation.--Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter until September 30, 2010, the Secretary of State shall consult with Mexican and internationally recognized human rights organizations on progress in meeting the requirements described in subsection (b).

CENTRAL AMERICA

Sec. 1406. (a) Assistance for the Countries of Central America.--Of the funds appropriated in subchapter A under the headings ``International Narcotics Control and Law Enforcement'' and ``Economic Support Fund'', not more than

$100,000,000 may be made available for assistance for the countries of Central America, Haiti, and the Dominican Republic only to combat drug trafficking and related violence and organized crime, and for judicial reform, anti-corruption, and rule of law activities: Provided, That of the funds appropriated under the heading ``Economic Support Fund'', $40,000,000 shall be made available through the United States Agency for International Development for an Economic and Social Development Fund for Central America: Provided further, That of the funds made available pursuant to this section, $5,000,000 shall be made available for assistance for Haiti and $5,000,000 shall be made available for assistance for the Dominican Republic: Provided further, That of the funds made available pursuant to this section that are available for assistance for Guatemala, not less than $1,000,000 shall be made available for a United States contribution to the International Commission Against Impunity in Guatemala: Provided further, That none of the funds shall be made available for budget support or as cash payments: Provided further, That, with the exception of the first and third provisos in this section, none of the funds shall be available for obligation until the Secretary of State determines and reports to the Committees on Appropriations that vetting procedures are in place to ensure that members and units of the military and police forces of the countries of Central America, Haiti and the Dominican Republic that receive assistance pursuant to this section have not been involved in human rights violations or corrupt acts.

(b) Allocation of Funds.--Twenty-five percent of the funds made available by subchapter A for assistance for the countries of Central America, Haiti and the Dominican Republic under the heading ``International Narcotics Control and Law Enforcement'' may be obligated only after the Secretary of State determines and reports to the Committees on Appropriations that the government of such country is--

(1) establishing a police complaints commission with authority and independence to receive complaints and carry out effective investigations;

(2) implementing reforms to improve the capacity and ensure the independence of the judiciary; and

(3) suspending, prosecuting and punishing members of the military and police forces who have been credibly alleged to have committed violations of human rights and corrupt acts.

(c) Report.--The report required in subsection (b) shall include actions taken with respect to each requirement and the cases or issues brought to the attention of the Secretary for which the response or action taken has been inadequate.

(d) Notification.--Funds made available for assistance for the countries of Central America, Haiti and the Dominican Republic in subchapter A shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).

(e) Spending Plan.--Not later than 45 days after enactment of this Act the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan for funds appropriated or otherwise made available for the countries of Central America, Haiti and the Dominican Republic in subchapter A, which shall include a strategy for combating drug trafficking and related violence and organized crime, judicial reform, preventing corruption, and strengthening the rule of law, with concrete goals, actions to be taken, budget proposals and anticipated results.

(f) Consultation.--Not later than 90 days after the date of enactment of this Act and every 120 days thereafter until September 30, 2010, the Secretary of State shall consult with internationally recognized human rights organizations, and human rights organizations in the countries of Central America, Haiti and the Dominican Republic receiving assistance pursuant to this section, on progress in meeting the requirements described in subsection (b).

(g) Definition.--For the purposes of this section, the term

``countries of Central America'' means Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama.

TECHNICAL PROVISIONS

Sec. 1407. (a) Administrative Expenses.--Of the funds appropriated or otherwise made available under the heading

``Economic Support Fund'' by title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161), up to $7,800,000 may be made available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development for alternative development programs in the Andean region of South America. These funds may be used to reimburse funds appropriated under the heading

``Operating Expenses of the United States Agency for International Development'' for obligations incurred for the purposes provided under this section prior to enactment of this Act.

(b) Authority.--Funds appropriated or otherwise made available by title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008

(division J of Public Law 110-161) under the heading

``Economic Support Fund'' that are available for a competitively awarded grant for nuclear security initiatives relating to North Korea shall be made available notwithstanding any other provision of law.

(c) Extension of Authority.--Not more than $1,350,000 of the funds appropriated or otherwise made available under the heading ``Foreign Military Financing Program'' by the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161) that were previously transferred to and merged with

``Diplomatic and Consular Programs'' may be made available for any purposes authorized for that account, of which up to

$500,000 shall be made available to increase the capacity of the United States Embassy in Mexico City to vet members and units of Mexican military and police forces that receive assistance made available by this Act and to monitor the uses of such assistance.

(d) Reimbursements.--Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the United States Agency for International Development and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall include the provision of sufficient funds to fully reimburse the United States Agency for International Development for the administrative costs, including the cost of direct hire personnel, incurred in implementing and managing the programs and activities under such transfer or allocation. Such funds transferred or allocated to the United States Agency for International Development for administrative costs shall be transferred to and merged with ``Operating Expenses of the United States Agency for International Development''.

(e) Exception.--Section 8002 of title VIII of this Act shall not apply to this section.

(f) Spending Authority.--Funds made available by this chapter may be expended notwithstanding section 699K of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161).

BUYING POWER MAINTENANCE ACCOUNT

(including transfer of funds)

Sec. 1408. (a) Of the funds appropriated under the heading

``Diplomatic and Consular Programs'' and allocated by section 3810 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007

(Public Law 110-28), $26,000,000 shall be transferred to and merged with funds in the ``Buying Power Maintenance Account'': Provided, That of the funds made available by this chapter up to an additional $74,000,000 may be transferred to and merged with the ``Buying Power Maintenance Account'', subject to the regular notification procedures of the Committees on Appropriations and in accordance with the procedures in section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706). Any funds transferred pursuant to this section shall be available, without fiscal year limitation, pursuant to section 24 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696).

(b) Section 24(b)(7) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by amending subparagraph (D) to read as follows:

``(D) The authorities contained in this paragraph may be exercised only with respect to funds appropriated or otherwise made available after fiscal year 2008.''.

SERBIA

Sec. 1409. (a) Of the funds made available for assistance for Serbia under the heading ``Assistance for Eastern Europe and the Baltic States'' by title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161), an amount equivalent to the costs of damage to the United States Embassy in Belgrade, Serbia, as estimated by the Secretary of State, resulting from the February 21, 2008 attack on such Embassy, shall be transferred to, and merged with, funds provided under the heading ``Embassy Security, Construction, and Maintenance'' to be used for necessary repairs or future construction.

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

Rescissions

(Including Rescissions)

Sec. 1410. (a) World Food Program.--

(1) For an additional amount for a contribution to the World Food Program to assist farmers in countries affected by food shortages to increase crop yields, notwithstanding any other provision of law, $20,000,000, to remain available until expended.

(2) Of the funds appropriated under the heading ``Andean Counterdrug Initiative'' in prior acts making appropriations for foreign operations, export financing, and related programs, $20,000,000 are rescinded.

(b) Sudan.--

(1) For an additional amount for ``International Narcotics Control and Law Enforcement'', $10,000,000, for assistance for Sudan to support formed police units, to remain available until September 30, 2009, and subject to prior consultation with the Committees on Appropriations.

(2) Of the funds appropriated under the heading

``International Narcotics Control and Law Enforcement'' in prior acts making appropriations for foreign operations, export financing, and related programs, $10,000,000 are rescinded.

(c) Mexico.--Of the unobligated balances of funds appropriated for ``Iraq Relief and Reconstruction Fund'' in prior Acts making appropriations for foreign operations, export financing, and related programs, $50,000,000 are rescinded, notwithstanding section 1402(g) of this Act.

(d) Horn of Africa.--

(1) For an additional amount for ``Economic Support Fund'',

$40,000,000 for programs to promote development and counter extremism in the Horn of Africa, to be administered by the United States Agency for International Development, and to remain available until September 30, 2009.

(2) Of the unobligated balances of funds appropriated for

``Iraq Relief and Reconstruction Fund'' in prior Acts making appropriations for foreign operations, export financing, and related programs, $40,000,000 are rescinded, notwithstanding section 1402(g) of this Act.

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

DARFUR PEACEKEEPING

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

FOOD SECURITY AND CYCLONE NARGIS RELIEF

(INCLUDING RESCISSION OF FUNDS)

Sec. 1412. (a) For an additional amount for ``International Disaster Assistance'', $225,000,000, to address the international food crisis globally and for assistance for Burma to address the effects of Cyclone Nargis: Provided, That not less than $125,000,000 should be made available for the local or regional purchase and distribution of food to address the international food crisis: Provided further, That notwithstanding any other provision of law, none of the funds appropriated under this heading may be made available for assistance for the State Peace and Development Council.

(b) Of the unexpended balances of funds appropriated under the heading ``Millennium Challenge Corporation'' in prior Acts making appropriations for foreign operations, export financing and related programs, $225,000,000 are rescinded.

JORDAN

(INCLUDING RESCISSION OF FUNDS)

Sec. 1413. (a) For an additional amount for ``Economic Support Fund'' for assistance for Jordan, $100,000,000, to remain available until September 30, 2009.

(b) For an additional amount for ``Foreign Military Financing Program'' for assistance for Jordan, $200,000,000, to remain available until September 30, 2009.

(c) Of the unexpended balances of funds appropriated under the heading ``Millennium Challenge Corporation'' in prior Acts making appropriations for foreign operations, export financing, and related programs, $300,000,000 are rescinded.

(d) Section 8002 of title VIII of this Act shall not apply to this section.

Allocations

Sec. 1414. (a) Funds provided by this chapter for the following accounts shall be made available for programs and countries in the amounts contained in the respective tables included in the explanatory statement accompanying this Act:

``Diplomatic and Consular Programs''.

``Economic Support Fund''.

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

Reprogramming Authority

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

Spending Plans and Notification Procedures

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

``United States Emergency Refugee and Migration Assistance Fund''.

(b) Subchapter B Spending Plan.--The Secretary of State shall submit to the Committees on Appropriations not later than November 1, 2008, and prior to the initial obligation of funds, a detailed spending plan for funds appropriated or otherwise made available in subchapter B, except for funds appropriated under the headings ``International Disaster Assistance'', ``Migration and Refugee Assistance'', and

``United States Emergency Refugee and Migration Assistance Fund''.

(c) Notification.--Funds made available in this chapter shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961.

terms and conditions

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

TITLE II

DOMESTIC MATTERS

CHAPTER 1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

SALARIES AND EXPENSES

For an additional amount for salaries and expenses of the Food and Drug Administration, $265,000,000, to remain available until September 30, 2009: Provided, That of the amount provided: (1) $119,000,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2)

$48,500,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $23,500,000 shall be for the Center for Biologics Evaluation and Research and related field activities in the Office of Regulatory Affairs; (4) $10,700,000 shall be for the Center for Veterinary Medicine and related field activities in the Office of Regulatory Affairs; (5)

$35,500,000 shall be for the Center for Devices and Radiological Health and related field activities in the Office of Regulatory Affairs; (6) $6,000,000 shall be for the National Center for Toxicological Research; and (7)

$21,800,000 shall be for other activities, including the Office of the Commissioner, the Office of Scientific and Medical Programs; the Office of Policy, Planning and Preparedness; the Office of International and Special Programs; the Office of Operations; and central services for these offices.

BUILDINGS AND FACILITIES

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

CHAPTER 2

DEPARTMENT OF COMMERCE

Bureau of the Census

periodic censuses and programs

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

DEPARTMENT OF JUSTICE

United States Marshals Service

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',

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

Federal Prison System

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',

$178,000,000, to remain available until September 30, 2008.

Office of Justice Programs

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of Omnibus Crime Control and Safe Street Act of 1968 (``1968 Act''), (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act),

$490,000,000, to remain available until September 30, 2008.

