Public Law 110-252 — 122 Stat. 2323 — Supplemental Appropriations Act, 2008 (June 30, 2008)
Summary
Public Law 110-252 (H.R. 2642, 122 Stat. 2323) of June 30, 2008 is the Supplemental Appropriations Act, 2008, making appropriations for the fiscal year ending September 30, 2008. Title I funds military construction, veterans affairs, international affairs and other security-related matters, and Titles II and III cover domestic matters and natural disaster relief and recovery. Title IV sets up emergency unemployment compensation through agreements between States and the Secretary of Labor. Title V provides veterans educational assistance, and Title VI includes the Close the Contractor Fraud Loophole Act. Title VII contains Medicaid provisions.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2323
Public Law 110–252
110th Congress
An Act
Making appropriations for military construction, the Department of Veterans Affairs,
June 30, 2008
and related agencies for the fiscal year ending September 30, 2008, and for
other purposes. [H.R. 2642]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the Supplemental
following sums are appropriated, out of any money in the Treasury Appropriations
Act, 2008.
not otherwise appropriated, for the fiscal year ending September
30, 2008, and for other purposes, namely:
TITLE I—MILITARY CONSTRUCTION, VETERANS AFFAIRS,
INTERNATIONAL AFFAIRS, AND OTHER SECURITY-RE-
LATED MATTERS
CHAPTER 1—AGRICULTURE
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
PUBLIC LAW 480 TITLE II GRANTS
For an additional amount for ‘‘Public Law 480 Title II Grants’’,
$850,000,000, to remain available until expended.
For an additional amount for ‘‘Public Law 480 Title II Grants’’,
$395,000,000, to become available on October 1, 2008, and to remain
available until expended.
CHAPTER 2—JUSTICE
DEPARTMENT OF JUSTICE
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector General’’,
$4,000,000, to remain available until September 30, 2009.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for ‘‘Salaries and Expenses, General
Legal Activities’’, $1,648,000, to remain available until September
dkrause on GSDDPC44 with PUBLIC LAWS
30, 2009.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2324 PUBLIC LAW 110–252—JUNE 30, 2008
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Expenses, United
States Attorneys’’, $5,000,000, to remain available until September
30, 2009.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$28,621,000, to remain available until September 30, 2009.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$106,122,000, to remain available until September 30, 2009.
For an additional amount for ‘‘Salaries and Expenses’’,
$82,600,000, to become available on October 1, 2008, and to remain
available until September 30, 2009.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$29,861,000, to remain available until September 30, 2009.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$4,000,000, to remain available until September 30, 2009.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$9,100,000, to remain available until September 30, 2009.
GENERAL PROVISION, THIS CHAPTER
SEC. 1201. Funds appropriated by this chapter, or made avail-
able by the transfer of funds in this chapter, for intelligence or
intelligence related activities are deemed to be specifically author-
ized by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414).
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2325
CHAPTER 3—MILITARY CONSTRUCTION AND VETERANS
AFFAIRS
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’,
$1,108,200,000, of which $921,000,000 shall remain available until
September 30, 2009, and of which $187,200,000 for child develop-
ment centers and trainee and recruit facilities (including planning
and design) shall remain available until September 30, 2012: Pro-
vided, That notwithstanding any other provision of law, such funds
may be obligated and expended to carry out planning and design
and military construction projects not otherwise authorized by law:
Provided further, That of the funds provided under this heading,
not to exceed $73,400,000 shall be available for study, planning,
design, and architect and engineer services: Provided further, That Certification.
funds provided under this heading for Iraq shall not be obligated Iraq.
or expended until the Secretary of Defense certifies to the Commit-
tees on Appropriations of both Houses of Congress that none of
the funds are to be used for the purpose of providing facilities
for the permanent basing of United States military personnel in
Iraq.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $355,907,000, of which $295,516,000 shall
remain available until September 30, 2009, and of which
$60,391,000 for child development centers and trainee and recruit
facilities (including planning and design) shall remain available
until September 30, 2012: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction projects
not otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $15,843,000 shall
be available for study, planning, design, and architect and engineer
services.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$399,627,000, of which $361,600,000 shall remain available until
September 30, 2009, and of which $38,027,000 for child development
centers (including planning and design) shall remain available until
September 30, 2012: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction projects
not otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $36,427,000 shall
be available for study, planning, design, and architect and engineer
services: Provided further, That funds provided under this heading Certification.
for Iraq shall not be obligated or expended until the Secretary Iraq.
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
dkrause on GSDDPC44 with PUBLIC LAWS
United States military personnel in Iraq.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2326 PUBLIC LAW 110–252—JUNE 30, 2008
MILITARY CONSTRUCTION, DEFENSE-WIDE
For an additional amount for ‘‘Military Construction, Defense-
Wide’’, $890,921,000, of which $27,600,000 shall remain available
until September 30, 2009, and of which $863,321,000 for medical
treatment facilities (including planning and design) shall remain
available until September 30, 2012: Provided, That notwithstanding
any other provision of law, such funds may be obligated and
expended to carry out planning and design and military construction
projects not otherwise authorized by law.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Family Housing Construction,
Navy and Marine Corps’’, $11,766,000, to remain available until
September 30, 2009: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction projects
not otherwise authorized by law.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$1,278,886,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and mili-
tary construction projects not otherwise authorized by law.
DEPARTMENT OF VETERANS AFFAIRS
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For an additional amount for ‘‘General Operating Expenses’’,
$100,000,000, to remain available until September 30, 2009.
INFORMATION TECHNOLOGY SYSTEMS
For an additional amount for ‘‘Information Technology Sys-
tems’’, $20,000,000, to remain available until September 30, 2009.
CONSTRUCTION, MAJOR PROJECTS
For an additional amount for ‘‘Construction, Major Projects’’,
$396,377,000, to remain available until expended, which shall be
for acceleration and completion of planned major construction of
Level I polytrauma rehabilitation centers as identified in the
Department of Veterans Affairs’ Five Year Capital Plan: Provided,
That notwithstanding any other provision of law, such funds may
be obligated and expended to carry out planning and design and
major medical facility construction not otherwise authorized by
Deadline. law: Provided further, That within 30 days of enactment of this
Expenditure Act the Secretary shall submit to the Committees on Appropriations
plan. of both Houses of Congress an expenditure plan for funds provided
dkrause on GSDDPC44 with PUBLIC LAWS
under this heading.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2327
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1301. In addition to amounts otherwise appropriated or
made available under the heading ‘‘Military Construction, Army’’,
there is hereby appropriated an additional $200,000,000, to remain
available until September 30, 2012, to accelerate barracks improve-
ments at Department of Army installations: Provided, That notwith-
standing any other provision of law, such funds may be obligated
and expended to carry out planning and design and barracks
construction not otherwise authorized by law: Provided further,
That within 30 days of enactment of this Act the Secretary of Deadline.
the Army shall submit to the Committees on Appropriations of Expenditure
both Houses of Congress an expenditure plan for barracks construc- plan.
tion prior to obligation.
SEC. 1302. None of the funds appropriated in this or any President.
other Act may be used to disestablish, reorganize, or relocate the
Armed Forces Institute of Pathology, except for the Armed Forces
Medical Examiner, until the President has established, as required
by section 722 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110–181; 122 Stat. 199; 10 U.S.C. 176
note), a Joint Pathology Center.
SEC. 1303. (a) LIMITATION ON AUTHORITY.— Combat Veterans
(1) IN GENERAL.—Chapter 53 of title 38, United States Debt Elimination
Code, is amended by inserting after section 5302 the following Act of 2008.
new section:
‘‘§ 5302A Collection of indebtedness: certain debts of mem-
bers 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 Sec-
retary, 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 pro-
gram 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 38 USC 5302A
of an indebtedness of a covered individual, as described in section note.
dkrause on GSDDPC44 with PUBLIC LAWS
5302A(a) of title 38, United States Code, as added by subsection
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2328 PUBLIC LAW 110–252—JUNE 30, 2008
(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.
Applicability. (c) EFFECTIVE DATE.—The amendments made by this section
38 USC 5302A shall take effect on the date of the enactment of this Act, and
note. shall apply with respect to collections of indebtedness of members
of the Armed Forces and veterans who die on or after September
11, 2001.
38 USC 101 note. (d) SHORT TITLE.—This section may be cited as the ‘‘Combat
Veterans Debt Elimination Act of 2008’’.
CHAPTER 4—DEPARTMENT OF STATE AND FOREIGN
OPERATIONS
SUBCHAPTER A—SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2008
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Consular Pro-
grams’’, $1,465,700,000, to remain available until September 30,
2009, of which $210,400,000 is for worldwide security protection
and shall remain available until expended: Provided, That not
more than $1,150,000,000 of the funds appropriated under this
heading shall be available for diplomatic operations in Iraq: Pro-
vided further, That of the funds appropriated under this heading,
not more than $30,000,000 shall be made available to establish
and implement a coordinated civilian response capacity at the
United States Department of State.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Office of Inspector General’’,
$9,500,000, to remain available until September 30, 2009: Provided,
That $2,500,000 shall be transferred to the Special Inspector Gen-
eral for Iraq Reconstruction for reconstruction oversight, and
$2,000,000 shall be transferred to the Special Inspector General
for Afghanistan Reconstruction for reconstruction oversight.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security, Construction,
and Maintenance’’, $76,700,000, to remain available until expended,
for facilities in Afghanistan.
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00006 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2329
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ‘‘Contributions to International
Organizations’’, $66,000,000, to remain available until September
30, 2009.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ‘‘Contributions for International
Peacekeeping Activities’’, $373,708,000, to remain available until
September 30, 2009, of which $333,600,000 shall be made available
for the United Nations-African Union Hybrid Mission in Darfur.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broadcasting Oper-
ations’’, $2,000,000, to remain available until September 30, 2009.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ‘‘International Disaster Assist-
ance’’, $220,000,000, to remain available until expended.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development’’, $150,500,000, to
remain available until September 30, 2009: Provided, That of the
funds appropriated under this heading, not more than $25,000,000
shall be made available to establish and implement a coordinated
civilian response capacity at the United States Agency for Inter-
national Development.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development Office of Inspector
General’’, $4,000,000, to remain available until September 30, 2009.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For an additional amount for ‘‘Economic Support Fund’’,
$1,882,500,000, to remain available until September 30, 2009, of
dkrause on GSDDPC44 with PUBLIC LAWS
which not more than $424,000,000 may be made available for
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00007 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2330 PUBLIC LAW 110–252—JUNE 30, 2008
assistance for Iraq, $175,000,000 shall be made available for assist-
ance 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: Pro-
vided, That not more than $171,000,000 of the funds appropriated
under this heading in this subchapter shall be made available
for assistance for the West Bank and Gaza and none of such
funds shall be for cash transfer assistance: Provided further, That
of the funds appropriated under this heading, $1,000,000 shall
be made available for the Office of the United Nations High
Reports. Commissioner for Human Rights in Mexico: Provided further, That
the funds made available under this heading for energy-related
assistance for North Korea may be made available to support the
goals of the Six Party Talks Agreements after the Secretary of
State determines and reports to the Committees on Appropriations
that North Korea is continuing to fulfill its commitments under
such agreements.
DEPARTMENT OF STATE
DEMOCRACY FUND
For an additional amount for ‘‘Democracy Fund’’, $76,000,000,
to remain available until September 30, 2009, of which $75,000,000
shall be for democracy programs in Iraq and $1,000,000 shall be
for democracy programs in Chad.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $390,300,000, to remain available until
September 30, 2009, of which not more than $25,000,000 shall
be made available for security assistance for the West Bank.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’, $315,000,000, to remain available until expended.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND
For an additional amount for ‘‘United States Emergency Ref-
ugee and Migration Assistance Fund’’, $31,000,000, to remain avail-
able until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For an additional amount for ‘‘Nonproliferation, Anti-Terrorism,
Demining and Related Programs’’, $13,700,000, to remain available
until September 30, 2009.
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00008 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2331
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Financing Pro-
gram’’, $137,500,000, to remain available until September 30, 2009,
of which $17,000,000 shall be made available for assistance for
Jordan and up to $116,500,000 may be made available for assistance
for Mexico.
Not more than $1,350,000 of the funds appropriated or other-
wise made available under the heading ‘‘Foreign Military Financing
Program’’ by the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public
Law 110–161) that were previously transferred to and merged with
‘‘Diplomatic and Consular Programs’’ may be made available for
any purposes authorized for that account, of which up to $500,000
shall be made available to increase the capacity of the United
States Embassy in Mexico City to implement section 620J of the
Foreign Assistance Act of 1961: Provided, That funds made available
by this paragraph shall not be subject to Section 8002 of this
Act.