For an additional amount for ``State and Local Law Enforcement Assistance'', $100,000,000 for competitive grants to provide assistance and equipment to local law enforcement along the Southern border and in High-Intensity Drug Trafficking Areas to combat criminal narcotic activity stemming from the Southern border, of which $10,000,000 shall be for the ATF Project Gunrunner.

SCIENCE

National Aeronautics and Space Administration

RETURN TO FLIGHT

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

$200,000,000.

National Science Foundation

RESEARCH AND RELATED ACTIVITIES

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

EDUCATION AND HUMAN RESOURCES

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

CHAPTER 3

DEPARTMENT OF ENERGY

Non-Defense Environmental Cleanup

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

Uranium Enrichment Decontamination and Decommissioning Fund

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

Science

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

Environmental and Other Defense Activities

DEFENSE ENVIRONMENTAL CLEANUP

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

GENERAL PROVISION--THIS CHAPTER

Sec. 2301. Incentives for Additional Downblending of Highly Enriched Uranium by the Russian Federation. The USEC Privatization Act (42 U.S.C. 2297h et seq.) is amended--

(1) in section 3102, by striking ``For purposes'' and inserting ``Except as provided in section 3112A, for purposes'';

(2) in section 3112(a), by striking ``The Secretary'' and inserting ``Except as provided in section 3112A(d), the Secretary''; and

(3) by inserting after section 3112 the following:

``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF

HIGHLY ENRICHED URANIUM BY THE RUSSIAN

FEDERATION.

``(a) Definitions.--In this section:

``(1) Completion of the russian heu agreement.--The term

`completion of the Russian HEU Agreement' means the importation into the United States from the Russian Federation pursuant to the Russian HEU Agreement of uranium derived from the downblending of not less than 500 metric tons of highly enriched uranium of weapons origin.

``(2) Downblending.--The term `downblending' means processing highly enriched uranium into a uranium product in any form in which the uranium contains less than 20 percent uranium-235.

``(3) Highly enriched uranium.--The term `highly enriched uranium' has the meaning given that term in section 3102(4).

``(4) Highly enriched uranium of weapons origin.--The term

`highly enriched uranium of weapons origin' means highly enriched uranium that--

``(A) contains 90 percent or more uranium-235; and

``(B) is verified by the Secretary of Energy to be of weapons origin.

``(5) Low-enriched uranium.--The term `low-enriched uranium' means a uranium product in any form, including uranium hexafluoride (UF6) and uranium oxide

(UO2), in which the uranium contains less than 20 percent uranium-235, without regard to whether the uranium is incorporated into fuel rods or complete fuel assemblies.

``(6) Russian heu agreement.--The term `Russian HEU Agreement' has the meaning given that term in section 3102(11).

``(7) Uranium-235.--The term `uranium-235' means the isotope \235\U.

``(b) Statement of Policy.--It is the policy of the United States to support the continued downblending of highly enriched uranium of weapons origin in the Russian Federation in order to protect the essential security interests of the United States with respect to the nonproliferation of nuclear weapons.

``(c) Promotion of Downblending of Russian Highly Enriched Uranium.--

``(1) Incentives for the completion of the russian heu agreement.--Prior to the completion of the Russian HEU Agreement, the importation into the United States of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, that is produced in the Russian Federation and is not imported pursuant to the Russian HEU Agreement may not exceed the following amounts:

``(A) In each of the calendar years 2008 and 2009, not more than 22,500 kilograms.

``(B) In each of the calendar years 2010 and 2011, not more than 45,000 kilograms.

``(C) In calendar year 2012 and each calendar year thereafter through the calendar year of the completion of the Russian HEU Agreement, not more than 67,500 kilograms.

``(2) Incentives to continue downblending russian highly enriched uranium after the completion of the russian heu agreement.--

``(A) In general.--In each calendar year beginning after the calendar year of the completion of the Russian HEU Agreement and before the termination date described in paragraph (8), the importation into the United States of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, that is produced in the Russian Federation, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed 400,000 kilograms.

``(B) Additional imports.--

``(i) In general.--In addition to the amount authorized to be imported under subparagraph (A) and except as provided in clause (ii), 20 kilograms of low-enriched uranium, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may be imported for every 3 kilograms of Russian highly enriched uranium of weapons origin that was downblended in the preceding calendar year, subject to the verification of the Secretary of Energy under paragraph (10).

``(ii) Maximum annual imports.--Not more than 200,000 kilograms of low-enriched uranium may be imported in a calendar year under clause (i).

``(3) Exception with respect to initial cores.--The import limitations described in paragraphs (1) and (2) shall not apply to low-enriched uranium produced in the Russian Federation that is imported into the United States for use in the initial core of a new nuclear reactor.

``(4) Annual adjustment.--

``(A) In general.--Beginning in the second calendar year after the calendar year of the completion of the Russian HEU Agreement, the Secretary of Energy shall increase or decrease the amount of low-enriched uranium that may be imported in a calendar year under paragraph (2) (including the amount of low-enriched uranium that may be imported for each kilogram of highly enriched uranium downblended under paragraph

(2)(B)(i)) by a percentage equal to the percentage increase or decrease, as the case may be, in the average amount of uranium loaded into nuclear power reactors in the United States in the most recent 3-calendar-year period for which data are available, as reported by the Energy Information Administration of the Department of Energy, compared to the average amount of uranium loaded into such reactors during the 3-calendar-year period beginning on January 1, 2011, as reported by the Energy Information Administration.

``(B) Publication of adjustments.--As soon as practicable, but not later than July 31 of each calendar year, the Secretary of Energy shall publish in the Federal Register the amount of low-enriched uranium that may be imported in the current calendar year after the adjustment under subparagraph

(A).

``(5) Authority for additional adjustment.--In addition to the annual adjustment under paragraph (4), the Secretary of Commerce may adjust the import limitations under paragraph

(2)(A) for a calendar year if the Secretary--

``(A) in consultation with the Secretary of Energy, determines that the available supply of low-enriched uranium from the Russian Federation and the available stockpiles of uranium of the Department of Energy are insufficient to meet demand in the United States in the following calendar year; and

``(B) notifies Congress of the adjustment not less than 45 days before making the adjustment.

``(6) Equivalent quantities of low-enriched uranium imports.--

``(A) In general.--The import limitations described in paragraphs (1) and (2) are expressed in terms of uranium containing 4.4 percent uranium-235 and a tails assay of 0.3 percent.

``(B) Adjustment for other uranium.--Imports of low-enriched uranium under paragraphs (1) and (2) shall count against the import limitations described in such paragraphs in amounts calculated as the quantity of low-enriched uranium containing 4.4 percent uranium-235 necessary to equal the total amount of uranium-235 contained in such imports.

``(7) Downblending of other highly enriched uranium.--

``(A) In general.--The downblending of highly enriched uranium not of weapons origin may be counted for purposes of paragraph (2)(B) or (8)(B), subject to verification under paragraph (10), if the Secretary of Energy determines that the highly enriched uranium to be downblended poses a risk to the national security of the United States.

``(B) Equivalent quantities of highly enriched uranium.--For purposes of determining the additional low-enriched uranium imports allowed under paragraph (2)(B) and for purposes of paragraph (8)(B), highly enriched uranium not of weapons origin downblended pursuant to subparagraph (A) shall count as downblended highly enriched uranium of weapons origin in amounts calculated as the quantity of highly enriched uranium containing 90 percent uranium-235 necessary to equal the total amount of uranium-235 contained in the highly enriched uranium not of weapons origin downblended pursuant to subparagraph (A).

``(8) Termination of import restrictions after downblending of an additional 300 metric tons of highly enriched uranium.--The provisions of this subsection shall terminate on the later of--

``(A) December 31, 2020; or

``(B) the date on which the Secretary of Energy certifies to Congress that, after the completion of the Russian HEU Agreement, not less than an additional 300 metric tons of Russian highly enriched uranium of weapons origin have been downblended.

``(9) Special rule if importation under russian heu agreement terminates early.--Notwithstanding any other provision of law, no low-enriched uranium produced in the Russian Federation that is not derived from highly enriched uranium of weapons origin, including low-enriched uranium obtained under contracts for separative work units, may be imported into the United States if, before the completion of the Russian HEU Agreement, the Secretary of Energy determines that the Russian Federation has taken deliberate action to disrupt or halt the importation into the United States of low-enriched uranium under the Russian HEU Agreement.

``(10) Technical verifications by secretary of energy.--

``(A) In general.--The Secretary of Energy shall verify the origin, quantity, and uranium-235 content of the highly enriched uranium downblended for purposes of paragraphs

(2)(B), (7), and (8)(B).

``(B) Methods of verification.--In conducting the verification required under subparagraph (A), the Secretary of Energy shall employ the transparency measures provided for in the Russian HEU Agreement for monitoring the downblending of Russian highly enriched uranium of weapons origin and such other methods as the Secretary determines appropriate.

``(11) Enforcement of import limitations.--The Secretary of Commerce shall be responsible for enforcing the import limitations imposed under this subsection and shall enforce such import limitations in a manner that imposes a minimal burden on the commercial nuclear industry.

``(12) Effect on other agreements.--

``(A) Russian heu agreement.--Nothing in this section shall be construed to modify the terms of the Russian HEU Agreement, including the provisions of the Agreement relating to the amount of low-enriched uranium that may be imported into the United States.

``(B) Other agreements.--If a provision of any agreement between the United States and the Russian Federation, other than the Russian HEU Agreement, relating to the importation of low-enriched uranium into the United States conflicts with a provision of this section, the provision of this section shall supersede the provision of the agreement to the extent of the conflict.

``(d) Downblending of Highly Enriched Uranium in the United States.--The Secretary of Energy may sell uranium in the jurisdiction of the Secretary, including downblended highly enriched uranium, at fair market value to a licensed operator of a nuclear reactor in the United States--

``(1) in the event of a disruption in the nuclear fuel supply in the United States; or

``(2) after a determination of the Secretary under subsection (c)(9) that the Russian Federation has taken deliberate action to disrupt or halt the importation into the United States of low-enriched uranium under the Russian HEU Agreement.''.

CHAPTER 4

GENERAL PROVISION--THIS CHAPTER

Sec. 2401. Veterans Business Resource Centers. There are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2008,

$600,000 for the ``Salaries and Expenses'' account of the Small Business Administration, for grants in the amount of

$200,000 to veterans business resource centers that received grants from the National Veterans Business Development Corporation in fiscal years 2006 and 2007.

CHAPTER 5

GENERAL PROVISION--THIS CHAPTER

Sec. 2501. For fiscal year 2008, there is appropriated

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

CHAPTER 6

DEPARTMENT OF LABOR

Employment and Training Administration

State Unemployment Insurance and Employment Service Operations

For an additional amount for ``State Unemployment Insurance and Employment Service Operations'' for grants to the States for the administration of State unemployment insurance,

$110,000,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund, to be used for unemployment insurance workloads experienced by the States through September 30, 2008, which shall be available for Federal obligation through December 31, 2008.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

DISEASE CONTROL, RESEARCH, AND TRAINING

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

National Institutes of Health

OFFICE OF THE DIRECTOR

(including transfer of funds)

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

GENERAL PROVISIONS--THIS CHAPTER

Sec. 2601. In addition to amounts otherwise made available for fiscal year 2008, there are appropriated, out of any money in the Treasury not otherwise appropriated,

$1,000,000,000 for fiscal year 2008, for making payments under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623).

Sec. 2602. Report on the Impact of Past and Future Minimum Wage Increases. (a) In General.--Section 8104 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 189) is amended to read as follows:

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

WAGE INCREASES.

``(a) Study.--Beginning on the date that is 60 days after the date of enactment of this Act, and every year thereafter until the minimum wage in the respective territory is $7.25 per hour, the Government Accountability Office shall conduct a study to--

``(1) assess the impact of the minimum wage increases that occurred in American Samoa and the Commonwealth of the Northern Mariana Islands in 2007 and 2008, as required under Public Law 110-28, on the rates of employment and the living standards of workers, with full consideration of the other factors that impact rates of employment and the living standards of workers such as inflation in the cost of food, energy, and other commodities; and

``(2) estimate the impact of any further wage increases on rates of employment and the living standards of workers in American Samoa and the Commonwealth of the Northern Mariana Islands, with full consideration of the other factors that may impact the rates of employment and the living standards of workers, including assessing how the profitability of major private sector firms may be impacted by wage increases in comparison to other factors such as energy costs and the value of tax benefits.

``(b) Report.--No earlier than March 15, 2009, and not later than April 15, 2009, the Government Accountability Office shall transmit its first report to Congress concerning the findings of the study required under subsection (a). The Government Accountability Office shall transmit any subsequent reports to Congress concerning the findings of a study required by subsection (a) between March 15 and April 15 of each year.

``(c) Economic Information.--To provide sufficient economic data for the conduct of the study under subsection (a)--

``(1) the Department of Labor shall include and separately report on American Samoa and the Commonwealth of the Northern Mariana Islands in its household surveys and establishment surveys;

``(2) the Bureau of Economic Analysis of the Department of Commerce shall include and separately report on American Samoa and the Commonwealth of the Northern Mariana Islands in its gross domestic product data; and

``(3) the Bureau of the Census of the Department of Commerce shall include and separately report on American Samoa and the Commonwealth of the Northern Mariana Islands in its population estimates and demographic profiles from the American Community Survey,with the same regularity and to the same extent as the Department or each Bureau collects and reports such data for the 50 States. In the event that the inclusion of American Samoa and the Commonwealth of the Northern Mariana Islands in such surveys and data compilations requires time to structure and implement, the Department of Labor, the Bureau of Economic Analysis, and the Bureau of the Census (as the case may be) shall in the interim annually report the best available data that can feasibly be secured with respect to such territories. Such interim reports shall describe the steps the Department or the respective Bureau will take to improve future data collection in the territories to achieve comparability with the data collected in the United States. The Department of Labor, the Bureau of Economic Analysis, and the Bureau of the Census, together with the Department of the Interior, shall coordinate their efforts to achieve such improvements.''.

(b) Effective Date.--The amendment made by this section shall take effect on the date of enactment of this Act.

CHAPTER 7

RELATED AGENCY

American Battle Monuments Commission

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

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

TITLE III

HURRICANES KATRINA AND RITA, AND OTHER NATURAL DISASTERS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Farm Service Agency

EMERGENCY CONSERVATION PROGRAM

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

Natural Resources Conservation Service

WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for ``Watershed and Flood Prevention Operations'', for emergency recovery operations,

$130,464,000, to remain available until expended.

GENERAL PROVISION--THIS CHAPTER

(including rescission)

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

CHAPTER 2

DEPARTMENT OF COMMERCE

Economic Development Administration

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

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

$75,000,000.

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

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

DEPARTMENT OF JUSTICE

Office of Justice Programs

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

CHAPTER 3

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

CONSTRUCTION

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

$604,745,000 of the funds appropriated under this heading to provide hurricane and storm damage reduction, flood damage reduction and ecosystem restoration along the Gulf Coast of Mississippi and surrounding areas generally as described in the Mobile District Engineer's Mississippi Coastal Improvements Program Comprehensive Plan Report; $173,615,000 shall be used for ecosystem restoration projects; $4,550,000 shall be used for the Moss Point Municipal Relocation project; $5,000,000 shall be used for the Waveland Floodproofing project; $150,000 shall be used for the Mississippi Sound Sub Aquatic Vegetation project; $15,430,000 shall be used for the Coast-wide Dune Restoration project;

$397,000,000 shall be used for the Homeowners Assistance and Relocation project; and $9,000,000 shall be used for the Forrest Heights Hurricane and Storm Damage Reduction project: Provided further, That none of this $604,745,000 shall become available for obligation until October 1, 2008: Provided further, That these projects shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That the

$211,661,000 non-Federal cost share for these projects shall be repaid in accordance with the provisions of section 103(k) of Public Law 99-662 over a period of 30 years: Provided further, That the expenditure of funds as provided above may be made without regard to individual amounts or purposes except that any reallocation of funds that are necessary to accomplish the established goals are authorized, subject to the approval of the House and Senate Committees on Appropriations: Provided further, That the Secretary of the Army is directed to use $66,600,000 of the funds appropriated under this heading to address emergency situations at Corps of Engineers projects and rehabilitate and repair damages to Corps projects caused by recent natural disasters: Provided further, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide a monthly report to the House and Senate Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.

MISSISSIPPI RIVER AND TRIBUTARIES

For an additional amount for ``Mississippi River and Tributaries'' for recovery from natural disasters,

$17,700,000, to remain available until expended to repair damages to Federal projects caused by recent natural disasters.

OPERATIONS AND MAINTENANCE

For an additional amount for ``Operations and Maintenance'' to dredge navigation channels and repair other Corps projects related to natural disasters, $338,800,000, to remain available until expended: Provided, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide a monthly report to the House and Senate Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ``Flood Control and Coastal Emergencies'', as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for necessary expenses relating to the consequences of Hurricane Katrina and other hurricanes, and for recovery from other natural disasters,

$3,368,400,000, to remain available until expended: Provided, That the Secretary of the Army is directed to use

$2,926,000,000 of the funds appropriated under this heading to modify, at full Federal expense, authorized projects in southeast Louisiana to provide hurricane and storm damage reduction and flood damage reduction in the greater New Orleans and surrounding areas; $704,000,000 shall be used to modify the 17th Street, Orleans Avenue, and London Avenue drainage canals and install pumps and closure structures at or near the lakefront; $90,000,000 shall be used for storm-proofing interior pump stations to ensure the operability of the stations during hurricanes, storms, and high water events; $459,000,000 shall be used for armoring critical elements of the New Orleans hurricane and storm damage reduction system; $53,000,000 shall be used to improve protection at the Inner Harbor Navigation Canal; $456,000,000 shall be used to replace or modify certain non-Federal levees in Plaquemines Parish to incorporate the levees into the existing New Orleans to Venice hurricane protection project;

$412,000,000 shall be used for reinforcing or replacing flood walls, as necessary, in the existing Lake Pontchartrain and Vicinity project and the existing West Bank and Vicinity project to improve the performance of the systems;

$393,000,000 shall be used for repair and restoration of authorized protections and floodwalls; $359,000,000 shall be to complete the authorized protection for the Lake Ponchartrain and Vicinity Project and for the West Bank and Vicinity Project: Provided further, That none of this

$2,926,000,000 shall become available for obligation until October 1, 2008: Provided further, That any project using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That the Secretary of the Army, within available funds, is directed to continue the NEPA alternative evaluation of all options with particular attention to Options 1, 2 and 2a of the report to Congress, dated August 30, 2007, provided in response to the requirements of chapter 3, section 4303 of Public Law 110-28, and within 90 days of enactment of this Act provide the House and Senate Committees on Appropriations cost estimates to implement Options 1, 2 and 2a of the above cited report: Provided further, That the expenditure of funds as provided above may be made without regard to individual amounts or purposes except that any reallocation of funds that are necessary to accomplish the established goals are authorized, subject to the approval of the House and Senate Committees on Appropriations: Provided further, That

$348,000,000 of the amount provided under this heading shall be used for barrier island restoration and ecosystem restoration to restore historic levels of storm damage reduction to the Mississippi Gulf Coast: Provided further, That none of this $348,000,000 shall become available for obligation until October 1, 2008: Provided further, That this work shall be carried out at full Federal expense: Provided further, That the Secretary of the Army is directed to use

$94,400,000 of the funds appropriated under this heading to support emergency operations, to repair eligible projects nationwide, and for other activities in response to recent natural disasters: Provided further, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide a monthly report to the House and Senate Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.

GENERAL EXPENSES

For an additional amount for ``General Expenses'' for increased efforts by the Mississippi Valley Division to oversee emergency response and recovery activities related to the consequences of hurricanes in the Gulf of Mexico in 2005,

$1,500,000, to remain available until expended.

CHAPTER 4

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3401. Notwithstanding any other provision of law, and not later than 30 days after the date of submission of a request for a single payment, the Federal Emergency Management Agency shall provide a single payment for any eligible costs under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for any police station, fire station, or criminal justice facility that was damaged by Hurricane Katrina of 2005 or Hurricane Rita of 2005: Provided, That nothing in this section may be construed to alter the appeal or review process relating to assistance provided under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Federal Emergency Management Agency shall not reduce the amount of assistance provided under section 406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for such facilities.

Sec. 3402. Until such time as the updating of flood insurance rate maps under section 19 of the Flood Modernization Act of 2007 is completed (as determined by the district engineer) for all areas located in the St. Louis District of the Mississippi Valley Division of the Corps of Engineers, the Administrator of the Federal Emergency Management Agency shall not adjust the chargeable premium rate for flood insurance under this section for any type or class of property located in an area in that District nor require the purchase of flood insurance for any type or class of property located in an area in that District not subject to such purchase requirement prior to the updating of such national flood insurance program rate map: Provided, That for purposes of this section, the term ``area'' does not include any area (or subdivision thereof) that has chosen not to participate in the flood insurance program under this section as of the date of enactment of this Act.

CHAPTER 5

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

Wildland Fire Management

(including transfer of funds)

For an additional amount for ``Wildland Fire Management'',

$125,000,000, to remain available until expended, of which

$100,000,000 is for emergency wildland fire suppression activities, and of which $25,000,000 is for rehabilitation and restoration of Federal lands: Provided, That emergency wildland fire suppression funds are also available for repayment to other appropriations accounts from which funds were transferred for wildfire suppression.

National Park Service

Historic Preservation Fund

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

ENVIRONMENTAL PROTECTION AGENCY

State and Tribal Assistance Grants

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

DEPARTMENT OF AGRICULTURE

Forest Service

Wildland Fire Management

(including transfers of funds)

For an additional amount for ``Wildland Fire Management'',

$325,000,000, to remain available until expended, of which

$250,000,000 shall be available for emergency wildfire suppression, and of which $75,000,000 shall be available for rehabilitation and restoration of Federal lands and may be transferred to other Forest Service accounts as necessary: Provided, That emergency wildfire suppression funds are also available for repayment to other appropriations accounts from which funds were transferred for wildfire suppression.

CHAPTER 6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services

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

$350,000,000, to be made available until September 30, 2010.

CHAPTER 7

MILITARY CONSTRUCTION

Military Construction, Army National Guard

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for ``Military Construction, Army National Guard'', $11,503,000, to remain available until September 30, 2012: Provided, That such funds may be obligated or expended for planning and design and military construction projects not otherwise authorized by law: Provided further, That of the funds appropriated for

``Military Construction, Army National Guard'' under Public Law 109-234, $7,000,000 are hereby rescinded.

GENERAL PROVISION--THIS CHAPTER

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

CHAPTER 8

DEPARTMENT OF TRANSPORTATION

Federal-aid Highways

EMERGENCY RELIEF PROGRAM

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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Permanent Supportive Housing

For the provision of permanent supportive housing units as identified in the plan of the Louisiana Recovery Authority and approved by the Secretary of Housing and Urban Development, $73,000,000 to remain available until expended, of which not less than $20,000,000 shall be for project-based vouchers under section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), not less than

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

Project-based Rental Assistance

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

Housing Transition Assistance

For an additional amount to the State of Louisiana for case management and housing transition services for families in areas impacted by Hurricanes Katrina and Rita of 2005,

$3,000,000, to remain available until expended.

Community Development Fund

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

(RESCISSION)

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

TITLE IV--VETERANS EDUCATIONAL ASSISTANCE

SEC. 4001. SHORT TITLE.