SUBCHAPTER B—BRIDGE FUND SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2009
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Consular Pro-
grams’’, $704,900,000, which shall become available on October
1, 2008, and remain available through September 30, 2009: Pro-
vided, That of the funds appropriated under this heading,
$78,400,000 is for worldwide security protection and shall remain
available until expended: Provided further, That not more than
$550,500,000 of the funds appropriated under this heading shall
be available for diplomatic operations in Iraq.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Office of Inspector General’’,
$57,000,000, which shall become available on October 1, 2008, and
remain available through September 30, 2009: Provided, That
$36,500,000 shall be transferred to the Special Inspector General
for Iraq Reconstruction for reconstruction oversight and $5,000,000
shall be transferred to the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security, Construction,
dkrause on GSDDPC44 with PUBLIC LAWS
and Maintenance’’, $41,300,000, which shall become available on
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00009 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2332 PUBLIC LAW 110–252—JUNE 30, 2008
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 avail-
able 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 Oper-
ations’’, $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 Sur-
vival’’, $75,000,000, which shall become available on October 1,
2008, and remain available through September 30, 2009, for pro-
grams 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 assist-
ance 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
Deadline. local or regional purchase and distribution of food: Provided further,
Reports. 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
dkrause on GSDDPC44 with PUBLIC LAWS
significant food shortages.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00010 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2333
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ‘‘International Disaster Assist-
ance’’, $200,000,000, which shall become available on October 1,
2008, and remain available until expended.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development’’, $93,000,000, which
shall become available on October 1, 2008, and remain available
through September 30, 2009.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development Office of Inspector
General’’, $1,000,000, which shall become available on October 1,
2008, and remain available through September 30, 2009.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For an additional amount for ‘‘Economic Support Fund’’,
$1,124,800,000, which shall become available on October 1, 2008,
and remain available through September 30, 2009, of which not
more than $102,500,000 may be made available for assistance for
Iraq, $100,000,000 shall be made available for assistance for Jordan,
not more than $455,000,000 may be made available for assistance
for Afghanistan, not more than $150,000,000 may be made available
for assistance for Pakistan, not more than $150,000,000 shall be
made available for assistance for the West Bank and Gaza, and
$15,000,000 may be made available for energy-related assistance
for North Korea, notwithstanding any other provision of law.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $199,000,000, which shall become available
on October 1, 2008, and remain available through September 30,
2009: Provided, That not more than $50,000,000 of the funds appro-
priated under this heading shall be made available for security
assistance for the West Bank and up to $48,000,000 may be made
available for assistance for Mexico.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’, $350,000,000, which shall become available on October 1,
dkrause on GSDDPC44 with PUBLIC LAWS
2008, and remain available until expended.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00011 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2334 PUBLIC LAW 110–252—JUNE 30, 2008
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
Deadline. For an additional amount for ‘‘Foreign Military Financing Pro-
gram’’, $302,500,000, which shall become available on October 1,
2008, and remain available through September 30, 2009, of which
$100,000,000 shall be made available for assistance for Jordan,
and not less than $170,000,000 shall be available for grants only
for Israel and shall be disbursed not later than November 1, 2008:
Applicability. Provided, That section 3802(c) of title III, chapter 8 of Public
Law 110–28 shall apply to funds made available under this heading
for assistance for Lebanon.
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Operations’’,
$95,000,000, which shall become available on October 1, 2008, and
remain available through September 30, 2009.
SUBCHAPTER C—GENERAL PROVISIONS, THIS CHAPTER
EXTENSION OF AUTHORITIES
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 Authori-
ties Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1)).
IRAQ
Certification. SEC. 1402. (a) ASSET TRANSFER AGREEMENT.—
Reports. (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 imple-
menting, an asset transfer agreement that includes commit-
ments 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.
Lists. (b) ANTI-CORRUPTION.—Not more than 40 percent of the funds
appropriated by this chapter for rule of law programs in Iraq
dkrause on GSDDPC44 with PUBLIC LAWS
may be made available for assistance for the Government of Iraq
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00012 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2335
until the Secretary of State reports to the Committees on Appropria-
tions that a comprehensive anti-corruption strategy has been devel-
oped, 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 cor-
rupt 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, pro-
grams, and eventual winding down and close out, including
security for PRT personnel and anticipated Government of Iraq
contributions; and
(3) anticipated placement and cost estimates of future
United States Consulates in Iraq.
(d) COMMUNITY STABILIZATION PROGRAM.—Not more than 50
percent of the funds appropriated by this chapter for the Community
Stabilization Program in Iraq may be made available until the
Secretary of State certifies and reports to the Committees on Appro-
priations that the United States Agency for International Develop-
ment is implementing recommendations contained in Office of
Inspector General Audit Report No. E-267-08-001-P to ensure
accountability of funds.
(e) MATCHING REQUIREMENT.—
(1) Notwithstanding any other provision of law, funds
appropriated by this chapter for assistance for Iraq shall be
made available only to the extent that the Government of
Iraq matches such assistance on a dollar-for-dollar basis.
(2) Paragraph (1) shall not apply to funds made available
for—
(A) grants and cooperative agreements for programs
to promote democracy and human rights;
(B) the Community Action Program and other assist-
ance through civil society organizations;
(C) humanitarian demining; or
(D) assistance for refugees, internally displaced per-
sons, and civilian victims of the military operations.
(3) The Secretary of State shall certify to the Committees Deadlines.
on Appropriations prior to the initial obligation of funds pursu-
ant 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 Appro-
priations 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, Deadline.
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 assist-
dkrause on GSDDPC44 with PUBLIC LAWS
ance the Government of Iraq plans to provide in fiscal year
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00013 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2336 PUBLIC LAW 110–252—JUNE 30, 2008
2008. The Secretary shall work expeditiously with the Govern-
ment of Iraq to establish an account within its annual budget
sufficient to, at a minimum, match United States contributions
on a dollar-for-dollar basis to organizations and programs for
the purpose of assisting Iraqi refugees.
AFGHANISTAN
SEC. 1403. (a) ASSISTANCE FOR WOMEN AND GIRLS.—Funds
appropriated by this chapter under the heading ‘‘Economic Support
Fund’’ that are available for assistance for Afghanistan shall be
made available, to the maximum extent practicable, through local
Afghan provincial and municipal governments and Afghan civil
society organizations and in a manner that emphasizes the partici-
pation of Afghan women and directly improves the economic, social
and political status of Afghan women and girls.
(b) HIGHER EDUCATION.—Of the funds appropriated by this
chapter under the heading ‘‘Economic Support Fund’’ that are made
available for education programs in Afghanistan, not less than
50 percent shall be made available to support higher education
and vocational training programs in law, accounting, engineering,
public administration, and other disciplines necessary to rebuild
the country, in which the participation of women is emphasized.
(c) POST-OPERATIONS ASSISTANCE.—Of the funds appropriated
by this chapter under the heading ‘‘Economic Support Fund’’ that
are available for assistance for Afghanistan, not less than
$2,000,000 shall be made available for a United States contribution
to the North Atlantic Treaty Organization/International Security
Assistance Force Post-Operations Humanitarian Relief Fund.
Deadline. (d) ANTI-CORRUPTION.—Not later than 90 days after the enact-
Reports. ment 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 govern-
ments, including to remove and prosecute officials who have
committed corrupt acts;
Lists. (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
Certification. (3) certify and report to the Committees on Appropriations
that effective mechanisms are in place to ensure that assistance
to national government ministries and provincial governments
will be properly accounted for.
WEST BANK
Deadlines. SEC. 1404. Not later than 90 days after the date of enactment
Reports. of this Act and 180 days thereafter, the Secretary of State shall
submit to the Committees on Appropriations a report on assistance
provided by the United States for the training of Palestinian secu-
rity forces, including detailed descriptions of the training, cur-
riculum, and equipment provided; an assessment of the training
and the performance of forces after training has been completed;
and a description of the assistance that has been pledged and
provided to Palestinian security forces by other donors: Provided,
That not later than 90 days after the date of enactment of this
dkrause on GSDDPC44 with PUBLIC LAWS
Act, the Secretary of State shall report to the Committees on
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00014 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2337
Appropriations, in classified form if necessary, on the security
strategy of the Palestinian Authority.
WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA
SEC. 1405. (a) WAIVER AUTHORITY.— 22 USC
(1) IN GENERAL.—Except as provided in subsection (b), the 2799aa–1 note.
President may waive in whole or in part, with respect to North
Korea, the application of any sanction contained in subpara-
graph (A), (B), (D) or (G) under section 102(b)(2) of the Arms
Export Control Act (22 U.S.C. 2799aa–1(b)), for the purpose
of providing assistance related to—
(A) the implementation and verification of the compli-
ance by North Korea with its commitment, undertaken
in the Joint Statement of September 19, 2005, to abandon
all nuclear weapons and existing nuclear programs as part
of the verifiable denuclearization of the Korean Peninsula;
and
(B) the elimination of the capability of North Korea
to develop, deploy, transfer, or maintain weapons of mass
destruction and their delivery systems.
(2) LIMITATION.—The authority under paragraph (1) shall Expiration date.
expire 5 years after the date of enactment of this Act.
(b) EXCEPTIONS.—
(1) LIMITED EXCEPTION RELATED TO CERTAIN SANCTIONS
AND PROHIBITIONS.—The authority under subsection (a) shall President.
not apply with respect to a sanction or prohibition under Certification.
subparagraph (B) or (G) of section 102(b)(2) of the Arms Export
Control Act, unless the President determines and certifies to
the appropriate congressional committees that—
(A) all reasonable steps will be taken to assure that
the articles or services exported or otherwise provided will
not be used to improve the military capabilities of the
armed forces of North Korea; and
(B) such waiver is in the national security interests
of the United States.
(2) LIMITED EXCEPTION RELATED TO CERTAIN ACTIVITIES.— President.
Unless the President determines and certifies to the appropriate Certification.
congressional committees that using the authority under sub-
section (a) is vital to the national security interests of the
United States, such authority shall not apply with respect
to—
(A) an activity described in subparagraph (A) of section
102(b)(1) of the Arms Export Control Act that occurs after
September 19, 2005, and before the date of the enactment
of this Act;
(B) an activity described in subparagraph (C) of such
section that occurs after September 19, 2005; or
(C) an activity described in subparagraph (D) of such
section that occurs after the date of enactment of this
Act.
(3) EXCEPTION RELATED TO CERTAIN ACTIVITIES OCCURRING
AFTER DATE OF ENACTMENT.—The authority under subsection
(a) shall not apply with respect to an activity described in
subparagraph (A) or (B) of section 102(b)(1) of the Arms Export
Control Act that occurs after the date of the enactment of
dkrause on GSDDPC44 with PUBLIC LAWS
this Act.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00015 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2338 PUBLIC LAW 110–252—JUNE 30, 2008
(4) LIMITED EXCEPTION RELATED TO LETHAL WEAPONS.—
The authority under subsection (a) shall not apply with respect
to any export of lethal defense articles that would be prevented
by the application of section 102(b)(2) of the Arms Export
Control Act.
President. (c) NOTIFICATIONS AND REPORTS.—
(1) CONGRESSIONAL NOTIFICATION.—The President shall
notify the appropriate congressional committees in writing not
later than 15 days before exercising the waiver authority under
subsection (a).
(2) ANNUAL REPORT.—Not later than January 31, 2009,
and annually thereafter, the President shall submit to the
appropriate congressional committees a report that—
(A) lists all waivers issued under subsection (a) during
the preceding year;
(B) describes in detail the progress that is being made
in the implementation of the commitment undertaken by
North Korea, in the Joint Statement of September 19,
2005, to abandon all nuclear weapons and existing nuclear
programs as part of the verifiable denuclearization of the
Korean Peninsula;
(C) discusses specifically any shortcomings in the
implementation by North Korea of that commitment; and
(D) lists and describes the progress and shortcomings,
in the preceding year, of all other programs promoting
the elimination of the capability of North Korea to develop,
deploy, transfer, or maintain weapons of mass destruction
or their delivery systems.
(3) REPORT ON VERIFICATION MEASURES RELATING TO NORTH
KOREA’S NUCLEAR PROGRAMS.—
(A) IN GENERAL.—Not later than 15 days after the
date of enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a
report on verification measures relating to North Korea’s
nuclear programs under the Six-Party Talks Agreement
of February 13, 2007, with specific focus on how such
verification measures are defined under the Six-Party Talks
Agreement and understood by the United States Govern-
ment.
(B) MATTERS TO BE INCLUDED.—The report required
under subsection (A) shall include, among other elements,
a description of—
(i) how the United States will confirm that North
Korea has ‘‘provided a complete and correct declaration
of all of its nuclear programs’’;
(ii) how the United States will maintain a high
and ongoing level of confidence that North Korea has
fully met the terms of the Six-Party Talks Agreement
relating to its nuclear programs;
(iii) any diplomatic agreement with North Korea
regarding verification measures relating to North
Korea’s nuclear programs under the Six-Party Talks
Agreement (other than implementing arrangements
made during on-site operations); and
(iv) any significant and continuing disagreement
dkrause on GSDDPC44 with PUBLIC LAWS
with North Korea regarding verification measures
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00016 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2339
relating to North Korea’s nuclear programs under the
Six-Party Talks Agreement.
(C) FORM.—The report required under subsection (A)
shall be submitted in unclassified form, but may include
a classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committees on Appropriations, Armed Services,
and Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services,
and Foreign Affairs of the House of Representatives.
MEXICO
SEC. 1406. (a) ASSISTANCE FOR MEXICO.—Of the funds appro-
priated under the headings ‘‘International Narcotics Control and
Law Enforcement’’, ‘‘Foreign Military Financing Program’’, and
‘‘Economic Support Fund’’ in this chapter, not more than
$352,000,000 of the funds appropriated in subchapter A and
$48,000,000 of the funds appropriated in subchapter B may be
made available for assistance for Mexico, only to combat drug
trafficking and related violence and organized crime, and for judicial
reform, institution building, anti-corruption, and rule of law activi-
ties, of which not less than $73,500,000 shall be used for judicial
reform, institution building, anti-corruption, and rule of law activi-
ties: Provided, That none of the funds made available under this
section shall be made available for budget support or as cash
payments: Provided further, That not more than 45 days after Deadline.
enactment of this Act, and after consulting with relevant Mexican Reports.
Government authorities, the Secretary of State shall report in
writing to the Committees on Appropriations on the procedures
in place to implement section 620J of the Foreign Assistance Act
of 1961.