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

SEC. 4002. FINDINGS.

Congress makes the following findings:

(1) On September 11, 2001, terrorists attacked the United States, and the brave members of the Armed Forces of the United States were called to the defense of the Nation.

(2) Service on active duty in the Armed Forces has been especially arduous for the members of the Armed Forces since September 11, 2001.

(3) The United States has a proud history of offering educational assistance to millions of veterans, as demonstrated by the many ``G.I. Bills'' enacted since World War II. Educational assistance for veterans helps reduce the costs of war, assist veterans in readjusting to civilian life after wartime service, and boost the United States economy, and has a positive effect on recruitment for the Armed Forces.

(4) The current educational assistance program for veterans is outmoded and designed for peacetime service in the Armed Forces.

(5) The people of the United States greatly value military service and recognize the difficult challenges involved in readjusting to civilian life after wartime service in the Armed Forces.

(6) It is in the national interest for the United States to provide veterans who serve on active duty in the Armed Forces after September 11, 2001, with enhanced educational assistance benefits that are worthy of such service and are commensurate with the educational assistance benefits provided by a grateful Nation to veterans of World War II.

SEC. 4003. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED

FORCES WHO SERVE AFTER SEPTEMBER 11, 2001.

(a) Educational Assistance Authorized.--

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

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

``subchapter i--definitions

``Sec.

``3301. Definitions.

``subchapter ii--educational assistance

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

``3312. Educational assistance: duration.

``3313. Educational assistance: amount; payment.

``3314. Tutorial assistance.

``3315. Licensure and certification tests.

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

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

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

``subchapter iii--administrative provisions

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

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

``3323. Administration.

``3324. Allocation of administration and costs.

``SUBCHAPTER I--DEFINITIONS

``Sec. 3301. Definitions

``In this chapter:

``(1) The term `active duty' has the meanings as follows

(subject to the limitations specified in sections 3002(6) and 3311(b) of this title):

``(A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A) of this title.

``(B) In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10.

``(2) The term `entry level and skill training' means the following:

``(A) In the case of members of the Army, Basic Combat Training and Advanced Individual Training.

``(B) In the case of members of the Navy, Recruit Training

(or Boot Camp) and Skill Training (or so-called `A' School).

``(C) In the case of members of the Air Force, Basic Military Training and Technical Training.

``(D) In the case of members of the Marine Corps, Recruit Training and Marine Corps Training (or School of Infantry Training).

``(E) In the case of members of the Coast Guard, Basic Training.

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

``(4) The term `Secretary of Defense' has the meaning given such term in section 3002 of this title.

``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

``Sec. 3311. Educational assistance for service in the Armed

Forces commencing on or after September 11, 2001: entitlement

``(a) Entitlement.--Subject to subsections (d) and (e), each individual described in subsection (b) is entitled to educational assistance under this chapter.

``(b) Covered Individuals.--An individual described in this subsection is any individual as follows:

``(1) An individual who--

``(A) commencing on or after September 11, 2001, serves an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training); and

``(B) after completion of service described in subparagraph

(A)--

``(i) continues on active duty; or

``(ii) is discharged or released from active duty as described in subsection (c).

``(2) An individual who--

``(A) commencing on or after September 11, 2001, serves at least 30 continuous days on active duty in the Armed Forces; and

``(B) after completion of service described in subparagraph

(A), is discharged or released from active duty in the Armed Forces for a service-connected disability.

``(3) An individual who--

``(A) commencing on or after September 11, 2001, serves an aggregate of at least 30 months, but less than 36 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and

``(B) after completion of service described in subparagraph

(A)--

``(i) continues on active duty for an aggregate of less than 36 months; or

``(ii) before completion of service on active duty of an aggregate of 36 months, is discharged or released from active duty as described in subsection (c).

``(4) An individual who--

``(A) commencing on or after September 11, 2001, serves an aggregate of at least 24 months, but less than 30 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and

``(B) after completion of service described in subparagraph

(A)--

``(i) continues on active duty for an aggregate of less than 30 months; or

``(ii) before completion of service on active duty of an aggregate of 30 months, is discharged or released from active duty as described in subsection (c).

``(5) An individual who--

``(A) commencing on or after September 11, 2001, serves an aggregate of at least 18 months, but less than 24 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and

``(B) after completion of service described in subparagraph

(A)--

``(i) continues on active duty for an aggregate of less than 24 months; or

``(ii) before completion of service on active duty of an aggregate of 24 months, is discharged or released from active duty as described in subsection (c).

``(6) An individual who--

``(A) commencing on or after September 11, 2001, serves an aggregate of at least 12 months, but less than 18 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and

``(B) after completion of service described in subparagraph

(A)--

``(i) continues on active duty for an aggregate of less than 18 months; or

``(ii) before completion of service on active duty of an aggregate of 18 months, is discharged or released from active duty as described in subsection (c).

``(7) An individual who--

``(A) commencing on or after September 11, 2001, serves an aggregate of at least 6 months, but less than 12 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and

``(B) after completion of service described in subparagraph

(A)--

``(i) continues on active duty for an aggregate of less than 12 months; or

``(ii) before completion of service on active duty of an aggregate of 12 months, is discharged or released from active duty as described in subsection (c).

``(8) An individual who--

``(A) commencing on or after September 11, 2001, serves an aggregate of at least 90 days, but less than 6 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and

``(B) after completion of service described in subparagraph

(A)--

``(i) continues on active duty for an aggregate of less than 6 months; or

``(ii) before completion of service on active duty of an aggregate of 6 months, is discharged or released from active duty as described in subsection (c).

``(c) Covered Discharges and Releases.--A discharge or release from active duty of an individual described in this subsection is a discharge or release as follows:

``(1) A discharge from active duty in the Armed Forces with an honorable discharge.

``(2) A release after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service and placement on the retired list, transfer to the Fleet Reserve or Fleet Marine Corps Reserve, or placement on the temporary disability retired list.

``(3) A release from active duty in the Armed Forces for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.

``(4) A discharge or release from active duty in the Armed Forces for--

``(A) a medical condition which preexisted the service of the individual as described in the applicable paragraph of subsection (b) and which the Secretary determines is not service-connected;

``(B) hardship; or

``(C) a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense.

``(d) Prohibition on Treatment of Certain Service as Period of Active Duty.--The following periods of service shall not be considered a part of the period of active duty on which an individual's entitlement to educational assistance under this chapter is based:

``(1) A period of service on active duty of an officer pursuant to an agreement under section 2107(b) of title 10.

``(2) A period of service on active duty of an officer pursuant to an agreement under section 4348, 6959, or 9348 of title 10.

``(3) A period of service that is terminated because of a defective enlistment and induction based on--

``(A) the individual's being a minor for purposes of service in the Armed Forces;

``(B) an erroneous enlistment or induction; or

``(C) a defective enlistment agreement.

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

``Sec. 3312. Educational assistance: duration

``(a) In General.--Subject to section 3695 of this title and except as provided in subsections (b) and (c), an individual entitled to educational assistance under this chapter is entitled to a number of months of educational assistance under section 3313 of this title equal to 36 months.

``(b) Continuing Receipt.--The receipt of educational assistance under section 3313 of this title by an individual entitled to educational assistance under this chapter is subject to the provisions of section 3321(b)(2) of this title.

``(c) Discontinuation of Education for Active Duty.--(1) Any payment of educational assistance described in paragraph

(2) shall not--

``(A) be charged against any entitlement to educational assistance of the individual concerned under this chapter; or

``(B) be counted against the aggregate period for which section 3695 of this title limits the individual's receipt of educational assistance under this chapter.

``(2) Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual--

``(A)(i) in the case of an individual not serving on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or

``(ii) in the case of an individual serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and

``(B) failed to receive credit or lost training time toward completion of the individual's approved education, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the individual's course pursuit.

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

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

``(a) Payment.--The Secretary shall pay to each individual entitled to educational assistance under this chapter who is pursuing an approved program of education (other than a program covered by subsections (e) and (f)) the amounts specified in subsection (c) to meet the expenses of such individual's subsistence, tuition, fees, and other educational costs for pursuit of such program of education.

``(b) Approved Programs of Education.--A program of education is an approved program of education for purposes of this chapter if the program of education is offered by an institution of higher learning (as that term is defined in section 3452(f) of this title) and is approved for purposes of chapter 30 of this title (including approval by the State approving agency concerned).

``(c) Amount of Educational Assistance.--The amounts payable under this subsection for pursuit of an approved program of education are amounts as follows:

``(1) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(1) or 3311(b)(2) of this title, amounts as follows:

``(A) An amount equal to the established charges for the program of education, except that the amount payable under this subparagraph may not exceed the maximum amount of established charges regularly charged in-State students for full-time pursuit of approved programs of education for undergraduates by the public institution of higher education offering approved programs of education for undergraduates in the State in which the individual is enrolled that has the highest rate of regularly-charged established charges for such programs of education among all public institutions of higher education in such State offering such programs of education.

``(B) A monthly stipend in an amount as follows:

``(i) For each month the individual pursues the program of education, other than a program of education offered through distance learning, a monthly housing stipend amount equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution of higher education at which the individual is enrolled.

``(ii) For the first month of each quarter, semester, or term, as applicable, of the program of education pursued by the individual, a lump sum amount for books, supplies, equipment, and other educational costs with respect to such quarter, semester, or term in the amount equal to--

``(I) $1,000, multiplied by

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

``(2) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(3) of this title, amounts equal to 90 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

``(3) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(4) of this title, amounts equal to 80 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

``(4) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(5) of this title, amounts equal to 70 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

``(5) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(6) of this title, amounts equal to 60 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

``(6) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(7) of this title, amounts equal to 50 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

``(7) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(8) of this title, amounts equal to 40 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

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

``(2) Payment of the amount payable under subsection

(c)(1)(B), and of similar amounts payable under paragraphs

(2) through (7) of subsection (c), for pursuit of a program of education shall be made on a monthly basis.

``(3) The Secretary shall prescribe in regulations methods for determining the number of months (including fractions thereof) of entitlement of an individual to educational assistance this chapter that are chargeable under this chapter for an advance payment of amounts under paragraphs

(1) and (2) for pursuit of a program of education on a quarter, semester, term, or other basis.

``(e) Programs of Education Pursued on Active Duty.--(1) Educational assistance is payable under this chapter for pursuit of an approved program of education while on active duty.

``(2) The amount of educational assistance payable under this chapter to an individual pursuing a program of education while on active duty is the lesser of--

``(A) the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or

``(B) the amount of the charges of the educational institution as elected by the individual in the manner specified in section 3014(b)(1) of this title.

``(3) Payment of the amount payable under paragraph (2) for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education.

``(4) For each month (as determined pursuant to the methods prescribed under subsection (d)(3)) for which amounts are paid an individual under this subsection, the entitlement of the individual to educational assistance under this chapter shall be charged at the rate of one month for each such month.

``(f) Programs of Education Pursued on Half-Time Basis or Less.--(1) Educational assistance is payable under this chapter for pursuit of an approved program of education on half-time basis or less.

``(2) The educational assistance payable under this chapter to an individual pursuing a program of education on half-time basis or less is the amounts as follows:

``(A) The amount equal to the lesser of--

``(i) the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or

``(ii) the maximum amount that would be payable to the individual for the program of education under paragraph

(1)(A) of subsection (c), or under the provisions of paragraphs (2) through (7) of subsection (c) applicable to the individual, for the program of education if the individual were entitled to amounts for the program of education under subsection (c) rather than this subsection.

``(B) A stipend in an amount equal to the amount of the appropriately reduced amount of the lump sum amount for books, supplies, equipment, and other educational costs otherwise payable to the individual under subsection (c).