(b) ALLOCATION OF FUNDS.—Fifteen percent of the funds made Reports.
available in this chapter for assistance for Mexico under the
headings ‘‘International Narcotics Control and Law Enforcement’’
and ‘‘Foreign Military Financing Program’’ may not be obligated
until the Secretary of State reports in writing to the Committees
on Appropriations that the Government of Mexico is—
(1) improving the transparency and accountability of fed-
eral police forces and working with state and municipal authori-
ties to improve the transparency and accountability of state
and municipal police forces through mechanisms including
establishing police complaints commissions with authority and
independence to receive complaints and carry out effective
investigations;
(2) establishing a mechanism for regular consultations
among relevant Mexican Government authorities, Mexican
human rights organizations and other relevant Mexican civil
society organizations, to make recommendations concerning
implementation of the Merida Initiative in accordance with
Mexican and international law;
(3) ensuring that civilian prosecutors and judicial authori-
ties are investigating and prosecuting, in accordance with Mexi-
can and international law, members of the federal police and
military forces who have been credibly alleged to have com-
dkrause on GSDDPC44 with PUBLIC LAWS
mitted violations of human rights, and the federal police and
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00017 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2340 PUBLIC LAW 110–252—JUNE 30, 2008
military forces are fully cooperating with the investigations;
and
(4) enforcing the prohibition, in accordance with Mexican
and international law, on the use of testimony obtained through
torture or other ill-treatment.
(c) EXCEPTION.—Notwithstanding subsection (b), of the funds
appropriated by subchapter A for assistance for Mexico under the
heading ‘‘International Narcotics Control and Law Enforcement’’,
$3,000,000 shall be made available for technical and other assist-
ance to enable the Government of Mexico to implement a unified
national registry of federal, state, and municipal police officers.
(d) REPORT.—The report required in subsection (b) shall include
a description of actions taken with respect to each requirement
and the cases or issues brought to the attention of the Secretary
of State for which the response or action taken has been inadequate.
(e) NOTIFICATION.—Funds made available for Mexico by this
chapter shall be subject to the regular notification procedures of
the Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394–1).
Deadline. (f) SPENDING PLAN.—Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a detailed spending plan
for funds appropriated or otherwise made available for Mexico
by this chapter, which shall include a strategy, developed after
consulting with relevant Mexican Government authorities, for com-
bating drug trafficking and related violence and organized crime,
judicial reform, institution building, anti-corruption, and rule of
law activities, with concrete goals, actions to be taken, budget
proposals, and anticipated results.
CENTRAL AMERICA
SEC. 1407. (a) ASSISTANCE FOR THE COUNTRIES OF CENTRAL
AMERICA.—Of the funds appropriated in subchapter A under the
headings ‘‘International Narcotics Control and Law Enforcement’’,
‘‘Foreign Military Financing Program’’, ‘‘Nonproliferation, Anti-Ter-
rorism, Demining and Related Programs’’, and ‘‘Economic Support
Fund’’, $65,000,000 may be made available for assistance for the
countries of Central America, Haiti, and the Dominican Republic
only to combat drug trafficking and related violence and organized
crime, and for judicial reform, institution building, anti-corruption,
rule of law activities, and maritime security: Provided, That of
the funds appropriated under the heading ‘‘Economic Support
Fund’’, $25,000,000 shall be made available for an Economic and
Social Development Fund for Central America, of which $20,000,000
shall be made available through the United States Agency for
International Development and $5,000,000 shall be made available
through the Department of State for educational exchange pro-
grams: Provided further, That of the funds appropriated in sub-
chapter A under the heading ‘‘International Narcotics Control and
Law Enforcement’’, $2,500,000 shall be made available for assist-
ance for Haiti, $2,500,000 shall be made available for assistance
for the Dominican Republic, and $1,000,000 shall be made available
for a United States contribution to the International Commission
Against Impunity in Guatemala: Provided further, That none of
the funds shall be made available for budget support or as cash
Deadline. payments: Provided further, That not more than 45 days after
dkrause on GSDDPC44 with PUBLIC LAWS
Reports. enactment of this Act, the Secretary of State shall report in writing
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00018 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2341
to the Committees on Appropriations on the procedures in place
to implement section 620J of the Foreign Assistance Act of 1961.
(b) ALLOCATION OF FUNDS.—Fifteen percent of the funds made Reports.
available by this chapter for assistance for the countries of Central
America, Haiti and the Dominican Republic under the headings
‘‘International Narcotics Control and Law Enforcement’’ and ‘‘For-
eign Military Financing Program’’ may not be obligated until the
Secretary of State reports in writing to the Committees on Appro-
priations that the government of such country is—
(1) establishing police complaints commissions with
authority and independence to receive complaints and carry
out effective investigations;
(2) implementing reforms to improve the capacity and
ensure the independence of the judiciary; and
(3) investigating and prosecuting members of the federal
police and military forces who have been credibly alleged to
have committed violations of human rights.
(c) REPORT.—The report required in subsection (b) shall include
actions taken with respect to each requirement and the cases or
issues brought to the attention of the Secretary of State for which
the response or action taken has been inadequate.
(d) NOTIFICATION.—Funds made available for assistance for
the countries of Central America, Haiti and the Dominican Republic
in subchapter A shall be subject to the regular notification proce-
dures 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 Deadline.
of this Act, the Secretary of State shall submit to the Committees
on Appropriations a detailed spending plan for funds appropriated
or otherwise made available for the countries of Central America,
Haiti and the Dominican Republic in subchapter A, which shall
include a strategy for combating drug trafficking and related
violence and organized crime, judicial reform, institution building,
anti-corruption, and rule of law activities, with concrete goals,
actions to be taken, budget proposals and anticipated results.
(f) DEFINITION.—For the purposes of this section, the term
‘‘countries of Central America’’ means Belize, Costa Rica, El Sal-
vador, Guatemala, Honduras, Nicaragua, and Panama.
BUYING POWER MAINTENANCE ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
SEC. 1408. (a) Of the funds appropriated under the heading
‘‘Diplomatic and Consular Programs’’ and allocated by section 3810
of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery,
and Iraq Accountability Appropriations Act, 2007 (Public Law 110–
28), $26,000,000 shall be transferred to and merged with funds
in the ‘‘Buying Power Maintenance Account’’: Provided, That of
the funds made available by this chapter up to an additional
$74,000,000 may be transferred to and merged with the ‘‘Buying
Power Maintenance Account’’, subject to the regular notification
procedures of the Committees on Appropriations and in accordance
with the procedures in section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706). Any funds transferred
dkrause on GSDDPC44 with PUBLIC LAWS
pursuant to this section shall be available, without fiscal year
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00019 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2342 PUBLIC LAW 110–252—JUNE 30, 2008
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 subpara-
graph (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.’’.
22 USC 6204 (c) The Broadcasting Board of Governors may transfer funds
note. into its Buying Power Maintenance Account, notwithstanding the
requirement that such funds be provided in advance in appropria-
tions Acts. The authority in this subsection may be exercised only
with respect to funds appropriated or otherwise made available
after fiscal year 2008.
SERBIA
Reports. SEC. 1409. Of the funds made available under the heading
‘‘Assistance for Eastern Europe and the Baltic States’’ by title
III of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law 110–
161), an amount equivalent to the unpaid costs of damage to the
United States Embassy in Belgrade, Serbia, as estimated by the
Secretary of State, resulting from the February 21, 2008 attack
on such Embassy, shall be withheld from obligation for assistance
for the central government of Serbia if the Secretary of State
reports to the Committees on Appropriations that the Government
of Serbia has failed to provide full compensation to the Department
of State for damages to the United States Embassy resulting from
the February 21, 2008 attack on such embassy. Section 8002 of
this Act shall not apply to this section.
RESCISSIONS
SEC. 1410. (a) WORLD FOOD PROGRAM.—
(1) For an additional amount for a contribution to the
World Food Program to assist farmers in countries affected
by food shortages to increase crop yields, notwithstanding any
other provision of law, $20,000,000, to remain available until
expended.
(2) Of the funds appropriated under the heading ‘‘Andean
Counterdrug Initiative’’ in prior Acts making appropriations
for foreign operations, export financing, and related programs,
$20,000,000 are rescinded.
(b) SUDAN.—
(1) For an additional amount for ‘‘International Narcotics
Control and Law Enforcement’’, $10,000,000, for assistance for
Sudan to support formed police units, to remain available until
September 30, 2009, and subject to prior consultation with
the Committees on Appropriations.
(2) Of the funds appropriated under the heading ‘‘Inter-
national Narcotics Control and Law Enforcement’’ in prior Acts
making appropriations for foreign operations, export financing,
and related programs, $10,000,000 are rescinded.
(c) RESCISSION.—Of the unobligated balances of funds appro-
priated for ‘‘Iraq Relief and Reconstruction Fund’’ in prior Acts
making appropriations for foreign operations, export financing, and
dkrause on GSDDPC44 with PUBLIC LAWS
related programs, $50,000,000 are rescinded.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00020 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2343
(d) EXCEPTION.—Section 8002 of this Act shall not apply to
subsections (a) and (b) of this section.
DARFUR PEACEKEEPING
SEC. 1411. Funds appropriated under the headings ‘‘Foreign
Military Financing Program’’ and ‘‘Peacekeeping Operations’’ by
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110–161) and
by prior Acts making appropriations for foreign operations, export
financing, and related programs may be used to transfer, equip,
upgrade, refurbish or lease helicopters or related equipment nec-
essary to support the operations of the African Union/United
Nations peacekeeping operation in Darfur, Sudan, that was estab-
lished pursuant to United Nations Security Council Resolution 1769.
The President may utilize the authority of sections 506 or 516
of the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j)
or section 61 of the Arms Export Control Act (22 U.S.C. 2796)
in order to provide such support, notwithstanding any other provi-
sion of law except for sections 502B(a)(2), 620A and 620J of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(2), 2371, 2378d)
and section 40A of the Arms Export Control Act (22 U.S.C. 2780).
Any exercise of the authorities provided by section 506 of the
Foreign Assistance Act pursuant to this section may include the
authority to acquire helicopters by contract.
TIBET
SEC. 1412. (a) Of the funds appropriated by this Act or prior Establishment.
Acts making appropriations for the Department of State, foreign
operations and related programs under the headings ‘‘Diplomatic
and Consular Programs’’ and ‘‘Embassy Security, Construction, and
Maintenance’’, up to $5,000,000 shall be made available to establish
a United States Consulate in Lhasa, Tibet.
(b) The Department of State should not consent to opening
a consular post in the United States by the People’s Republic
of China until such time as the People’s Republic of China consents
to opening a United States consular post in Lhasa, Tibet.
JORDAN
(INCLUDING RESCISSION OF FUNDS)
SEC. 1413. (a) For an additional amount for ‘‘Economic Support
Fund’’ for assistance for Jordan, $25,000,000, to remain available
until September 30, 2009.
(b) For an additional amount for ‘‘Foreign Military Financing
Program’’ for assistance for Jordan, $33,000,000, to remain available
until September 30, 2009.
(c) Of the unobligated balances of funds appropriated under
the heading ‘‘Millennium Challenge Corporation’’ in prior Acts
making appropriations for foreign operations, export financing, and
related programs, $58,000,000 are rescinded.
(d) Section 8002 of this Act shall not apply to this section.
ALLOCATIONS
SEC. 1414. (a) Funds provided by this chapter for the following
dkrause on GSDDPC44 with PUBLIC LAWS
accounts shall be made available for programs and countries in
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00021 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2344 PUBLIC LAW 110–252—JUNE 30, 2008
the amounts contained in the respective tables included in the
explanatory statement printed in the Congressional Record accom-
panying this Act:
‘‘Diplomatic and Consular Programs’’
‘‘Economic Support Fund’’.
(b) Any proposed increases or decreases to the amounts con-
tained in such tables in the explanatory statement printed in the
Congressional Record accompanying this Act shall be subject to
the regular notification procedures of the Committees on Appropria-
tions 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
Deadlines. SEC. 1416. (a) SUBCHAPTER A SPENDING PLAN.—Not later than
Reports. 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 Assist-
ance’’, and ‘‘United States Emergency Refugee and Migration Assist-
ance Fund’’.
(b) SUBCHAPTER B SPENDING PLAN.—The Secretary of State
shall submit to the Committees on Appropriations not later than
November 1, 2008, and prior to the initial obligation of funds,
a detailed spending plan for funds appropriated or otherwise made
available in subchapter B, except for funds appropriated under
the headings ‘‘International Disaster Assistance’’, ‘‘Migration and
Refugee Assistance’’, and ‘‘United States Emergency Refugee and
Migration Assistance Fund’’.
(c) NOTIFICATION.—Funds made available in this chapter shall
be subject to the regular notification procedures of the Committees
on Appropriations and section 634A of the Foreign Assistance Act
of 1961.
TERMS AND CONDITIONS
SEC. 1417. Unless otherwise provided for in this Act, funds
appropriated or otherwise made available by this chapter shall
be available under the authorities and conditions provided in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110–161), except
that section 699K of such Act shall not apply to funds in this
chapter.
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00022 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2345
TITLE II—DOMESTIC MATTERS
CHAPTER 1—FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$150,000,000, to remain available until September 30, 2009: Pro-
vided, That of the amount provided: (1) $66,792,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $28,019,000 shall
be for the Center for Drug Evaluation and Research and related
field activities in the Office of Regulatory Affairs; (3) $12,736,000
shall be for the Center for Biologics Evaluation and Research and
related field activities in the Office of Regulatory Affairs; (4)
$6,057,000 shall be for the Center for Veterinary Medicine and
related field activities in the Office of Regulatory Affairs; (5)
$20,094,000 shall be for the Center for Devices and Radiological
Health and related field activities in the Office of Regulatory Affairs;
(6) $3,396,000 shall be for the National Center for Toxicological
Research; and (7) $12,906,000 shall be for other activities, including
the Office of the Commissioner, the Office of Scientific and Medical
Programs; the Office of Policy, Planning and Preparedness; the
Office of International and Special Programs; the Office of Oper-
ations; and central services for these offices.
CHAPTER 2—COMMERCE, JUSTICE, AND SCIENCE
DEPARTMENT OF COMMERCE
BUREAU OF THE CENSUS
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Periodic Censuses and Pro-
grams’’, $210,000,000, to remain available until expended, for nec-
essary expenses related to the 2010 Decennial Census: Provided,
That not less than $3,000,000 shall be transferred to the ‘‘Office
of Inspector General’’ at the Department of Commerce for necessary
expenses associated with oversight activities of the 2010 Decennial
Census: Provided further, That not less than $1,000,000 shall be
used only for a reimbursable agreement with the Defense Contract
Management Agency to provide continuing contract management
oversight of the 2010 Decennial Census.
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00023 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2346 PUBLIC LAW 110–252—JUNE 30, 2008
DEPARTMENT OF JUSTICE
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$178,000,000, to remain available until September 30, 2008.
OTHER AGENCIES
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SCIENCE, AERONAUTICS AND EXPLORATION
For an additional amount for ‘‘Science, Aeronautics and Explo-
ration’’, $62,500,000.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For an additional amount for ‘‘Research and Related Activities’’,
$22,500,000, of which $5,000,000 shall be available solely for activi-
ties authorized by section 7002(b)(2)(A)(iv) of Public Law 110–69.
EDUCATION AND HUMAN RESOURCES
For an additional amount for ‘‘Education and Human
Resources’’, $40,000,000: Provided, That of the amount provided,
$20,000,000 shall be available for activities authorized by section
10 of the National Science Foundation Authorization Act of 2002
(42 U.S.C. 1862n–1) and $20,000,000 shall be available for activities
authorized by section 10A of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n–1a).
CHAPTER 3—ENERGY
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
SCIENCE
For an additional amount for ‘‘Science’’, $62,500,000, to remain
available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
For an additional amount for ‘‘Defense Environmental
dkrause on GSDDPC44 with PUBLIC LAWS
Cleanup’’, $62,500,000, to remain available until expended.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00024 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2347
CHAPTER 4—LABOR AND HEALTH AND HUMAN SERVICES
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For an additional amount for ‘‘State Unemployment Insurance
and Employment Service Operations’’ for grants to the States for
the administration of State unemployment insurance, $110,000,000,
which may be expended from the Employment Security Administra-
tion Account in the Unemployment Trust Fund, to be used for
unemployment insurance workloads experienced by the States
through September 30, 2008, which shall be available for Federal
obligation through December 31, 2008.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
NATIONAL INSTITUTES OF HEALTH
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Office of the Director’’,
$150,000,000, which shall be transferred to the Institutes and Cen-
ters of the National Institutes of Health and to the Common Fund
established under section 402A(c)(1) of the Public Health Service
Act in proportion to the appropriations otherwise made to such
Institutes, Centers, and Common Fund for fiscal year 2008: Pro-
vided, That these funds shall be used to support additional scientific
research and shall be merged with and be available for the same
purposes and for the same time period as the appropriation or
fund to which transferred: Provided further, That this transfer
authority is in addition to any other transfer authority available
to the National Institutes of Health: Provided further, That none
of these funds may be transferred to ‘‘National Institutes of Health–
Buildings and Facilities’’, the Center for Scientific Review, the
Center for Information Technology, the Clinical Center, the Global
Fund for HIV/AIDS, Tuberculosis and Malaria, or the Office of
the Director (except for the transfer to the Common Fund).
CHAPTER 5—LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF
CONGRESS
For payment to Annette Lantos, widow of Tom Lantos, late Annette Lantos.
a Representative from the State of California, $169,300: Provided,
dkrause on GSDDPC44 with PUBLIC LAWS
That section 8002 shall not apply to this appropriation.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00025 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2348 PUBLIC LAW 110–252—JUNE 30, 2008
TITLE III—NATURAL DISASTER RELIEF AND RECOVERY
CHAPTER 1—AGRICULTURE
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For an additional amount for the ‘‘Emergency Conservation
Program’’, $89,413,000, to remain available until expended.
NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for the ‘‘Emergency Watershed
Protection Program’’, $390,464,000, to remain available until
expended.
CHAPTER 2—COMMERCE
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
‘‘Economic Development Assistance Programs’’, for necessary
expenses related to disaster relief, long-term recovery, and restora-
tion of infrastructure in areas covered by a declaration of major
disaster under title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result
of recent natural disasters, $100,000,000, to remain available until
expended.
CHAPTER 3—CORPS OF ENGINEERS
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
CONSTRUCTION
For an additional amount for ‘‘Construction’’, for necessary
expenses to address emergency situations at Corps of Engineers
projects and rehabilitate and repair damages to Corps projects
caused by recent natural disasters, $61,700,000, to remain available
until expended.
For an additional amount for ‘‘Construction’’, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $2,835,000,000, to become
dkrause on GSDDPC44 with PUBLIC LAWS
available on October 1, 2008, and to remain available until
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00026 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2349
expended: Provided, That the Secretary of the Army is directed
to use $1,997,000,000 of the funds provided herein to modify author-
ized projects in southeast Louisiana to provide hurricane, storm
and flood damage reduction in the greater New Orleans and sur-
rounding areas to the levels of protection necessary to achieve
the certification required for participation in the National Flood
Insurance Program under the base flood elevations current at the
time of enactment of this Act, and shall use $1,077,000,000 of
those funds for the Lake Pontchartrain and Vicinity project and
$920,000,000 of those funds for the West Bank and Vicinity project:
Provided further, That, in addition, $838,000,000 of the funds pro-
vided herein shall be for elements of Southeast Louisiana Urban
Drainage project within the geographic perimeter of the West Bank
and Vicinity and Lake Pontchartrain and Vicinity projects, to pro-
vide for interior drainage of runoff from rainfall with a ten percent
annual exceedance probability: Provided further, That the amounts
provided herein shall be subject to a 65 percent Federal / 35 percent
non-Federal cost share for the specified purposes: Provided further, Deadlines.
That beginning not later than 60 days after the date of enactment Reports.
of this Act, the Chief of Engineers, acting through the Assistant
Secretary of the Army for Civil Works, shall provide monthly reports
to the Committees on Appropriations of the House of Representa-
tives and the Senate detailing the allocation and obligation of
these funds: Provided further, That the expenditure of funds as
provided above may be made without regard to individual amounts
or purposes except that any reallocation of funds that is necessary
to accomplish the established goals is authorized subject to the
approval of the House and Senate Committees on Appropriations.
MISSISSIPPI RIVER AND TRIBUTARIES
For an additional amount for ‘‘Mississippi River and Tribu-
taries’’ for recovery from natural disasters, $17,590,000, to remain
available until expended, to repair damages to Federal projects
caused by recent natural disasters.
OPERATION AND MAINTENANCE
For an additional amount for ‘‘Operation and Maintenance’’
to dredge navigation channels and repair other Corps projects
related to natural disasters, $298,344,000, to remain available until
expended: Provided, That the Chief of Engineers, acting through Reports.
the Assistant Secretary of the Army for Civil Works, shall provide Deadlines.
a monthly report to the House and Senate Committees on Appro-
priations 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 Emer-
gencies’’, as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses to prepare for flood, hurri-
cane and other natural disasters and support emergency operations,
repair and other activities in response to flood and hurricane emer-
gencies as authorized by law, $226,854,800, to remain available
until expended.
For an additional amount for ‘‘Flood Control and Coastal Emer-
dkrause on GSDDPC44 with PUBLIC LAWS
gencies’’, as authorized by section 5 of the Act of August 18, 1941
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00027 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2350 PUBLIC LAW 110–252—JUNE 30, 2008
(33 U.S.C. 701n), for necessary expenses relating to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season, $2,926,000,000, to become available on October 1, 2008,
and to remain available until expended: Provided, That funds pro-
vided herein shall be used to reduce the risk of hurricane and
storm damages to the greater New Orleans metropolitan area,
at full Federal expense, for the following: $704,000,000 shall be
used to modify the 17th Street, Orleans Avenue, and London Avenue
drainage canals and install pumps and closure structures at or
near the lakefront; $90,000,000 shall be used for storm-proofing
interior pump stations to ensure the operability of the stations
during hurricanes, storms, and high water events; $459,000,000
shall be used for armoring critical elements of the New Orleans
hurricane and storm damage reduction system; $53,000,000 shall
be used to improve protection at the Inner Harbor Navigation
Canal; $456,000,000 shall be used to replace or modify certain
non-Federal levees in Plaquemines Parish to incorporate the levees
into the existing New Orleans to Venice hurricane protection
project; $412,000,000 shall be used for reinforcing or replacing
flood walls, as necessary, in the existing Lake Pontchartrain and
Vicinity project and the existing West Bank and Vicinity project
to improve the performance of the systems; $393,000,000 shall
be used for repair and restoration of authorized protections and
floodwalls; and $359,000,000 shall be to complete the authorized
protection for the Lake Ponchartrain and Vicinity, West Bank and
Vicinity, and the New Orleans to Venice projects: Provided further,
Deadline. That the Secretary of the Army, within available funds, is directed
Cost estimates. 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
Deadlines. 1, 2 and 2a of the above cited report: Provided further, That begin-
Reports. ning not later than 60 days after the date of enactment of this
Act, the Chief of Engineers, acting through the Assistant Secretary
of the Army for Civil Works, shall provide monthly reports to
the Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of these
funds: Provided further, That any project using funds appropriated
under this heading shall be initiated only after non-Federal
interests have entered into binding agreements with the Assistant
Secretary of the Army for Civil Works requiring the non-Federal
interests to pay 100 percent of the operation, maintenance, repair,
replacement, and rehabilitation costs of completed elements and
to hold and save the United States free from damages due to
the construction, operation, and maintenance of the project, except
for damages due to the fault or negligence of the United States
or its contractors: Provided further, That the expenditure of funds
as provided above may be made without regard to individual
amounts or purposes except that any reallocation of funds that
is necessary to accomplish the established goals is authorized sub-
ject to the approval of the House and Senate Committees on Appro-
priations.
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00028 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2351
EXPENSES
For an additional amount for ‘‘Expenses’’ for increased efforts
by the Mississippi Valley Division to oversee emergency response
and recovery activities related to the consequences of hurricanes
in the Gulf of Mexico in 2005, $1,500,000 to remain available
until expended.
CHAPTER 4—SMALL BUSINESS
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, for necessary expenses related to flooding in
Midwestern States and other natural disasters, $164,939,000, to
remain available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, for expenses to carry out the direct loan program
in response to flooding in Midwestern States and other natural
disasters, including onsite assistance to disaster victims, increased
staff at call centers, processing centers, and field inspections teams,
and attorneys to assist in loan closings, $101,814,000, to remain
available until expended, of which $1,000,000 is for the Office
of Inspector General of the Small Business Administration for audits
and reviews of disaster loans and the disaster loan program and
shall be paid to appropriations for the Office of Inspector General;
of which $94,814,000 is for direct administrative expenses of loan
making and servicing to carry out the direct loan program, which
may be paid to appropriations for Salaries and Expenses; and
of which $6,000,000 is for indirect administrative expenses, which
may be paid to appropriations for Salaries and Expenses.
CHAPTER 5—FEMA DISASTER RELIEF
DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster Relief’’, $897,000,000,
to remain available until expended.
CHAPTER 6—HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PERMANENT SUPPORTIVE HOUSING
For the provision of 3,000 units of permanent supportive
housing as referenced in the Road Home Program of the Louisiana
Recovery Authority approved by the Secretary of Housing and
dkrause on GSDDPC44 with PUBLIC LAWS
Urban Development, $73,000,000, to remain available until
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00029 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2352 PUBLIC LAW 110–252—JUNE 30, 2008
expended, of which $20,000,000 shall be for project-based vouchers
under section 8(o)(13) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(13)), including administrative expenses not to
exceed $3,000,000, and $50,000,000 shall be for grants under the
Shelter Plus Care program as authorized under subtitle F of title
IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
Louisiana. 11403 et seq.): Provided, That the Secretary of Housing and Urban
Development shall, upon request, make funds available under this
paragraph to the State of Louisiana or its designee or designees,
upon request: Provided further, That notwithstanding any other
provision of law, for the purpose of administering the amounts
provided under this paragraph, the State of Louisiana or its des-
ignee 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 subpara-
graphs (B) and (D) of section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with respect
to vouchers made available under this paragraph.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
For an additional amount for ‘‘Community Development Fund’’,
for necessary expenses related to disaster relief, long-term recovery,
and restoration of infrastructure in areas covered by a declaration
of major disaster under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as
a result of recent natural disasters, $300,000,000, to remain avail-
able until expended, for activities authorized under title I of the
Housing and Community Development Act of 1974 (Public Law
93–383): Provided, That funds provided under this heading shall
be administered through an entity or entities designated by the
Governor of each State: Provided further, That such funds may
not be used for activities reimbursable by or for which funds are
made available by the Federal Emergency Management Agency
or the Army Corps of Engineers: Provided further, That funds
allocated under this heading shall not adversely affect the amount
of any formula assistance received by a State under this heading:
Provided further, That each State may use up to five percent
Waiver authority. of its allocation for administrative costs: Provided further, That
in administering the funds under this heading, the Secretary of
Housing and Urban Development shall waive, or specify alternative
requirements for, any provision of any statute or regulation that
the Secretary administers in connection with the obligation by
the Secretary or the use by the recipient of these funds or guaran-
tees (except for requirements related to fair housing, nondiscrimina-
tion, 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
Waiver authority. of the statute, as modified: 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
dkrause on GSDDPC44 with PUBLIC LAWS
Federal Register, a finding of compelling need: Provided further, That the Secretary
publication.