``(3) Payment of the amounts payable to an individual under paragraph (2) for pursuit of a program of education on half-time basis or less shall be made for the entire quarter, semester, or term, as applicable, of the program of education.

``(A) the number of course hours borne by the individual in pursuit of the program of education involved, divided by

``(B) the number of course hours for full-time pursuit of such program of education.

``(g) Payment of Established Charges to Educational Institutions.--Amounts payable under subsections (c)(1)(A)

(and of similar amounts payable under paragraphs (2) through

(7) of subsection (c)), (e)(2) and (f)(2)(A) shall be paid directly to the educational institution concerned.

``(h) Established Charges Defined.--(1) In this section, the term `established charges', in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay.

``(2) Established charges shall be determined for purposes of this subsection on the following basis:

``(A) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.

``(B) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.

``Sec. 3314. Tutorial assistance

``(a) In General.--Subject to subsection (b), an individual entitled to educational assistance under this chapter shall also be entitled to benefits provided an eligible veteran under section 3492 of this title.

``(b) Conditions.--(1) The provision of benefits under subsection (a) shall be subject to the conditions applicable to an eligible veteran under section 3492 of this title.

``(2) In addition to the conditions specified in paragraph

(1), benefits may not be provided to an individual under subsection (a) unless the professor or other individual teaching, leading, or giving the course for which such benefits are provided certifies that--

``(A) such benefits are essential to correct a deficiency of the individual in such course; and

``(B) such course is required as a part of, or is prerequisite or indispensable to the satisfactory pursuit of, an approved program of education.

``(c) Amount.--(1) The amount of benefits described in subsection (a) that are payable under this section may not exceed $100 per month, for a maximum of 12 months, or until a maximum of $1,200 is utilized.

``(2) The amount provided an individual under this subsection is in addition to the amounts of educational assistance paid the individual under section 3313 of this title.

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

``Sec. 3315. Licensure and certification tests

``(a) In General.--An individual entitled to educational assistance under this chapter shall also be entitled to payment for one licensing or certification test described in section 3452(b) of this title.

``(b) Limitation on Amount.--The amount payable under subsection (a) for a licensing or certification test may not exceed the lesser of--

``(1) $2,000; or

``(2) the fee charged for the test.

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

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

``(a) Increased Assistance for Members With Critical Skills or Specialty.--(1) In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, the Secretary concerned may increase the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) of such section (as applicable).

``(2) The amount of the increase in educational assistance authorized by paragraph (1) may not exceed the amount equal to the monthly amount of increased basic educational assistance providable under section 3015(d)(1) of this title at the time of the increase under paragraph (1).

``(b) Supplemental Assistance for Additional Service.--(1) The Secretary concerned may provide for the payment to an individual entitled to educational assistance under this chapter of supplemental educational assistance for additional service authorized by subchapter III of chapter 30 of this title. The amount so payable shall be payable as an increase in the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) of such section (as applicable).

``(2) Eligibility for supplement educational assistance under this subsection shall be determined in accordance with the provisions of subchapter III of chapter 30 of this title, except that any reference in such provisions to eligibility for basic educational assistance under a provision of subchapter II of chapter 30 of this title shall be treated as a reference to eligibility for educational assistance under the appropriate provision of this chapter.

``(3) The amount of supplemental educational assistance payable under this subsection shall be the amount equal to the monthly amount of supplemental educational payable under section 3022 of this title.

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

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

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

(2) of section 3311(b).

``(b) Designation of Program.--The program under this section shall be known as the `Yellow Ribbon G.I. Education Enhancement Program'.

``(c) Agreements.--The Secretary shall enter into an agreement with each college or university seeking to participate in the program under this section. Each agreement shall specify the following:

``(1) The manner (whether by direct grant, scholarship, or otherwise) of the contributions to be made by the college or university concerned.

``(2) The maximum amount of the contribution to be made by the college or university concerned with respect to any particular individual in any given academic year.

``(3) The maximum number of individuals for whom the college or university concerned will make contributions in any given academic year.

``(4) Such other matters as the Secretary and the college or university concerned jointly consider appropriate.

``(d) Matching Contributions.--(1) In instances where the educational assistance provided an individual under section 3313(c)(1)(A) of this title does not cover the full cost of tuition and mandatory fees at a college or university, the Secretary shall provide up to 50 percent of the remaining costs for tuition and mandatory fees if the college or university voluntarily enters into an agreement with the Secretary to match an equal percentage of any of the remaining costs for such tuition and fees.

``(2) Amounts available to the Secretary under section 3324(b) of this title for payment of the costs of this chapter shall be available to the Secretary for purposes of paragraph (1).

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

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

``(a) Additional Assistance.--Each individual described in subsection (b) shall be paid additional assistance under this section in the amount of $500.

``(b) Covered Individuals.--An individual described in this subsection is any individual entitled to educational assistance under this chapter--

``(1) who resides in a highly rural area (as determined by the Bureau of the Census); and

``(2) who--

``(A) physically relocates a distance of at least 500 miles in order to pursue a program of education for which the individual utilizes educational assistance under this chapter; or

``(B) travels by air to physically attend an institution of higher education for pursuit of such a program of education because the individual cannot travel to such institution by automobile or other established form of transportation due to an absence of road or other infrastructure.

``(c) Proof of Residence.--For purposes of subsection

(b)(1), an individual may demonstrate the individual's place of residence utilizing any of the following:

``(1) DD Form 214, Certification of Release or Discharge from Active Duty.

``(2) The most recent Federal income tax return.

``(3) Such other evidence as the Secretary shall prescribe for purposes of this section.

``(d) Single Payment of Assistance.--An individual is entitled to only one payment of additional assistance under this section.

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

``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

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

``(a) In General.--Except as provided in this section, the period during which an individual entitled to educational assistance under this chapter may use such individual's entitlement expires at the end of the 15-year period beginning on the date of such individual's last discharge or release from active duty.

``(b) Exceptions.--(1) Subsections (b), (c), and (d) of section 3031 of this title shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 of this title with respect to the running of the 10-year period described in section 3031(a) of this title.

``(2) Section 3031(f) of this title shall apply with respect to the termination of an individual's entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual's entitlement to educational assistance under chapter 30 of this title, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 of this title shall be deemed to be a reference to 3312 of this title.

``(3) For purposes of subsection (a), an individual's last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service, unless the individual is discharged or released as described in section 3311(b)(2) of this title.

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

``(a) In General.--An individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the provisions of the Hostage Relief Act of 1980 (Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance under two or more such programs concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter or provisions to receive educational assistance.

``(b) Inapplicability of Service Treated Under Educational Loan Repayment Programs.--A period of service counted for purposes of repayment of an education loan under chapter 109 of title 10 may not be counted as a period of service for entitlement to educational assistance under this chapter.

``(c) Service in Selected Reserve.--An individual who serves in the Selected Reserve may receive credit for such service under only one of this chapter, chapter 30 of this title, and chapters 1606 and 1607 of title 10, and shall elect (in such form and manner as the Secretary may prescribe) under which chapter such service is to be credited.

``(d) Additional Coordination Matters.--In the case of an individual entitled to educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the provisions of the Hostage Relief Act of 1980, or making contributions toward entitlement to educational assistance under chapter 30 of this title, as of August 1, 2009, coordination of entitlement to educational assistance under this chapter, on the one hand, and such chapters or provisions, on the other, shall be governed by the provisions of section __03(c) of the Post-9/11 Veterans Educational Assistance Act of 2008.

``Sec. 3323. Administration

``(a) In General.--(1) Except as otherwise provided in this chapter, the provisions specified in section 3034(a)(1) of this title shall apply to the provision of educational assistance under this chapter.

``(2) In applying the provisions referred to in paragraph

(1) to an individual entitled to educational assistance under this chapter for purposes of this section, the reference in such provisions to the term `eligible veteran' shall be deemed to refer to an individual entitled to educational assistance under this chapter.

``(3) In applying section 3474 of this title to an individual entitled to educational assistance under this chapter for purposes of this section, the reference in such section 3474 to the term `educational assistance allowance' shall be deemed to refer to educational assistance payable under section 3313 of this title.

``(4) In applying section 3482(g) of this title to an individual entitled to educational assistance under this chapter for purposes of this section--

``(A) the first reference to the term `educational assistance allowance' in such section 3482(g) shall be deemed to refer to educational assistance payable under section 3313 of this title; and

``(B) the first sentence of paragraph (1) of such section 3482(g) shall be applied as if such sentence ended with

`equipment'.

``(b) Information on Benefits.--(1) The Secretary of Veterans Affairs shall provide the information described in paragraph (2) to each member of the Armed Forces at such times as the Secretary of Veterans Affairs and the Secretary of Defense shall jointly prescribe in regulations.

``(2) The information described in this paragraph is information on benefits, limitations, procedures, eligibility requirements (including time-in-service requirements), and other important aspects of educational assistance under this chapter, including application forms for such assistance under section 5102 of this title.

``(3) The Secretary of Veterans Affairs shall furnish the information and forms described in paragraph (2), and other educational materials on educational assistance under this chapter, to educational institutions, training establishments, military education personnel, and such other persons and entities as the Secretary considers appropriate.

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

``(2) Any regulations prescribed by the Secretary of Defense for purposes of this chapter shall apply uniformly across the Armed Forces.

``Sec. 3324. Allocation of administration and costs

``(a) Administration.--Except as otherwise provided in this chapter, the Secretary shall administer the provision of educational assistance under this chapter.

``(b) Costs.--Payments for entitlement to educational assistance earned under this chapter shall be made from funds appropriated to, or otherwise made available to, the Department of Veterans Affairs for the payment of readjustment benefits.''.

(2) Clerical amendments.--The tables of chapters at the beginning of title 38, United States Code, and at the beginning of part III of such title, are each amended by inserting after the item relating to chapter 32 the following new item:

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

(b) Conforming Amendments.--

(1) Amendments relating to duplication of benefits.--

(A) Section 3033 of title 38, United States Code, is amended--

(i) in subsection (a)(1), by inserting ``33,'' after

``32,''; and

(ii) in subsection (c), by striking ``both the program established by this chapter and the program established by chapter 106 of title 10'' and inserting ``two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10''.

(B) Paragraph (4) of section 3695(a) of such title is amended to read as follows:

``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.

(2) Additional conforming amendments.--

(A) Title 38, United States Code, is further amended by inserting ``33,'' after ``32,'' each place it appears in the following provisions:

(i) In subsections (b) and (e)(1) of section 3485.

(ii) In section 3688(b).

(iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and

(e)(2) of section 3689.

(iv) In section 3690(b)(3)(A).

(v) In subsections (a) and (b) of section 3692.

(vi) In section 3697(a).

(B) Section 3697A(b)(1) of such title is amended by striking ``or 32'' and inserting ``32, or 33''.

(1) Individuals eligible to elect participation in post-9/11 educational assistance.--An individual may elect to receive educational assistance under chapter 33 of title 38, United States Code (as added by subsection (a)), if such individual--

(A) as of August 1, 2009--

(i) is entitled to basic educational assistance under chapter 30 of title 38, United States Code, and has used, but retains unused, entitlement under that chapter;

(ii) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10, United States Code, and has used, but retains unused, entitlement under the applicable chapter;

(iii) is entitled to basic educational assistance under chapter 30 of title 38, United States Code, but has not used any entitlement under that chapter;

(iv) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10, United States Code, but has not used any entitlement under such chapter;

(v) is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 of title 38, United States Code, and is making contributions toward such assistance under section 3011(b) or 3012(c) of such title; or

(vi) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of title 38, United States Code, by reason of an election under section 3011(c)(1) or 3012(d)(1) of such title; and

(B) as of the date of the individual's election under this paragraph, meets the requirements for entitlement to educational assistance under chapter 33 of title 38, United States Code (as so added).