Deadline.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00030 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2353
shall publish in the Federal Register any waiver of any statute
or regulation that the Secretary administers pursuant to title I
of the Housing and Community Development Act of 1974 no later
than 5 days before the effective date of such waiver: Provided
further, That every waiver made by the Secretary must be reconsid-
ered according to the three previous provisos on the two-year
anniversary of the day the Secretary published the waiver in the
Federal Register: Provided further, That prior to the obligation Plans.
of funds each State shall submit a plan to the Secretary detailing
the proposed use of all funds, including criteria for eligibility and
how the use of these funds will address long-term recovery and
restoration of infrastructure: Provided further, That each State Reports.
will report quarterly to the Committees on Appropriations on all Deadlines.
awards and uses of funds made available under this heading,
including specifically identifying all awards of sole-source contracts
and the rationale for making the award on a sole-source basis:
Provided further, That the Secretary shall notify the Committees Notification.
on Appropriations on any proposed allocation of any funds and Deadline.
any related waivers made pursuant to these provisions under this
heading no later than 5 days before such waiver is made: Provided
further, That the Secretary shall establish procedures to prevent Procedures.
recipients from receiving any duplication of benefits and report Reports.
quarterly to the Committees on Appropriations with regard to all Deadlines.
steps taken to prevent fraud and abuse of funds made available
under this heading including duplication of benefits.
TITLE IV—EMERGENCY UNEMPLOYMENT COMPENSATION
FEDERAL-STATE AGREEMENTS
SEC. 4001. (a) IN GENERAL.—Any State which desires to do
so may enter into and participate in an agreement under this
title with the Secretary of Labor (in this title referred to as the
‘‘Secretary’’). Any State which is a party to an agreement under Deadline.
this title may, upon providing 30 days’ written notice to the Sec- Notice.
retary, terminate such agreement.
(b) PROVISIONS OF AGREEMENT.—Any agreement under sub-
section (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 compensa-
tion under any other Federal law (except as provided under
subsection (e)); and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) EXHAUSTION OF BENEFITS.—For purposes of subsection
(b)(1), an individual shall be deemed to have exhausted such individ-
ual’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
dkrause on GSDDPC44 with PUBLIC LAWS
or wages during such individual’s base period; or
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00031 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2354 PUBLIC LAW 110–252—JUNE 30, 2008
(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 agree-
ment 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;
Applicability. (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 compensa-
tion and the payment thereof, except—
(A) that an individual shall not be eligible for emer-
gency unemployment compensation under this title unless,
in the base period with respect to which the individual
exhausted all rights to regular compensation under the
State law, the individual had 20 weeks of full-time insured
employment or the equivalent in insured wages, as deter-
mined under the provisions of the State law implementing
section 202(a)(5) of the Federal-State Extended Unemploy-
ment Compensation Act of 1970 (26 U.S.C. 3304 note);
and
(B) where otherwise inconsistent with the provisions
of this title or with the regulations or operating instructions
of the Secretary promulgated to carry out this title; and
(3) the maximum amount of emergency unemployment com-
pensation payable to any individual for whom an emergency
unemployment compensation account is established under sec-
tion 4002 shall not exceed the amount established in such
account for such individual.
(e) ELECTION BY STATES.—Notwithstanding any other provision
of Federal law (and if State law permits), the Governor of a State
that is in an extended benefit period may provide for the payment
of emergency unemployment compensation prior to extended com-
pensation to individuals who otherwise meet the requirements of
this section.
(f) UNAUTHORIZED ALIENS INELIGIBLE.—A State shall require
as a condition of eligibility for emergency unemployment compensa-
tion under this Act that each alien who receives such compensation
must be legally authorized to work in the United States, as defined
for purposes of the Federal Unemployment Tax Act (26 U.S.C.
3301 et seq.). In determining whether an alien meets the require-
ments of this subsection, a State must follow the procedures pro-
vided in section 1137(d) of the Social Security Act (42 U.S.C. 1320b–
7(d)).
EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT
26 USC 3304 SEC. 4002. (a) IN GENERAL.—Any agreement under this title
note. shall provide that the State will establish, for each eligible indi-
vidual who files an application for emergency unemployment com-
pensation, an emergency unemployment compensation account with
respect to such individual’s benefit year.
dkrause on GSDDPC44 with PUBLIC LAWS
(b) AMOUNT IN ACCOUNT.—
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00032 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2355
(1) IN GENERAL.—The amount established in an account
under subsection (a) shall be equal to the lesser of—
(A) 50 percent of the total amount of regular compensa-
tion (including dependents’ allowances) payable to the indi-
vidual 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 sub-
section, an individual’s weekly benefit amount for any week
is the amount of regular compensation (including dependents’
allowances) under the State law payable to such individual
for such week for total unemployment.
PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
EMERGENCY UNEMPLOYMENT COMPENSATION
SEC. 4003. (a) GENERAL RULE.—There shall be paid to each 26 USC 3304
State that has entered into an agreement under this title an amount note.
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 pay-
ment shall be made to any State under this section in respect
of any compensation to the extent the State is entitled to reimburse-
ment in respect of such compensation under the provisions of any
Federal law other than this title or chapter 85 of title 5, United
States Code. A State shall not be entitled to any reimbursement
under such chapter 85 in respect of any compensation to the extent
the State is entitled to reimbursement under this title in respect
of such compensation.
(c) DETERMINATION OF AMOUNT.—Sums payable to any State
by reason of such State having an agreement under this title
shall be payable, either in advance or by way of reimbursement
(as may be determined by the Secretary), in such amounts as
the Secretary estimates the State will be entitled to receive under
this title for each calendar month, reduced or increased, as the
case may be, by any amount by which the Secretary finds that
the Secretary’s estimates for any prior calendar month were greater
or less than the amounts which should have been paid to the
State. Such estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
FINANCING PROVISIONS
SEC. 4004. (a) IN GENERAL.—Funds in the extended unemploy- 26 USC 3304
ment compensation account (as established by section 905(a) of note.
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 cer-
tify 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 accord-
ance with such certification, by transfers from the extended
dkrause on GSDDPC44 with PUBLIC LAWS
unemployment compensation account (as so established) to the
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00033 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2356 PUBLIC LAW 110–252—JUNE 30, 2008
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 sec-
tion 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 appro-
priated 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 estab-
lished) 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
26 USC 3304 SEC. 4005. (a) IN GENERAL.—If an individual knowingly has
note. 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 unemploy-
ment 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.
Waiver authority. (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 individ-
uals to repay the amounts of such emergency unemployment com-
pensation to the State agency, except that the State agency may
waive such repayment if it determines that—
(1) the payment of such emergency unemployment com-
pensation was without fault on the part of any such individual;
and
(2) such repayment would be contrary to equity and good
conscience.
(c) RECOVERY BY STATE AGENCY.—
(1) IN GENERAL.—The State agency may recover the amount
to be repaid, or any part thereof, by deductions from any
emergency unemployment compensation payable to such indi-
vidual under this title or from any unemployment compensation
payable to such individual under any State or Federal
dkrause on GSDDPC44 with PUBLIC LAWS
unemployment compensation law administered by the State
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00034 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2357
agency or under any other State or Federal law administered
by the State agency which provides for the payment of any
assistance or allowance with respect to any week of unemploy-
ment, during the 3-year period after the date such individuals
received the payment of the emergency unemployment com-
pensation 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 Notice.
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) REVIEW.—Any determination by a State agency under this
section shall be subject to review in the same manner and to
the same extent as determinations under the State unemployment
compensation law, and only in that manner and to that extent.
DEFINITIONS
SEC. 4006. In this title, the terms ‘‘compensation’’, ‘‘regular 26 USC 3304
compensation’’, ‘‘extended compensation’’, ‘‘benefit year’’, ‘‘base note.
period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ have the
respective meanings given such terms under section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
APPLICABILITY
SEC. 4007. (a) IN GENERAL.—Except as provided in subsection 26 USC 3304
(b), an agreement entered into under this title shall apply to weeks note.
of unemployment—
(1) beginning after the date on which such agreement is Effective date.
entered into; and
(2) ending on or before March 31, 2009. Termination
(b) TRANSITION FOR AMOUNT REMAINING IN ACCOUNT.— date.
(1) IN GENERAL.—Subject to paragraph (2), in the case
of an individual who has amounts remaining in an account
established under section 4002 as of the last day of the last
week (as determined in accordance with the applicable State
law) ending on or before March 31, 2009, emergency unemploy-
ment compensation shall continue to be payable to such indi-
vidual from such amounts for any week beginning after such
last day for which the individual meets the eligibility require-
ments of this title.
(2) LIMIT ON COMPENSATION.—No compensation shall be
payable by reason of paragraph (1) for any week beginning
after June 30, 2009.
TITLE V—VETERANS EDUCATIONAL ASSISTANCE Post-9/11
Veterans
SHORT TITLE Educational
Assistance
SEC. 5001. This title may be cited as the ‘‘Post-9/11 Veterans Act of 2008.
38 USC 101 note.
Educational Assistance Act of 2008’’.
FINDINGS
dkrause on GSDDPC44 with PUBLIC LAWS
SEC. 5002. Congress makes the following findings: 38 USC 3301
note.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00035 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2358 PUBLIC LAW 110–252—JUNE 30, 2008
(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 edu-
cational assistance to millions of veterans, as demonstrated
by the many ‘‘G.I. Bills’’ enacted since World War II. Edu-
cational 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 read-
justing 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 pro-
vided by a grateful Nation to veterans of World War II.
EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO
SERVE AFTER SEPTEMBER 11, 2001
SEC. 5003. (a) EDUCATIONAL ASSISTANCE AUTHORIZED.—
(1) IN GENERAL.—Part III of title 38, United States Code,
is amended by inserting after chapter 32 the following new
chapter:
‘‘CHAPTER 33—POST–9/11 EDUCATIONAL ASSISTANCE
‘‘SUBCHAPTER I—DEFINITIONS
‘‘Sec.
‘‘3301. Definitions.
‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE
‘‘3311. Educational assistance for service in the Armed Forces commencing on or
after September 11, 2001: entitlement.
‘‘3312. Educational assistance: duration.
‘‘3313. Educational assistance: amount; payment.
‘‘3314. Tutorial assistance.
‘‘3315. Licensure and certification tests.
‘‘3316. Supplemental educational assistance: members with critical skills or spe-
cialty; members serving additional service.
‘‘3317. Public-private contributions for additional educational assistance.
‘‘3318. Additional assistance: relocation or travel assistance for individual relocating
or traveling significant distance for pursuit of a program of education.
‘‘3319. Authority to transfer unused education benefits to family members.
‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS
‘‘3321. Time limitation for use of and eligibility for entitlement.
‘‘3322. Bar to duplication of educational assistance benefits.
‘‘3323. Administration.
dkrause on GSDDPC44 with PUBLIC LAWS
‘‘3324. Allocation of administration and costs.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00036 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2359
‘‘SUBCHAPTER I—DEFINITIONS
‘‘§ 3301. Definitions
‘‘In this chapter:
‘‘(1) The term ‘active duty’ has the meanings as follows
(subject to the limitations specified in sections 3002(6) and
3311(b)):
‘‘(A) In the case of members of the regular components
of the Armed Forces, the meaning given such term in
section 101(21)(A).
‘‘(B) In the case of members of the reserve components
of the Armed Forces, service on active duty under a call
or order to active duty under section 688, 12301(a),
12301(d), 12301(g), 12302, or 12304 of title 10.
‘‘(2) The term ‘entry level and skill training’ means the
following:
‘‘(A) In the case of members of the Army, Basic Combat
Training and Advanced Individual Training.
‘‘(B) In the case of members of the Navy, Recruit
Training (or Boot Camp) and Skill Training (or so-called
‘A’ School).
‘‘(C) In the case of members of the Air Force, Basic
Military Training and Technical Training.
‘‘(D) In the case of members of the Marine Corps,
Recruit Training and Marine Corps Training (or School
of Infantry Training).
‘‘(E) In the case of members of the Coast Guard, Basic
Training.
‘‘(3) The term ‘program of education’ has the meaning given
such term in section 3002, except to the extent otherwise pro-
vided in section 3313.
‘‘(4) The term ‘Secretary of Defense’ means the Secretary
of Defense, except that the term means the Secretary of Home-
land Security with respect to the Coast Guard when it is
not operating as a service in the Navy.
‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE
‘‘§ 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 subpara-
graph (A)—
‘‘(i) continues on active duty; or
‘‘(ii) is discharged or released from active duty
as described in subsection (c).
dkrause on GSDDPC44 with PUBLIC LAWS
‘‘(2) An individual who—
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00037 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2360 PUBLIC LAW 110–252—JUNE 30, 2008
‘‘(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 subpara-
graph (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 subpara-
graph (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 subpara-
graph (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 subpara-
graph (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 subpara-
graph (A)—
‘‘(i) continues on active duty for an aggregate of
dkrause on GSDDPC44 with PUBLIC LAWS
less than 18 months; or
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00038 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2361
‘‘(ii) before completion of service on active duty
of an aggregate of 18 months, is discharged or released
from active duty as described in subsection (c).
‘‘(7) An individual who—
‘‘(A) commencing on or after September 11, 2001, serves
an aggregate of at least 6 months, but less than 12 months,
on active duty in the Armed Forces (excluding service on
active duty in entry level and skill training); and
‘‘(B) after completion of service described in subpara-
graph (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 subpara-
graph (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
dkrause on GSDDPC44 with PUBLIC LAWS
not be considered a part of the period of active duty on which
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00039 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2362 PUBLIC LAW 110–252—JUNE 30, 2008
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 para-
graphs (4) and (5) of subsection (b), the individual shall be treated
as being entitled to educational assistance under this chapter by
reason of paragraph (5) of subsection (b).