(2) Cessation of contributions toward gi bill.--Effective as of the first month beginning on or after the date of an election under paragraph (1) of an individual described by subparagraph (A)(v) of that paragraph, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of title 38, United States Code, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual.

(3) Revocation of remaining transferred entitlement.--

(A) Election to revoke.--If, on the date an individual described in subparagraph (A)(i) or (A)(iii) of paragraph (1) makes an election under that paragraph, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of title 38, United States Code, is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized.

(B) Availability of revoked entitlement.--Any entitlement revoked by an individual under this paragraph shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of title 38, United States Code

(as so added), in accordance with the provisions of this subsection.

(C) Availability of unrevoked entitlement.--Any entitlement described in subparagraph (A) that is not revoked by an individual in accordance with that subparagraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of title 38, United States Code.

(4) Post-9/11 educational assistance.--

(A) In general.--Subject to subparagraph (B) and except as provided in paragraph (5), an individual making an election under paragraph (1) shall be entitled to educational assistance under chapter 33 of title 38, United States Code

(as so added), in accordance with the provisions of such chapter, instead of basic educational assistance under chapter 30 of title 38, United States Code, or educational assistance under chapter 107, 1606, or 1607 of title 10, United States Code, as applicable.

(B) Limitation on entitlement for certain individuals.--In the case of an individual making an election under paragraph

(1) who is described by subparagraph (A)(i) of that paragraph, the number of months of entitlement of the individual to educational assistance under chapter 33 of title 38, United States Code (as so added), shall be the number of months equal to--

(i) the number of months of unused entitlement of the individual under chapter 30 of title 38, United States Code, as of the date of the election, plus

(ii) the number of months, if any, of entitlement revoked by the individual under paragraph (3)(A).

(5) Continuing entitlement to educational assistance not available under 9/11 assistance program.--

(A) In general.--In the event educational assistance to which an individual making an election under paragraph (1) would be entitled under chapter 30 of title 38, United States Code, or chapter 107, 1606, or 1607 of title 10, United States Code, as applicable, is not authorized to be available to the individual under the provisions of chapter 33 of title 38, United States Code (as so added), the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter.

(B) Charge for use of entitlement.--The utilization by an individual of entitlement under subparagraph (A) shall be chargeable against the entitlement of the individual to educational assistance under chapter 33 of title 38, United States Code (as so added), at the rate of one month of entitlement under such chapter 33 for each month of entitlement utilized by the individual under subparagraph (A)

(as determined as if such entitlement were utilized under the provisions of chapter 30 of title 38, United States Code, or chapter 107, 1606, or 1607 of title 10, United States Code, as applicable).

(6) Additional post-9/11 assistance for members having made contributions toward gi bill.--

(A) Additional assistance.--In the case of an individual making an election under paragraph (1) who is described by clause (i), (iii), or (v) of subparagraph (A) of that paragraph, the amount of educational assistance payable to the individual under chapter 33 of title 38, United States Code (as so added), as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of such title (as so added), or under paragraphs (2) through (7) of that section

(as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to--

(i) the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of title 38, United States Code, as of the date of the election, multiplied by

(ii) the fraction--

(I) the numerator of which is--

(aa) the number of months of entitlement to basic educational assistance under chapter 30 of title 38, United States Code, remaining to the individual at the time of the election; plus

(bb) the number of months, if any, of entitlement under such chapter 30 revoked by the individual under paragraph

(3)(A); and

(II) the denominator of which is 36 months.

(B) Months of remaining entitlement for certain individuals.--In the case of an individual covered by subparagraph (A) who is described by paragraph (1)(A)(v), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of subparagraph (A)(ii)(I)(aa) shall be 36 months.

(C) Timing of payment.--The amount payable with respect to an individual under subparagraph (A) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of title 38, United States Code (as so added), or under paragraphs (2) through (7) of that section

(as applicable), before the exhaustion of the individual's entitlement to educational assistance under chapter 33 of such title (as so added).

(7) Continuing entitlement to additional assistance for critical skills or speciality and additional service.--An individual making an election under paragraph (1)(A) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of title 38, United States Code, or section 16131(i) of title 10, United States Code, or supplemental educational assistance under subchapter III of chapter 30 of title 38, United States Code, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under chapter 33 of title 38, United States Code (as so added), in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election.

(8) Irrevocability of elections.--An election under paragraph (1) or (3)(A) is irrevocable.

(d) Effective Date.--This section and the amendments made by this section shall take effect on August 1, 2009.

SEC. 4004. INCREASE IN AMOUNTS OF BASIC EDUCATIONAL

ASSISTANCE UNDER THE MONTGOMERY GI BILL.

(a) Educational Assistance Based on Three-Year Period of Obligated Service.--Subsection (a)(1) of section 3015 of title 38, United States Code, is amended--

(1) by striking subparagraphs (A) through (C) and inserting the following new subparagraph:

``(A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,321; and''; and

(2) by redesignating subparagraph (D) as subparagraph (B).

(b) Educational Assistance Based on Two-Year Period of Obligated Service.--Subsection (b)(1) of such section is amended--

(1) by striking subparagraphs (A) through (C) and inserting the following new subparagraph:

``(A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,073; and''; and

(2) by redesignating subparagraph (D) as subparagraph (B).

(c) Modification of Mechanism for Cost-of-Living Adjustments.--Subsection (h)(1) of such section is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:

``(A) the average cost of undergraduate tuition in the United States, as determined by the National Center for Education Statistics, for the last academic year preceding the beginning of the fiscal year for which the increase is made, exceeds

``(B) the average cost of undergraduate tuition in the United States, as so determined, for the academic year preceding the academic year described in subparagraph (A).''.

(d) Effective Date.--

(1) In general.--The amendments made by this section shall take effect on August 1, 2008.

(2) No cost-of-living adjustment for fiscal year 2009.--The adjustment required by subsection (h) of section 3015 of title 38, United States Code (as amended by this section), in rates of basic educational assistance payable under subsections (a) and (b) of such section (as so amended) shall not be made for fiscal year 2009.

SEC. 4005. MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT

OF STATE AND LOCAL AGENCIES ADMINISTERING

VETERANS EDUCATION BENEFITS.

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

TITLE V--EMERGENCY UNEMPLOYMENT COMPENSATION

federal-state agreements

Sec. 5001. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this title with the Secretary of Labor (in this title referred to as the ``Secretary''). Any State which is a party to an agreement under this title may, upon providing 30 days written notice to the Secretary, terminate such agreement.

(b) Provisions of Agreement.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of emergency unemployment compensation to individuals who--

(1) have exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year (excluding any benefit year that ended before May 1, 2007);

(2) have no rights to regular compensation or extended compensation with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (except as provided under subsection (e)); and

(3) are not receiving compensation with respect to such week under the unemployment compensation law of Canada.

(b)(1), an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when--

(1) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period; or

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

(d) Weekly Benefit Amount, Etc.--For purposes of any agreement under this title--

(1) the amount of emergency unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment;

(2) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for emergency unemployment compensation and the payment thereof, except where otherwise inconsistent with the provisions of this title or with the regulations or operating instructions of the Secretary promulgated to carry out this title; and

(3) the maximum amount of emergency unemployment compensation payable to any individual for whom an emergency unemployment compensation account is established under section 5002 shall not exceed the amount established in such account for such individual.

(e) Election by States.--Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to extended compensation to individuals who otherwise meet the requirements of this section.

emergency unemployment compensation account

Sec. 5002. (a) In General.--Any agreement under this title shall provide that the State will establish, for each eligible individual who files an application for emergency unemployment compensation, an emergency unemployment compensation account with respect to such individual's benefit year.

(b) Amount in Account.--

(1) In general.--The amount established in an account under subsection (a) shall be equal to the lesser of--

(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.

(1) In general.--Notwithstanding any other provision of this section, if, at the time that the individual's account is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), then, such account shall be augmented by an amount equal to the amount originally established in such account (as determined under subsection (b)(1)).

(2) Extended benefit period.--For purposes of paragraph

(1), a State shall be considered to be in an extended benefit period, as of any given time, if--

(A) such a period is then in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970;

(B) such a period would then be in effect for such State under such Act if section 203(d) of such Act--

(i) were applied by substituting ``4'' for ``5'' each place it appears; and

(ii) did not include the requirement under paragraph

(1)(A); or

(i) section 203(f) of such Act were applied to such State

(regardless of whether the State by law had provided for such application); and

(ii) such section 203(f)--

(I) were applied by substituting ``6.0'' for ``6.5'' in paragraph (1)(A)(i); and

(II) did not include the requirement under paragraph

(1)(A)(ii).

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

Sec. 5003. (a) General Rule.--There shall be paid to each State that has entered into an agreement under this title an amount equal to 100 percent of the emergency unemployment compensation paid to individuals by the State pursuant to such agreement.

(b) Treatment of Reimbursable Compensation.--No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this title or chapter 85 of title 5, United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this title in respect of such compensation.

(c) Determination of Amount.--Sums payable to any State by reason of such State having an agreement under this title shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this title for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.

financing provisions

Sec. 5004. (a) In General.--Funds in the extended unemployment compensation account (as established by section 905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the making of payments to States having agreements entered into under this title.

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

(c) Assistance to States.--There are appropriated out of the employment security administration account (as established by section 901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the Unemployment Trust Fund, without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the costs of administration of agreements under this title.

(d) Appropriations for Certain Payments.--There are appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as so established) of the Unemployment Trust Fund (as so established) such sums as the Secretary estimates to be necessary to make the payments under this section in respect of--

(1) compensation payable under chapter 85 of title 5, United States Code; and

(2) compensation payable on the basis of services to which section 3309(a)(1) of the Internal Revenue Code of 1986 applies.

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

fraud and overpayments

Sec. 5005. (a) In General.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of emergency unemployment compensation under this title to which such individual was not entitled, such individual--

(1) shall be ineligible for further emergency unemployment compensation under this title in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and

(2) shall be subject to prosecution under section 1001 of title 18, United States Code.

(b) Repayment.--In the case of individuals who have received amounts of emergency unemployment compensation under this title to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that--

(1) the payment of such emergency unemployment compensation was without fault on the part of any such individual; and

(2) such repayment would be contrary to equity and good conscience.

(1) In general.--The State agency may recover the amount to be repaid, or any part thereof, by deductions from any emergency unemployment compensation payable to such individual under this title or from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals received the payment of the emergency unemployment compensation to which they were not entitled, except that no single deduction may exceed 50 percent of the weekly benefit amount from which such deduction is made.

(2) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final.

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

definitions

Sec. 5006. In this title, the terms ``compensation'',

``regular compensation'', ``extended compensation'',

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

Sec. 5007. (a) In General.--Except as provided in subsection (b), an agreement entered into under this title shall apply to weeks of unemployment--

(1) beginning after the date on which such agreement is entered into; and

(2) ending on or before March 31, 2009.

(b) Transition for Amount Remaining in Account.--

(1) In general.--Subject to paragraphs (2) and (3), in the case of an individual who has amounts remaining in an account established under section 5002 as of the last day of the last week (as determined in accordance with the applicable State law) ending on or before March 31, 2009, emergency unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such last day for which the individual meets the eligibility requirements of this title.

(2) Limit on augmentation.--If the account of an individual is exhausted after the last day of such last week (as so determined), then section 5002(c) shall not apply and such account shall not be augmented under such section, regardless of whether such individual's State is in an extended benefit period (as determined under paragraph (2) of such section).

(3) Limit on compensation.--No compensation shall be payable by reason of paragraph (1) for any week beginning after June 30, 2009.