‘‘§ 3312. Educational assistance: duration
‘‘(a) IN GENERAL.—Subject to section 3695 and except as pro-
vided in subsections (b) and (c), an individual entitled to educational
assistance under this chapter is entitled to a number of months
of educational assistance under section 3313 equal to 36 months.
‘‘(b) CONTINUING RECEIPT.—The receipt of educational assist-
ance under section 3313 by an individual entitled to educational
assistance under this chapter is subject to the provisions of section
3321(b)(2).
‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE DUTY.—
‘‘(1) IN GENERAL.—Any payment of educational assistance
described in paragraph (2) shall not—
‘‘(A) be charged against any entitlement to educational
assistance of the individual concerned under this chapter;
or
‘‘(B) be counted against the aggregate period for which
section 3695 limits the individual’s receipt of educational
assistance under this chapter.
‘‘(2) DESCRIPTION OF PAYMENT OF EDUCATIONAL ASSIST-
ANCE.—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, profes-
sional, or vocational objective as a result of having to
discontinue, as described in subparagraph (A), the individ-
dkrause on GSDDPC44 with PUBLIC LAWS
ual’s course pursuit.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00040 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2363
‘‘(3) PERIOD FOR WHICH PAYMENT NOT CHARGED.—The
period for which, by reason of this subsection, educational
assistance is not charged against entitlement or counted toward
the applicable aggregate period under section 3695 of this title
shall not exceed the portion of the period of enrollment in
the course or courses from which the individual failed to receive
credit or with respect to which the individual lost training
time, as determined under paragraph (2)(B).
‘‘§ 3313. Educational assistance: amount; payment
‘‘(a) PAYMENT.—The Secretary shall pay to each individual enti-
tled 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 edu-
cation is an approved program of education for purposes of this
chapter if the program of education is offered by an institution
of higher learning (as that term is defined in section 3452(f)) and
is approved for purposes of chapter 30 (including approval by the
State approving agency concerned).
‘‘(c) AMOUNT OF EDUCATIONAL ASSISTANCE.—The amounts pay-
able under this subsection for pursuit of an approved program
of education are amounts as follows:
‘‘(1) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(1)
or 3311(b)(2), amounts as follows:
‘‘(A) An amount equal to the established charges for
the program of education, except that the amount payable
under this subparagraph may not exceed the maximum
amount of established charges regularly charged in-State
students for full-time pursuit of approved programs of edu-
cation for undergraduates by the public institution of
higher education offering approved programs of education
for undergraduates in the State in which the individual
is enrolled that has the highest rate of regularly-charged
established charges for such programs of education among
all public institutions of higher education in such State
offering such programs of education.
‘‘(B) A monthly stipend in an amount as follows:
‘‘(i) For each month the individual pursues the
program of education (other than, in the case of assist-
ance under this section only, a program of education
offered through distance learning), a monthly housing
stipend amount equal to the monthly amount of the
basic allowance for housing payable under section 403
of title 37 for a member with dependents in pay grade
E–5 residing in the military housing area that encom-
passes all or the majority portion of the ZIP code
area in which is located the institution of higher edu-
cation 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
dkrause on GSDDPC44 with PUBLIC LAWS
books, supplies, equipment, and other educational costs
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00041 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2364 PUBLIC LAW 110–252—JUNE 30, 2008
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 edu-
cation that such quarter, semester, or term con-
stitutes.
‘‘(2) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(3),
amounts equal to 90 percent of the amounts that would be
payable to the individual under paragraph (1) for the program
of education if the individual were entitled to amounts for
the program of education under paragraph (1) rather than
this paragraph.
‘‘(3) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(4),
amounts equal to 80 percent of the amounts that would be
payable to the individual under paragraph (1) for the program
of education if the individual were entitled to amounts for
the program of education under paragraph (1) rather than
this paragraph.
‘‘(4) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(5),
amounts equal to 70 percent of the amounts that would be
payable to the individual under paragraph (1) for the program
of education if the individual were entitled to amounts for
the program of education under paragraph (1) rather than
this paragraph.
‘‘(5) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(6),
amounts equal to 60 percent of the amounts that would be
payable to the individual under paragraph (1) for the program
of education if the individual were entitled to amounts for
the program of education under paragraph (1) rather than
this paragraph.
‘‘(6) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(7),
amounts equal to 50 percent of the amounts that would be
payable to the individual under paragraph (1) for the program
of education if the individual were entitled to amounts for
the program of education under paragraph (1) rather than
this paragraph.
‘‘(7) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(8),
amounts equal to 40 percent of the amounts that would be
payable to the individual under paragraph (1) for the program
of education if the individual were entitled to amounts for
the program of education under paragraph (1) rather than
this paragraph.
‘‘(d) FREQUENCY OF PAYMENT.—
‘‘(1) QUARTER, SEMESTER, OR TERM PAYMENTS.—Payment
of the amounts payable under subsection (c)(1)(A), and of
similar amounts payable under paragraphs (2) through (7) of
subsection (c), for pursuit of a program of education shall be
made for the entire quarter, semester, or term, as applicable,
dkrause on GSDDPC44 with PUBLIC LAWS
of the program of education.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00042 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2365
‘‘(2) MONTHLY PAYMENTS.—Payment of the amount payable
under subsection (c)(1)(B), and of similar amounts payable
under paragraphs (2) through (7) of subsection (c), for pursuit
of a program of education shall be made on a monthly basis.
‘‘(3) REGULATIONS.—The Secretary shall prescribe in regu-
lations 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 para-
graphs (1) and (2) for pursuit of a program of education on
a quarter, semester, term, or other basis.
‘‘(e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE DUTY.—
‘‘(1) IN GENERAL.—Educational assistance is payable under
this chapter for pursuit of an approved program of education
while on active duty.
‘‘(2) AMOUNT OF ASSISTANCE.—The amount of educational
assistance payable under this chapter to an individual pursuing
a program of education while on active duty is the lesser
of—
‘‘(A) the established charges which similarly
circumstanced nonveterans enrolled in the program of edu-
cation 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 speci-
fied in section 3014(b)(1)
‘‘(3) QUARTER, SEMESTER, OR TERM PAYMENTS.—Payment
of the amount payable under paragraph (2) for pursuit of a
program of education shall be made for the entire quarter,
semester, or term, as applicable, of the program of education.
‘‘(4) MONTHLY PAYMENTS.—For each month (as determined
pursuant to the methods prescribed under subsection (d)(3))
for which amounts are paid an individual under this subsection,
the entitlement of the individual to educational assistance
under this chapter shall be charged at the rate of one month
for each such month.
‘‘(f) PROGRAMS OF EDUCATION PURSUED ON HALF-TIME BASIS
OR LESS.—
‘‘(1) IN GENERAL.—Educational assistance is payable under
this chapter for pursuit of an approved program of education
on half-time basis or less.
‘‘(2) AMOUNT OF ASSISTANCE.—The educational assistance
payable under this chapter to an individual pursuing a program
of education on half-time basis or less is the amounts as follows:
‘‘(A) The amount equal to the lesser of—
‘‘(i) the established charges which similarly
circumstanced nonveterans enrolled in the program
of education involved would be required to pay; or
‘‘(ii) the maximum amount that would be payable
to the individual for the program of education under
paragraph (1)(A) of subsection (c), or under the provi-
sions of paragraphs (2) through (7) of subsection (c)
applicable to the individual, for the program of edu-
cation 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
dkrause on GSDDPC44 with PUBLIC LAWS
of the appropriately reduced amount of the lump sum
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00043 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2366 PUBLIC LAW 110–252—JUNE 30, 2008
amount for books, supplies, equipment, and other edu-
cational costs otherwise payable to the individual under
subsection (c).
‘‘(3) QUARTER, TERM, OR SEMESTER PAYMENTS.—Payment
of the amounts payable to an individual under paragraph (2)
for pursuit of a program of education on half-time basis or
less shall be made for the entire quarter, semester, or term,
as applicable, of the program of education.
‘‘(4) MONTHLY PAYMENTS.—For each month (as determined
pursuant to the methods prescribed under subsection (d)(3))
for which amounts are paid an individual under this subsection,
the entitlement of the individual to educational assistance
under this chapter shall be charged at a percentage of a month
equal to—
‘‘(A) the number of course hours borne by the individual
in pursuit of the program of education involved, divided
by
‘‘(B) the number of course hours for full-time pursuit
of such program of education.
‘‘(g) PAYMENT OF ESTABLISHED CHARGES TO EDUCATIONAL
INSTITUTIONS.—Amounts payable under subsections (c)(1)(A) (and
of similar amounts payable under paragraphs (2) through (7) of
subsection (c)), (e)(2), and (f)(2)(A) shall be paid directly to the
educational institution concerned.
‘‘(h) ESTABLISHED CHARGES DEFINED.—
‘‘(1) IN GENERAL.—In this section, the term ‘established
charges’, in the case of a program of education, means the
actual charges (as determined pursuant to regulations pre-
scribed by the Secretary) for tuition and fees which similarly
circumstanced nonveterans enrolled in the program of education
would be required to pay.
‘‘(2) BASIS OF DETERMINATION.—Established charges shall
be determined for purposes of this subsection on the following
basis:
‘‘(A) In the case of an individual enrolled in a program
of education offered on a term, quarter, or semester basis,
the tuition and fees charged the individual for the term,
quarter, or semester.
‘‘(B) In the case of an individual enrolled in a program
of education not offered on a term, quarter, or semester
basis, the tuition and fees charged the individual for the
entire program of education.
‘‘§ 3314. Tutorial assistance
‘‘(a) IN GENERAL.—Subject to subsection (b), an individual enti-
tled to educational assistance under this chapter shall also be
entitled to benefits provided an eligible veteran under section 3492.
‘‘(b) CONDITIONS.—
‘‘(1) IN GENERAL.—The provision of benefits under sub-
section (a) shall be subject to the conditions applicable to an
eligible veteran under section 3492.
‘‘(2) CERTIFICATION.—In addition to the conditions specified
in paragraph (1), benefits may not be provided to an individual
under subsection (a) unless the professor or other individual
teaching, leading, or giving the course for which such benefits
dkrause on GSDDPC44 with PUBLIC LAWS
are provided certifies that—
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00044 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2367
‘‘(A) such benefits are essential to correct a deficiency
of the individual in such course; and
‘‘(B) such course is required as a part of, or is pre-
requisite or indispensable to the satisfactory pursuit of,
an approved program of education.
‘‘(c) AMOUNT.—
‘‘(1) IN GENERAL.—The amount of benefits described in
subsection (a) that are payable under this section may not
exceed $100 per month, for a maximum of 12 months, or
until a maximum of $1,200 is utilized.
‘‘(2) AS ADDITIONAL ASSISTANCE.—The amount provided an
individual under this subsection is in addition to the amounts
of educational assistance paid the individual under section
3313.
‘‘(d) NO CHARGE AGAINST ENTITLEMENT.—Any benefits provided
an individual under subsection (a) are in addition to any other
educational assistance benefits provided the individual under this
chapter.
‘‘§ 3315. Licensure and certification tests
‘‘(a) IN GENERAL.—An individual entitled to educational assist-
ance under this chapter shall also be entitled to payment for one
licensing or certification test described in section 3452(b).
‘‘(b) LIMITATION ON AMOUNT.—The amount payable under sub-
section (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 edu-
cational assistance benefits provided the individual under this
chapter.
‘‘§ 3316. Supplemental educational assistance: members with
critical skills or specialty; members serving addi-
tional service
‘‘(a) INCREASED ASSISTANCE FOR MEMBERS WITH CRITICAL
SKILLS OR SPECIALTY.—
‘‘(1) IN GENERAL.—In the case of an individual who has
a skill or specialty designated by the Secretary concerned as
a skill or specialty in which there is a critical shortage of
personnel or for which it is difficult to recruit or, in the case
of critical units, retain personnel, the Secretary concerned may
increase the monthly amount of educational assistance other-
wise payable to the individual under paragraph (1)(B) of section
3313(c), or under paragraphs (2) through (7) of such section
(as applicable).
‘‘(2) MAXIMUM AMOUNT OF INCREASE IN ASSISTANCE.—The
amount of the increase in educational assistance authorized
by paragraph (1) may not exceed the amount equal to the
monthly amount of increased basic educational assistance
providable under section 3015(d)(1) at the time of the increase
under paragraph (1).
‘‘(b) SUPPLEMENTAL ASSISTANCE FOR ADDITIONAL SERVICE.—
‘‘(1) IN GENERAL.—The Secretary concerned may provide
for the payment to an individual entitled to educational assist-
dkrause on GSDDPC44 with PUBLIC LAWS
ance under this chapter of supplemental educational assistance
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00045 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2368 PUBLIC LAW 110–252—JUNE 30, 2008
for additional service authorized by subchapter III of chapter
30. The amount so payable shall be payable as an increase
in the monthly amount of educational assistance otherwise
payable to the individual under paragraph (1)(B) of section
3313(c), or under paragraphs (2) through (7) of such section
(as applicable).
‘‘(2) ELIGIBILITY.—Eligibility for supplement educational
assistance under this subsection shall be determined in accord-
ance with the provisions of subchapter III of chapter 30, except
that any reference in such provisions to eligibility for basic
educational assistance under a provision of subchapter II of
chapter 30 shall be treated as a reference to eligibility for
educational assistance under the appropriate provision of this
chapter.
‘‘(3) AMOUNT.—The amount of supplemental educational
assistance payable under this subsection shall be the amount
equal to the monthly amount of supplemental educational pay-
able under section 3022.
‘‘(c) REGULATIONS.—The Secretaries concerned shall administer
this section in accordance with such regulations as the Secretary
of Defense shall prescribe.
‘‘§ 3317. Public-private contributions for additional edu-
cational assistance
‘‘(a) ESTABLISHMENT OF PROGRAM.—In instances where the edu-
cational assistance provided pursuant to section 3313(c)(1)(A) does
not cover the full cost of established charges (as specified in section
3313), the Secretary shall carry out a program under which colleges
and universities can, voluntarily, enter into an agreement with
the Secretary to cover a portion of those established charges not
otherwise covered under section 3313(c)(1)(A), which contributions
shall be matched by equivalent contributions toward such costs
Applicability. by the Secretary. The program shall only apply to covered individ-
uals described in paragraphs (1) and (2) of section 3311(b).
‘‘(b) DESIGNATION OF PROGRAM.—The program under this sec-
tion shall be known as the ‘Yellow Ribbon G.I. Education Enhance-
ment Program’.
‘‘(c) AGREEMENTS.—The Secretary shall enter into an agreement
with each college or university seeking to participate in the program
under this section. Each agreement shall specify the following:
‘‘(1) The manner (whether by direct grant, scholarship,
or otherwise) of the contributions to be made by the college
or university concerned.
‘‘(2) The maximum amount of the contribution to be made
by the college or university concerned with respect to any
particular individual in any given academic year.
‘‘(3) The maximum number of individuals for whom the
college or university concerned will make contributions in any
given academic year.
‘‘(4) Such other matters as the Secretary and the college
or university concerned jointly consider appropriate.
‘‘(d) MATCHING CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—In instances where the educational
assistance provided an individual under section 3313(c)(1)(A)
does not cover the full cost of tuition and mandatory fees
at a college or university, the Secretary shall provide up to
dkrause on GSDDPC44 with PUBLIC LAWS
50 percent of the remaining costs for tuition and mandatory
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00046 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2369
fees if the college or university voluntarily enters into an agree-
ment with the Secretary to match an equal percentage of any
of the remaining costs for such tuition and fees.
‘‘(2) USE OF APPROPRIATED FUNDS.—Amounts available to
the Secretary under section 3324(b) for payment of the costs
of this chapter shall be available to the Secretary for purposes
of paragraph (1).
‘‘(e) OUTREACH.—The Secretary shall make available on the Website.
Internet website of the Department available to the public a current Public
list of the colleges and universities participating in the program information.
Lists.
under this section. The list shall specify, for each college or univer-
sity so listed, appropriate information on the agreement between
the Secretary and such college or university under subsection (c).
‘‘§ 3318. Additional assistance: relocation or travel assistance
for individual relocating or traveling significant
distance for pursuit of a program of education
‘‘(a) ADDITIONAL ASSISTANCE.—Each individual described in
subsection (b) shall be paid additional assistance under this section
in the amount of $500.
‘‘(b) COVERED INDIVIDUALS.—An individual described in this
subsection is any individual entitled to educational assistance under
this chapter—
‘‘(1) who resides in a county (or similar entity utilized
by the Bureau of the Census) with less than seven persons
per square mile, according to the most recent decennial Census;
and
‘‘(2) who—
‘‘(A) physically relocates a distance of at least 500
miles in order to pursue a program of education for which
the individual utilizes educational assistance under this
chapter; or
‘‘(B) travels by air to physically attend an institution
of higher education for pursuit of such a program of edu-
cation because the individual cannot travel to such institu-
tion by automobile or other established form of transpor-
tation 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.
‘‘§ 3319. Authority to transfer unused education benefits to
family members
‘‘(a) IN GENERAL.—Subject to the provisions of this section,
the Secretary of Defense may authorize the Secretary concerned,
to promote recruitment and retention of members of the Armed
dkrause on GSDDPC44 with PUBLIC LAWS
Forces, to permit an individual described in subsection (b) who
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00047 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2370 PUBLIC LAW 110–252—JUNE 30, 2008
is entitled to educational assistance under this chapter to elect
to transfer to one or more of the dependents specified in subsection
(c) a portion of such individual’s entitlement to such assistance,
subject to the limitation under subsection (d).
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in sub-
section (a) is any member of the Armed Forces who, at the time
of the approval of the individual’s request to transfer entitlement
to educational assistance under this section, has completed at
least—
‘‘(1) six years of service in the armed forces and enters
into an agreement to serve at least four more years as a
member of the Armed Forces; or
‘‘(2) the years of service as determined in regulations pursu-
ant to section (k).
‘‘(c) ELIGIBLE DEPENDENTS.—An individual approved to transfer
an entitlement to educational assistance under this section may
transfer the individual’s entitlement as follows:
‘‘(1) To the individual’s spouse.
‘‘(2) To one or more of the individual’s children.
‘‘(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number
of months of entitlement transferred by a individual under this
section may not exceed 36 months. The Secretary of Defense may
prescribe regulations that would limit the months of entitlement
that may be transferred under this section to no less than 18
months.
‘‘(e) DESIGNATION OF TRANSFEREE.—An individual transferring
an entitlement to educational assistance under this section shall—
‘‘(1) designate the dependent or dependents to whom such
entitlement is being transferred;
‘‘(2) designate the number of months of such entitlement
to be transferred to each such dependent; and
‘‘(3) specify the period for which the transfer shall be effec-
tive for each dependent designated under paragraph (1).
‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION.—
‘‘(1) TIME FOR TRANSFER.—Subject to the time limitation
for use of entitlement under section 3321 an individual
approved to transfer entitlement to educational assistance
under this section may transfer such entitlement only while
serving as a member of the armed forces when the transfer
is executed.
‘‘(2) MODIFICATION OR REVOCATION.—
‘‘(A) IN GENERAL.—An individual transferring entitle-
ment under this section may modify or revoke at any
time the transfer of any unused portion of the entitlement
so transferred.
‘‘(B) NOTICE.—The modification or revocation of the
transfer of entitlement under this paragraph shall be made
by the submittal of written notice of the action to both
the Secretary concerned and the Secretary of Veterans
Affairs.
‘‘(3) PROHIBITION ON TREATMENT OF TRANSFERRED ENTITLE-
MENT 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
dkrause on GSDDPC44 with PUBLIC LAWS
other civil proceeding.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00048 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2371
‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitle-
ment to educational assistance is transferred under this section
may not commence the use of the transferred entitlement until—
‘‘(1) in the case of entitlement transferred to a spouse,
the completion by the individual making the transfer of at
least—
‘‘(A) six years of service in the armed forces; or
‘‘(B) the years of service as determined in regulations
pursuant to subsection (j); or
‘‘(2) in the case of entitlement transferred to a child, both—
‘‘(A) the completion by the individual making the
transfer of at least—
‘‘(i) ten years of service in the armed forces; or
‘‘(ii) the years of service as determined in regula-
tions pursuant to subsection (j); and
‘‘(B) either—
‘‘(i) the completion by the child of the requirements
of a secondary school diploma (or equivalency certifi-
cate); or
‘‘(ii) the attainment by the child of 18 years of
age.
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—
‘‘(1) USE.—The use of any entitlement to educational assist-
ance transferred under this section shall be charged against
the entitlement of the individual making the transfer at the
rate of one month for each month of transferred entitlement
that is used.
‘‘(2) NATURE OF TRANSFERRED ENTITLEMENT.—Except as
provided under subsection (e)(2) and subject to paragraphs
(5) and (6)—
‘‘(A) in the case of entitlement transferred to a spouse
under this section, the spouse is entitled to educational
assistance under this chapter in the same manner as the
individual from whom the entitlement was transferred;
or
‘‘(B) in the case of entitlement transferred to a child
under this section, the child is entitled to educational
assistance under this chapter in the same manner as the
individual from whom the entitlement was transferred as
if the individual were not on active duty.
‘‘(3) RATE OF PAYMENT.—The monthly rate of educational
assistance payable to a dependent to whom entitlement referred
to in paragraph (2) is transferred under this section shall
be payable—
‘‘(A) in the case of a spouse, at the same rate as
such entitlement would otherwise be payable under this
chapter to the individual making the transfer; or
‘‘(B) in the case of a child, at the same rate as such
entitlement would otherwise be payable under this chapter
to the individual making the transfer as if the individual
were not on active duty.
‘‘(4) DEATH OF TRANSFEROR.—The death of an individual
transferring an entitlement under this section shall not affect
the use of the entitlement by the dependent to whom the
entitlement is transferred.
‘‘(5) LIMITATION ON AGE OF USE BY CHILD TRANSFEREES.—
dkrause on GSDDPC44 with PUBLIC LAWS
A child to whom entitlement is transferred under this section
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00049 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2372 PUBLIC LAW 110–252—JUNE 30, 2008
may use the benefit without regard to the 15-year delimiting
date, but may not use any entitlement so transferred after
attaining the age of 26 years.
‘‘(6) SCOPE OF USE BY TRANSFEREES.—The purposes for
which a dependent to whom entitlement is transferred under
this section may use such entitlement shall include the pursuit
and completion of the requirements of a secondary school
diploma (or equivalency certificate).
Applicability. ‘‘(7) ADDITIONAL ADMINISTRATIVE PROVISIONS.—The
administrative provisions of this chapter shall apply to the
use of entitlement transferred under this section, except that
the dependent to whom the entitlement is transferred shall
be treated as the eligible individual for purposes of such provi-
sions.
‘‘(i) OVERPAYMENT.—
‘‘(1) JOINT AND SEVERAL LIABILITY.—In the event of an
overpayment of educational assistance with respect to a
dependent to whom entitlement is transferred under this sec-
tion, the dependent and the individual making the transfer
shall be jointly and severally liable to the United States for
the amount of the overpayment for purposes of section 3685.
‘‘(2) FAILURE TO COMPLETE SERVICE AGREEMENT.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), if an individual transferring entitlement under this
section fails to complete the service agreed to by the indi-
vidual under subsection (b)(1) in accordance with the terms
of the agreement of the individual under that subsection,
the amount of any transferred entitlement under this sec-
tion that is used by a dependent of the individual as
of the date of such failure shall be treated as an overpay-
ment of educational assistance under paragraph (1).
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
in the case of an individual who fails to complete service
agreed to by the individual—
‘‘(i) by reason of the death of the individual; or
‘‘(ii) for a reason referred to in section 3311(c)(4).
‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in coordina-
tion with the Secretary of Veterans Affairs, shall prescribe regula-
tions for purposes of this section.
‘‘(2) Such regulations shall specify—
‘‘(A) the manner of authorizing the transfer of entitlements
under this section;
‘‘(B) the eligibility criteria in accordance with subsection
(b); and
‘‘(C) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2).
‘‘(k) SECRETARY CONCERNED DEFINED.—Notwithstanding sec-
tion 101(25), in this section, the term ‘Secretary concerned’ means—
‘‘(1) the Secretary of the Army with respect to matters
concerning the Army;
‘‘(2) the Secretary of the Navy with respect to matters
concerning the Navy or the Marine Corps;
‘‘(3) the Secretary of the Air Force with respect to matters
concerning the Air Force; and
‘‘(4) the Secretary of Defense with respect to matters con-
cerning the Coast Guard, or the Secretary of Homeland Security
dkrause on GSDDPC44 with PUBLIC LAWS
when it is not operating as a service in the Navy.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00050 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2373
‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS
‘‘§ 3321. Time limitation for use of and eligibility for entitle-
ment
‘‘(a) IN GENERAL.—Except as provided in this section, the period
during which an individual entitled to educational assistance under
this chapter may use such individual’s entitlement expires at the
end of the 15-year period beginning on the date of such individual’s
last discharge or release from active duty.
‘‘(b) EXCEPTIONS.—
‘‘(1) APPLICABILITY OF SECTION 3031 TO RUNNING OF
PERIOD.—Subsections (b), (c), and (d) of section 3031 shall apply
with respect to the running of the 15-year period described
in subsection (a) of this section in the same manner as such
subsections apply under section 3031 with respect to the run-
ning of the 10-year period described in section 3031(a).
‘‘(2) APPLICABILITY OF SECTION 3031 TO TERMINATION.—Sec-
tion 3031(f) shall apply with respect to the termination of
an individual’s entitlement to educational assistance under this
chapter in the same manner as such section applies to the
termination of an individual’s entitlement to educational assist-
ance under chapter 30, except that, in the administration of
such section for purposes of this chapter, the reference to section
3013 shall be deemed to be a reference to 3312.
‘‘(3) DETERMINATION OF LAST DISCHARGE OR RELEASE.—
For purposes of subsection (a), an individual’s last discharge
or release from active duty shall not include any discharge
or release from a period of active duty of less than 90 days
of continuous service, unless the individual is discharged or
released as described in section 3311(b)(2).
‘‘§ 3322. Bar to duplication of educational assistance benefits
‘‘(a) IN GENERAL.—An individual entitled to educational assist-
ance under this chapter who is also eligible for educational assist-
ance 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 pur-
poses 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
dkrause on GSDDPC44 with PUBLIC LAWS
contributions toward entitlement to educational assistance under
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00051 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2374 PUBLIC LAW 110–252—JUNE 30, 2008
chapter 30 of this title, as of August 1, 2009, coordination of entitle-
ment to educational assistance under this chapter, on the one
hand, and such chapters or provisions, on the other, shall be gov-
erned by the provisions of section 5003(c) of the Post-9/11 Veterans
Educational Assistance Act of 2008.
‘‘§ 3323. Administration
‘‘(a) IN GENERAL.—
Applicability. ‘‘(1) IN GENERAL.—Except as otherwise provided in this
chapter, the provisions specified in section 3034(a)(1) shall
apply to the provision of educational assistance under this
chapter.
‘‘(2) SPECIAL RULE.—In applying the provisions referred
to in paragraph (1) to an individual entitled to educational
assistance under this chapter for purposes of this section, the
reference in such provisions to the term ‘eligible veteran’ shall
be deemed to refer to an individual entitled to educational
assistance under this chapter.
‘‘(3) RULE FOR APPLYING SECTION 3474.—In applying section
3474 to an individual entitled to educational assistance under
this chapter for purposes of this section, the reference in such
section 3474 to the term ‘educational assistance allowance’ shall
be deemed to refer to educational assistance payable under
section 3313.
‘‘(4) RULE FOR APPLYING SECTION 3482.—In applying section
3482(g) to an individual entitled to educational assistance under
this chapter for purposes of this section—
‘‘(A) the first reference to the term ‘educational assist-
ance allowance’ in such section 3482(g) shall be deemed
to refer to educational assistance payable under section
3313; and
‘‘(B) the first sentence of paragraph (1) of such section
3482(g) shall be applied as if such sentence ended with
‘equipment’.
‘‘(b) INFORMATION ON BENEFITS.—
Regulations. ‘‘(1) TIMING FOR PROVIDING.—The Secretary shall provide
the information described in paragraph (2) to each member
of the Armed Forces at such times as the Secretary and the
Secretary of Defense shall jointly prescribe in regulations.
‘‘(2) DESCRIPTION OF INFORMATION.—The information
described in this paragraph is information on benefits, limita-
tions, procedures, eligibility requirements (including time-in-
service requirements), and other important aspects of edu-
cational assistance under this chapter, including application
forms for such assistance under section 5102.
‘‘(3) TO WHOM PROVIDED.—The Secretary of Veterans
Affairs shall furnish the information and forms described in
paragraph (2), and other educational materials on educational
assistance under this chapter, to educational institutions,
training establishments, military education personnel, and such
other persons and entities as the Secretary considers appro-
priate.
‘‘(c) REGULATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall prescribe regulations
dkrause on GSDDPC44 with PUBLIC LAWS
for the administration of this chapter.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00052 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2375
‘‘(2) UNIFORMITY.—Any regulations prescribed by the Sec- Applicability.
retary of Defense for purposes of this chapter shall apply uni-
formly across the Armed Forces.
‘‘§ 3324. Allocation of administration and costs
‘‘(a) ADMINISTRATION.—Except as otherwise provided in this
chapter, the Secretary shall administer the provision of educational
assistance under this chapter.
‘‘(b) COSTS.—Payments for entitlement to educational assistance
earned under this chapter shall be made from funds appropriated
to, or otherwise made available to, the Department for the payment
of readjustment benefits.’’.
(2) CLERICAL AMENDMENTS.—The tables of chapters at the
beginning of title 38, United States Code, and at the beginning
of part III of such title, are each amended by inserting after
the item relating to chapter 32 the following new item:
‘‘33. Post-9/11 Educational Assistance ............................................................3301.’’.
(b) CONFORMING AMENDMENTS.—
(1) AMENDMENTS RELATING TO DUPLICATION OF BENE-
FITS.—
(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 estab-
lished by chapter 106 of title 10’’ and inserting ‘‘two
or more of the programs established by this chapter,
chapter 33 of this title, and chapters 1606 and 1607
of title 10’’.
(B) Paragraph (4) of section 3695(a) of such title is
amended to read as follows:
‘‘(4) Chapters 30, 32, 33, 34, 35, and 36.’’.
(C) Section 16163(e) of title 10, United States Code,
is amended by inserting ‘‘33,’’ after ‘‘32,’’.
(2) ADDITIONAL CONFORMING AMENDMENTS.—
(A) Title 38, United States Code, is further amended
by inserting ‘‘33,’’ after ‘‘32,’’ each place it appears in the
following provisions:
(i) In subsections (b) and (e)(1) of section 3485.
(ii) In section 3688(b).
(iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and
(e)(2) of section 3689.
(iv) In section 3690( b)(3)(A).
(v) In subsections (a) and (b) of section 3692.
(vi) In section 3697(a).
(B) Section 3697A(b)(1) of such title is amended by
striking ‘‘or 32’’ and inserting ‘‘32, or 33’’.
(c) APPLICABILITY TO INDIVIDUALS UNDER MONTGOMERY GI BILL 38 USC 3301
PROGRAM.— note.
(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 indi-
vidual—
dkrause on GSDDPC44 with PUBLIC LAWS
(A) as of August 1, 2009—
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00053 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2376 PUBLIC LAW 110–252—JUNE 30, 2008
(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).
Effective date. (2) CESSATION OF CONTRIBUTIONS TOWARD GI BILL.—Effec-
tive 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 ENTITLE-
MENT.—
(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
dkrause on GSDDPC44 with PUBLIC LAWS
entitlement described in subparagraph (A) that is not
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00054 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2377
revoked by an individual in accordance with that subpara-
graph shall remain available to the dependent or depend-
ents 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 edu-
cational 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 edu-
cational assistance under chapter 107, 1606, or 1607 of
title 10, United States Code, as applicable.
(B) LIMITATION ON ENTITLEMENT FOR CERTAIN INDIVID-
UALS.—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 entitle-
ment 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 indi-
vidual 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 subpara-
graph (A) (as determined as if such entitlement were uti-
lized 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 indi-
vidual 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
dkrause on GSDDPC44 with PUBLIC LAWS
payable to the individual under chapter 33 of title 38,
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00055 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2378 PUBLIC LAW 110–252—JUNE 30, 2008
United States Code (as so added), as a monthly stipend
payable under paragraph (1)(B) of section 3313(c) of such
title, or under paragraphs (2) through (7) of that section
(as applicable), shall be the amount otherwise payable as
a monthly stipend under the applicable paragraph
increased by the amount equal to—
(i) the total amount of contributions toward basic
educational assistance made by the individual under
section 3011(b) or 3012(c) of title 38, United States
Code, as of the date of the election, multiplied by
(ii) the fraction—
(I) the numerator of which is—
(aa) the number of months of entitlement
to basic educational assistance under chapter
30 of title 38, United States Code, remaining
to the individual at the time of the election;
plus
(bb) the number of months, if any, of
entitlement under such chapter 30 revoked
by the individual under paragraph (3)(A); and
(II) the denominator of which is 36 months.
(B) MONTHS OF REMAINING ENTITLEMENT FOR CERTAIN
INDIVIDUALS.—In the case of an individual covered by
subparagraph (A) who is described by paragraph (1)(A)(v),
the number of months of entitlement to basic educational
assistance remaining to the individual for purposes of
subparagraph (A)(ii)(I)(aa) shall be 36 months.
(C) TIMING OF PAYMENT.—The amount payable with
respect to an individual under subparagraph (A) shall be
paid to the individual together with the last payment of
the monthly stipend payable to the individual under para-
graph (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 supple-
mental 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 supple-
mental educational assistance payable with respect to the indi-
vidual at the time of the election.
(8) IRREVOCABILITY OF ELECTIONS.—An election under
paragraph (1) or (3)(A) is irrevocable.
10 USC 16163 (d) EFFECTIVE DATE.—This section and the amendments made
dkrause on GSDDPC44 with PUBLIC LAWS
note. by this section shall take effect on August 1, 2009.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00056 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2379
INCREASE IN AMOUNTS OF BASIC EDUCATIONAL ASSISTANCE UNDER
THE MONTGOMERY GI BILL
SEC. 5004. (a) EDUCATIONAL ASSISTANCE BASED ON THREE-
YEAR PERIOD OF OBLIGATED SERVICE.—Subsection (a)(1) of section
3015 of title 38, United States Code, is amended—
(1) by striking subparagraphs (A) through (C) and inserting
the following new subparagraph:
‘‘(A) for months occurring during the period beginning on
August 1, 2008, and ending on the last day of fiscal year
2009, $1,321; and’’; and
(2) by redesignating subparagraph (D) as subparagraph
(B).
(b) EDUCATIONAL ASSISTANCE BASED ON TWO-YEAR PERIOD OF
OBLIGATED SERVICE.—Subsection (b)(1) of such section is
amended—
(1) by striking subparagraphs (A) through (C) and inserting
the following new subparagraph:
‘‘(A) for months occurring during the period beginning on
August 1, 2008, and ending on the last day of fiscal year
2009, $1,073; and’’; and
(2) by redesignating subparagraph (D) as subparagraph
(B).
(c) MODIFICATION OF MECHANISM FOR COST-OF-LIVING ADJUST-
MENTS.—Subsection (h)(1) of such section is amended by striking
subparagraphs (A) and (B) and inserting the following new subpara-
graphs:
‘‘(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.— 38 USC 3015
(1) IN GENERAL.—The amendments made by this section note.
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 sub-
sections (a) and (b) of such section (as so amended) shall not
be made for fiscal year 2009.
MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT OF
STATE AND LOCAL AGENCIES ADMINISTERING VETERANS EDUCATION
BENEFITS
SEC. 5005. Section 3674(a)(4) of title 38, United States Code,
is amended by striking ‘‘may not exceed’’ and all that follows
through the end and inserting ‘‘shall be $19,000,000.’’.
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00057 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2380 PUBLIC LAW 110–252—JUNE 30, 2008
AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS TO FAMILY
MEMBERS FOR CAREER SERVICE MEMBERS
SEC. 5006. (a) AUTHORITY TO TRANSFER MONTGOMERY GI BILL
BENEFITS TO A DEPENDENT.—Section 3020 of title 38, United States
Code, is amended—
(1) by striking the section heading and subsections (a)
and (b) and inserting the following:
‘‘§ 3020. Authority to transfer unused education benefits to
family members for career service members
‘‘(a) IN GENERAL.—Subject to the provisions of this section,
the Secretary of Defense may authorize the Secretary concerned,
to promote recruitment and retention of members of the Armed
Forces, to permit an individual described in subsection (b) who
is entitled to basic educational assistance under this subchapter
to elect to transfer to one or more of the dependents specified
in subsection (c) the unused portion of entitlement to such assist-
ance, subject to the limitation under subsection (d).
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in sub-
section (a) is any member of the Armed Forces—
‘‘(1) who, while serving on active duty or as a member
of the Selected Reserve at the time of the approval by the
Secretary concerned of the member’s request to transfer entitle-
ment to basic educational assistance under this section, has
completed six years of service in the Armed Forces and enters
into an agreement to serve at least four more years as a
member of the Armed Forces; or
‘‘(2) as determined in regulations pursuant to subsection
(k).’’;
(2) by striking subsection (d) and inserting the following:
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—(1) An individual
approved to transfer an entitlement to basic educational assistance
under this section may transfer any unused entitlement to one
or more of the dependents specified in subsection (c).
‘‘(2) The total number of months of entitlement transferred
by an individual under this section may not exceed 36 months.
The Secretary of Defense may prescribe regulations that would
limit the months of entitlement that may be transferred under
this section to no less than 18 months.’’;
(3) in subsection (f)(1) by striking ‘‘without regard to
whether’’ and inserting ‘‘only while’’; and
(4) in subsection (f)(2) by inserting ‘‘as long as the indi-
vidual is serving on active duty or as a member of the Selected
Reserve’’ after ‘‘so transferred’’;
(5) by adding at the end of subsection (f) the following:
‘‘(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital estate, subject
to division in a divorce or other civil proceeding.’’;
(6) in subsection (h)(5) by inserting ‘‘may use the benefit
without regard to the 10-year delimiting date, but’’ after ‘‘under
this section’’; and
(7) by striking subsection (k) and inserting the following:
‘‘(k) REGULATIONS.—The Secretary of Defense, in coordination
with the Secretary of Veterans Affairs, shall prescribe regulations
dkrause on GSDDPC44 with PUBLIC LAWS
for purposes of this section. Such regulations shall specify—
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00058 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2381
‘‘(1) the manner of authorizing the military departments
to offer transfer of entitlements under this section;
‘‘(2) the eligibility criteria in accordance with subsection
(b);
‘‘(3) the limitations on the amount of entitlement eligible
to be transferred; and
‘‘(4) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2).’’.
(b) AUTHORITY TO TRANSFER MONTGOMERY GI BILL FOR THE
SELECTED RESERVE BENEFITS TO A DEPENDENT.—Chapter 1606 of
title 10, United States Code, is amended by inserting after section
16132 the following:
‘‘§ 16132a. Authority to transfer unused education benefits
to family members
‘‘(a) IN GENERAL.—Subject to regulation prescribed by the Sec- Regulations.
retary of Defense, the Secretary concerned may permit a member
described in subsection (b) who is entitled to basic educational
assistance under this chapter to elect to transfer to one or more
of the dependents specified in subsection (c) a portion of such
member’s entitlement to such assistance, subject to the limitation
under subsection (d).
‘‘(b) ELIGIBLE MEMBERS.—A member referred to in subsection
(a) is a member of the Selected Reserve of the Ready Reserve
who, at the time of the approval of the member’s request to transfer
entitlement to basic educational assistance under this section, has
completed—
‘‘(1) at least six years of service in the Selected Reserve
and enters into an agreement to service at least four more
years as a member of the armed forces; or
‘‘(2) the years of service as determined in regulations pursu-
ant to subsection (j).
‘‘(c) ELIGIBLE DEPENDENTS.—A member approved to transfer
an entitlement to basic educational assistance under this section
may transfer the member’s entitlement as follows:
‘‘(1) To the member’s spouse.
‘‘(2) To one or more of the member’s children.
‘‘(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number
of months of entitlement transferred by a member under this section
may not exceed 36 months. The Secretary of Defense may prescribe
regulations that would limit the months of entitlement that may
be transferred under this section to no less than 18 months.
‘‘(e) DESIGNATION OF TRANSFEREE.—A member transferring an
entitlement to basic educational assistance under this section
shall—
‘‘(1) designate the dependent or dependents to whom such
entitlement is being transferred