TITLE VI--OTHER HEALTH MATTERS

Sec. 6001. (a) Moratoria on Certain Medicaid Regulations.--

(1) Extension of certain moratoria in public law 110-28.--Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28) is amended--

(A) by striking ``prior to the date that is 1 year after the date of enactment of this Act'' and inserting ``prior to April 1, 2009'';

(B) in subparagraph (A), by inserting after ``Federal Regulations)'' the following: ``or in the final regulation, relating to such parts, published on May 29, 2007 (72 Federal Register 29748)''; and

(C) in subparagraph (C), by inserting before the period at the end the following: ``, including the proposed regulation published on May 23, 2007 (72 Federal Register 28930)''.

(2) Extension of certain moratoria in public law 110-173.--Section 206 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173) is amended--

(A) by striking ``June 30, 2008'' and inserting ``April 1, 2009'';

(B) by inserting ``, including the proposed regulation published on August 13, 2007 (72 Federal Register 45201),'' after ``rehabilitation services''; and

(C) by inserting ``, including the final regulation published on December 28, 2007 (72 Federal Register 73635),'' after ``school-based transportation''.

(3) Moratorium on interim final medicaid regulation relating to optional case management and targeted case management services.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to April 1, 2009, finalize, implement, enforce, or otherwise take any action (through promulgation of regulation, issuance of regulatory guidance, use of Federal payment audit procedures, or other administrative action, policy, or practice, including a Medical Assistance Manual transmittal or letter to State Medicaid directors) to impose any restrictions relating to the interim final regulation relating to optional State plan case management services and targeted case management services under the Medicaid program published on December 4, 2007 (72 Federal Register 68077) in its entirety.

(4) Additional moratoria.--

(A) In general.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to April 1, 2009, take any action (through promulgation of regulation, issuance of regulatory guidance, use of Federal payment audit procedures, or other administrative action, policy, or practice, including a Medical Assistance Manual transmittal or letter to State Medicaid directors) to impose any restrictions relating to a provision described in subparagraph (B) or (C) if such restrictions are more restrictive in any aspect than those applied to the respective provision as of the date specified in subparagraph

(D) for such provision.

(B) Proposed regulation relating to redefinition of medicaid outpatient hospital services.--The provision described in this subparagraph is the proposed regulation relating to clarification of outpatient clinic and hospital facility services definition and upper payment limit under the Medicaid program published on September 28, 2007 (72 Federal Register 55158) in its entirety.

(i) In general.--Subject to clause (ii), the provision described in this subparagraph is the final regulation relating to health-care-related taxes under the Medicaid program published on February 22, 2008 (73 Federal Register 9685) in its entirety.

(ii) Exception.--The provision described in this subparagraph does not include the portions of such regulation as relate to the following:

(I) Reduction in threshold.--The reduction from 6 percent to 5.5 percent in the threshold applied under section 433.68(f)(3)(i) of title 42, Code of Federal Regulations, for determining whether or not there is an indirect guarantee to hold a taxpayer harmless, as required to carry out section 1903(w)(4)(C)(ii) of the Social Security Act, as added by section 403 of the Medicare Improvement and Extension Act of 2006 (division B of Public Law 109-432).

(II) Change in definition of managed care.--The change in the definition of managed care as proposed in the revision of section 433.56(a)(8) of title 42, Code of Federal Regulations, as required to carry out section 1903(w)(7)(A)(viii) of the Social Security Act, as amended by section 6051 of the Deficit Reduction Act of 2005 (Public Law 109-171).

(D) Date specified.--The date specified in this subparagraph for the provision described in--

(i) subparagraph (B) is September 27, 2007; or

(ii) subparagraph (C) is February 21, 2008.

(b) Restoration of Access to Nominal Drug Pricing for Certain Clinics and Health Centers.--

(1) In general.--Section 1927(c)(1)(D) of the Social Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as added by section 6001(d)(2) of the Deficit Reduction Act of 2005

(Public Law 109-171), is amended--

(A) in clause (i)--

(i) by redesignating subclause (IV) as subclause (VI); and

(ii) by inserting after subclause (III) the following:

``(IV) An entity that--

``(aa) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Act or is State-owned or operated; and

``(bb) would be a covered entity described in section 340(B)(a)(4) of the Public Health Service Act insofar as the entity provides the same type of services to the same type of populations as a covered entity described in such section provides, but does not receive funding under a provision of law referred to in such section.

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

(B) by adding at the end the following new clause:

``(iv) Rule of construction.--Nothing in this subparagraph shall be construed to alter any existing statutory or regulatory prohibition on services with respect to an entity described in subclause (IV) or (V) of clause (i), including the prohibition set forth in section 1008 of the Public Health Service Act.''.

(2) Effective date.--The amendments made by this subsection shall take effect as if included in the amendment made by section 6001(d)(2) of the Deficit Reduction Act of 2005.

(1) Addition of authority.--Title XIX of the Social Security Act is amended by inserting after section 1939 the following new section:

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

``Sec. 1940. (a) Implementation.--

``(1) In general.--Subject to the provisions of this section, each State shall implement an asset verification program described in subsection (b), for purposes of determining or redetermining the eligibility of an individual for medical assistance under the State plan under this title.

``(2) Plan submittal.--In order to meet the requirement of paragraph (1), each State shall--

``(A) submit not later than a deadline specified by the Secretary consistent with paragraph (3), a State plan amendment under this title that describes how the State intends to implement the asset verification program; and

``(B) provide for implementation of such program for eligibility determinations and redeterminations made on or after 6 months after the deadline established for submittal of such plan amendment.

``(3) Phase-in.--

``(A) In general.--

``(i) Implementation in current asset verification demo states.--The Secretary shall require those States specified in subparagraph (C) (to which an asset verification program has been applied before the date of the enactment of this section) to implement an asset verification program under this subsection by the end of fiscal year 2009.

``(ii) Implementation in other states.--The Secretary shall require other States to submit and implement an asset verification program under this subsection in such manner as is designed to result in the application of such programs, in the aggregate for all such other States, to enrollment of approximately, but not less than, the following percentage of enrollees, in the aggregate for all such other States, by the end of the fiscal year involved:

``(I) 12.5 percent by the end of fiscal year 2009.

``(II) 25 percent by the end of fiscal year 2010.

``(III) 50 percent by the end of fiscal year 2011.

``(IV) 75 percent by the end of fiscal year 2012.

``(V) 100 percent by the end of fiscal year 2013.

``(B) Consideration.--In selecting States under subparagraph (A)(ii), the Secretary shall consult with the States involved and take into account the feasibility of implementing asset verification programs in each such State.

``(C) States specified.--The States specified in this subparagraph are California, New York, and New Jersey.

``(D) Construction.--Nothing in subparagraph (A)(ii) shall be construed as preventing a State from requesting, and the Secretary approving, the implementation of an asset verification program in advance of the deadline otherwise established under such subparagraph.

``(4) Exemption of territories.--This section shall only apply to the 50 States and the District of Columbia.

``(b) Asset Verification Program.--

``(1) In general.--For purposes of this section, an asset verification program means a program described in paragraph

(2) under which a State--

``(A) requires each applicant for, or recipient of, medical assistance under the State plan under this title on the basis of being aged, blind, or disabled to provide authorization by such applicant or recipient (and any other person whose resources are required by law to be disclosed to determine the eligibility of the applicant or recipient for such assistance) for the State to obtain (subject to the cost reimbursement requirements of section 1115(a) of the Right to Financial Privacy Act of 1978 but at no cost to the applicant or recipient) from any financial institution (within the meaning of section 1101(1) of such Act) any financial record

(within the meaning of section 1101(2) of such Act) held by the institution with respect to the applicant or recipient

(and such other person, as applicable), whenever the State determines the record is needed in connection with a determination with respect to such eligibility for (or the amount or extent of) such medical assistance; and

``(B) uses the authorization provided under subparagraph

(A) to verify the financial resources of such applicant or recipient (and such other person, as applicable), in order to determine or redetermine the eligibility of such applicant or recipient for medical assistance under the State plan.

``(2) Program described.--A program described in this paragraph is a program for verifying individual assets in a manner consistent with the approach used by the Commissioner of Social Security under section 1631(e)(1)(B)(ii).

``(c) Duration of Authorization.--Notwithstanding section 1104(a)(1) of the Right to Financial Privacy Act of 1978, an authorization provided to a State under subsection (b)(1)(A) shall remain effective until the earliest of--

``(1) the rendering of a final adverse decision on the applicant's application for medical assistance under the State's plan under this title;

``(2) the cessation of the recipient's eligibility for such medical assistance; or

``(3) the express revocation by the applicant or recipient

(or such other person described in subsection (b)(1)(A), as applicable) of the authorization, in a written notification to the State.

``(d) Treatment of Right to Financial Privacy Act Requirements.--

``(1) An authorization obtained by the State under subsection (b)(1) shall be considered to meet the requirements of the Right to Financial Privacy Act of 1978 for purposes of section 1103(a) of such Act, and need not be furnished to the financial institution, notwithstanding section 1104(a) of such Act.

``(2) The certification requirements of section 1103(b) of the Right to Financial Privacy Act of 1978 shall not apply to requests by the State pursuant to an authorization provided under subsection (b)(1).

``(3) A request by the State pursuant to an authorization provided under subsection (b)(1) is deemed to meet the requirements of section 1104(a)(3) of the Right to Financial Privacy Act of 1978 and of section 1102 of such Act, relating to a reasonable description of financial records.

``(e) Required Disclosure.--The State shall inform any person who provides authorization pursuant to subsection

(b)(1)(A) of the duration and scope of the authorization.

``(f) Refusal or Revocation of Authorization.--If an applicant for, or recipient of, medical assistance under the State plan under this title (or such other person described in subsection (b)(1)(A), as applicable) refuses to provide, or revokes, any authorization made by the applicant or recipient (or such other person, as applicable) under subsection (b)(1)(A) for the State to obtain from any financial institution any financial record, the State may, on that basis, determine that the applicant or recipient is ineligible for medical assistance.

``(g) Use of Contractor.--For purposes of implementing an asset verification program under this section, a State may select and enter into a contract with a public or private entity meeting such criteria and qualifications as the State determines appropriate, consistent with requirements in regulations relating to general contracting provisions and with section 1903(i)(2). In carrying out activities under such contract, such an entity shall be subject to the same requirements and limitations on use and disclosure of information as would apply if the State were to carry out such activities directly.

``(h) Technical Assistance.--The Secretary shall provide States with technical assistance to aid in implementation of an asset verification program under this section.

``(i) Reports.--A State implementing an asset verification program under this section shall furnish to the Secretary such reports concerning the program, at such times, in such format, and containing such information as the Secretary determines appropriate.

``(j) Treatment of Program Expenses.--Notwithstanding any other provision of law, reasonable expenses of States in carrying out the program under this section shall be treated, for purposes of section 1903(a), in the same manner as State expenditures specified in paragraph (7) of such section.''.

(2) State plan requirements.--Section 1902(a) of such Act

(42 U.S.C. 1396a(a)) is amended--

(A) in paragraph (69) by striking ``and'' at the end;

(B) in paragraph (70) by striking the period at the end and inserting ``; and''; and

``(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

``(24) if a State is required to implement an asset verification program under section 1940 and fails to implement such program in accordance with such section, with respect to amounts expended by such State for medical assistance for individuals subject to asset verification under such section, unless--

``(A) the State demonstrates to the Secretary's satisfaction that the State made a good faith effort to comply;

``(B) not later than 60 days after the date of a finding that the State is in noncompliance, the State submits to the Secretary (and the Secretary approves) a corrective action plan to remedy such noncompliance; and

``(C) not later than 12 months after the date of such submission (and approval), the State fulfills the terms of such corrective action plan.''.

(4) Repeal.--Section 4 of Public Law 110-90 is repealed.

Sec. 6002. Limitation on Medicare Exception to the Prohibition on Certain Physician Referrals for Hospitals.--

(a) In General.--Section 1877 of the Social Security Act

(42 U.S.C. 1395nn) is amended--

(1) in subsection (d)(2)--

(A) in subparagraph (A), by striking ``and'' at the end;

(B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and

``(C) in the case where the entity is a hospital, the hospital meets the requirements of paragraph (3)(D).'';

(2) in subsection (d)(3)--

(A) in subparagraph (B), by striking ``and'' at the end;

(B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and

``(D) the hospital meets the requirements described in subsection (i)(1) not later than 18 months after the date of the enactment of this subparagraph.''; and

(3) by adding at the end the following new subsection:

``(i) Requirements for Hospitals To Qualify for Hospital Exception to Ownership or Investment Prohibition.--

``(1) Requirements described.--For purposes of subsection

(d)(3)(D), the requirements described in this paragraph for a hospital are as follows:

``(A) Provider agreement.--The hospital had--

``(i) physician ownership on September 1, 2008; and

``(ii) a provider agreement under section 1866 in effect on such date.

``(B) Limitation on expansion of facility capacity.--Except as provided in paragraph (3), the number of operating rooms, procedure rooms, and beds of the hospital at any time on or after the date of the enactment of this subsection are no greater than the number of operating rooms, procedure rooms, and beds as of such date.

``(C) Preventing conflicts of interest.--

``(i) The hospital submits to the Secretary an annual report containing a detailed description of--

``(I) the identity of each physician owner and any other owners of the hospital; and

``(II) the nature and extent of all ownership interests in the hospital.

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

``(I) the ownership interest of such referring physician in the hospital; and

``(II) if applicable, any such ownership interest of the treating physician.

``(iii) The hospital does not condition any physician ownership interests either directly or indirectly on the physician owner making or influencing referrals to the hospital or otherwise generating business for the hospital.

``(iv) The hospital discloses the fact that the hospital is partially owned by physicians--

``(I) on any public website for the hospital; and

``(II) in any public advertising for the hospital.

``(D) Ensuring bona fide investment.--

``(i) Physician owners in the aggregate do not own more than the greater of--

``(I) 40 percent of the total value of the investment interests held in the hospital or in an entity whose assets include the hospital; or

``(II) the percentage of such total value determined on the date of enactment of this subsection.

``(ii) Any ownership or investment interests that the hospital offers to a physician owner are not offered on more favorable terms than the terms offered to a person who is not a physician owner.

``(iii) The hospital (or any investors in the hospital) does not directly or indirectly provide loans or financing for any physician owner investments in the hospital.

``(iv) The hospital (or any investors in the hospital) does not directly or indirectly guarantee a loan, make a payment toward a loan, or otherwise subsidize a loan, for any individual physician owner or group of physician owners that is related to acquiring any ownership interest in the hospital.

``(v) Investment returns are distributed to each investor in the hospital in an amount that is directly proportional to the ownership interest of such investor in the hospital.

``(vi) Physician owners do not receive, directly or indirectly, any guaranteed receipt of or right to purchase other business interests related to the hospital, including the purchase or lease of any property under the control of other investors in the hospital or located near the premises of the hospital.

``(vii) The hospital does not offer a physician owner the opportunity to purchase or lease any property under the control of the hospital or any other investor in the hospital on more favorable terms than the terms offered to an individual who is not a physician owner.

``(E) Patient safety.--

``(i) Insofar as the hospital admits a patient and does not have any physician available on the premises to provide services during all hours in which the hospital is providing services to such patient, before admitting the patient--

``(I) the hospital discloses such fact to a patient; and

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

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

``(I) provide assessment and initial treatment for patients; and

``(II) refer and transfer patients to hospitals with the capability to treat the needs of the patient involved.

``(F) Limitation on application to certain converted facilities.--The hospital was not converted from an ambulatory surgical center to a hospital on or after the date of enactment of this subsection.

``(2) Publication of information reported.--The Secretary shall publish, and update on an annual basis, the information submitted by hospitals under paragraph (1)(C)(i) on the public Internet website of the Centers for Medicare & Medicaid Services.

``(3) Exception to prohibition on expansion of facility capacity.--

``(A) Process.--

``(i) Establishment.--The Secretary shall establish and implement a process under which an applicable hospital (as defined in subparagraph (E)) may apply for an exception from the requirement under paragraph (1)(B).

``(ii) Opportunity for community input.--The process under clause (i) shall provide individuals and entities in the community that the applicable hospital applying for an exception is located with the opportunity to provide input with respect to the application.

``(iii) Timing for implementation.--The Secretary shall implement the process under clause (i) on November 1, 2009.

``(iv) Regulations.--Not later than November 1, 2009, the Secretary shall promulgate regulations to carry out the process under clause (i).

``(B) Frequency.--The process described in subparagraph (A) shall permit an applicable hospital to apply for an exception up to once every 2 years.

``(C) Permitted increase.--

``(i) In general.--Subject to clause (ii) and subparagraph

(D), an applicable hospital granted an exception under the process described in subparagraph (A) may increase the number of operating rooms, procedure rooms, and beds of the applicable hospital above the baseline number of operating rooms, procedure rooms, and beds of the applicable hospital

(or, if the applicable hospital has been granted a previous exception under this paragraph, above the number of operating rooms, procedure rooms, and beds of the hospital after the application of the most recent increase under such an exception).

``(ii) Lifetime 100 percent increase limitation.--The Secretary shall not permit an increase in the number of operating rooms, procedure rooms, and beds of an applicable hospital under clause (i) to the extent such increase would result in the number of operating rooms, procedure rooms, and beds of the applicable hospital exceeding 200 percent of the baseline number of operating rooms, procedure rooms, and beds of the applicable hospital.

``(iii) Baseline number of operating rooms, procedure rooms, and beds.--In this paragraph, the term `baseline number of operating rooms, procedure rooms, and beds' means the number of operating rooms, procedure rooms, and beds of the applicable hospital as of the date of enactment of this subsection.

``(D) Increase limited to facilities on the main campus of the hospital.--Any increase in the number of operating rooms, procedure rooms, and beds of an applicable hospital pursuant to this paragraph may only occur in facilities on the main campus of the applicable hospital.

``(E) Applicable hospital.--In this paragraph, the term

``applicable hospital'' means a hospital--

``(i) that is located in a county in which the percentage increase in the population during the most recent 5-year period (as of the date of the application under subparagraph

(A)) is at least 150 percent of the percentage increase in the population growth of the State in which the hospital is located during that period, as estimated by Bureau of the Census;

``(ii) whose annual percent of total inpatient admissions that represent inpatient admissions under the program under title XIX is equal to or greater than the average percent with respect to such admissions for all hospitals located in the county in which the hospital is located;

``(iii) that does not discriminate against beneficiaries of Federal health care programs and does not permit physicians practicing at the hospital to discriminate against such beneficiaries;

``(iv) that is located in a State in which the average bed capacity in the State is less than the national average bed capacity; and

``(v) that has an average bed occupancy rate that is greater than the average bed occupancy rate in the State in which the hospital is located.

``(F) Procedure rooms.--In this subsection, the term

`procedure rooms' includes rooms in which catheterizations, angiographies, angiograms, and endoscopies are performed, except such term shall not include emergency rooms or departments (exclusive of rooms in which catheterizations, angiographies, angiograms, and endoscopies are performed).

``(G) Publication of final decisions.--Not later than 60 days after receiving a complete application under this paragraph, the Secretary shall publish in the Federal Register the final decision with respect to such application.

``(H) Limitation on review.--There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the process under this paragraph

(including the establishment of such process).

``(4) Collection of ownership and investment information.--For purposes of subparagraphs (A)(i) and (D)(i) of paragraph

(1), the Secretary shall collect physician ownership and investment information for each hospital.

``(5) Physician owner defined.--For purposes of this subsection, the term `physician owner' means a physician (or an immediate family member of such physician) with a direct or an indirect ownership interest in the hospital.''.

(b) Enforcement.--

(1) Ensuring compliance.--The Secretary of Health and Human Services shall establish policies and procedures to ensure compliance with the requirements described in subsection

(i)(1) of section 1877 of the Social Security Act, as added by subsection (a)(3), beginning on the date such requirements first apply. Such policies and procedures may include unannounced site reviews of hospitals.

(2) Audits.--Beginning not later than January 1, 2010, the Secretary of Health and Human Services shall conduct audits to determine if hospitals violate the requirements referred to in paragraph (1).

Sec. 6003. Medicare Improvement Fund.--

Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section:

``medicare improvement fund

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

``(b) Funding.--

``(1) In general.--There shall be available to the Fund, for expenditures from the Fund for services furnished during fiscal year 2014, $3,340,000,000.

``(2) Payment from trust funds.--The amount specified under paragraph (1) shall be available to the Fund, as expenditures are made from the Fund, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund in such proportion as the Secretary determines appropriate.

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

Sec. 6004. Moratorium on August 17, 2007 CMS Directive. Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to April 1, 2009, finalize, implement, enforce, or otherwise take any action to give effect to any or all components of the State Health Official Letter 07-001, dated August 17, 2007, issued by the Director of the Center for Medicaid and State Operations in the Centers for Medicare & Medicaid Services regarding certain requirements under the State Children's Health Insurance Program (CHIP) relating to the prevention of the substitution of health benefits coverage for children

(commonly referred to as ``crowd-out'') and the enforcement of medical support orders (or to any similar administrative actions that reflect the same or similar policies set forth in such letter). Any change made on or after August 17, 2007, to a Medicaid or CHIP State plan or waiver to implement, conform to, or otherwise adhere to the requirements or policies in such letter shall not apply prior to April 1, 2009.

Sec. 6005. Adjustment to PAQI Fund. Section 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section 101(a)(2) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended--

(1) in subparagraph (A)(i)--

(A) in subclause (III), by striking ``$4,960,000,000'' and inserting ``$3,940,000,000''; and

(B) by adding at the end the following new subclause:

``(IV) For expenditures during 2014, an amount equal to

$3,750,000,000.'';

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

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

(3) in subparagraph (B)--

(A) in clause (ii), by striking ``and'' at the end;

(B) in clause (iii), by striking the period at the end and inserting ``; and''; and

``(iv) 2014 for payment with respect to physicians' services furnished during 2014.''.

TITLE VII--ACCOUNTABILITY AND COMPETITION IN GOVERNMENT CONTRACTING

CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE

short title

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

revision of the federal acquisition regulation

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

definition

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

CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY

short title

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

financial disclosure requirements for certain recipients of federal awards

Sec. 7202. (a) Disclosure Requirements.--Section 2(b)(1) of the Federal Funding Accountability and Transparency Act

(Public Law 109-282; 31 U.S.C. 6101 note) is amended--

(1) by striking ``and'' at the end of subparagraph (E);

(2) by redesignating subparagraph (F) as subparagraph (G); and

(3) by inserting after subparagraph (E) the following new subparagraph:

``(F) the names and total compensation of the five most highly compensated officers of the entity if--

``(i) the entity in the preceding fiscal year received--

``(I) 80 percent or more of its annual gross revenues in Federal awards; and

``(II) $25,000,000 or more in annual gross revenues from Federal awards; and

``(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.''.

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

TITLE VIII

GENERAL PROVISIONS--THIS ACT

availability of funds

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

emergency designation

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

avoidance of u.s. payroll tax contributions

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

EXPLANATORY STATEMENT

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

short title

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

______

SA 4804. Mr. REID proposed an amendment to amendment SA 4803 proposed by Mr. REID to the House amendment numbered 2 to the amendment of the Senate to the bill H.R. 2642, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; as follows:

Strike all after the word ``TITLE'' on page 2, line 1, and insert the following: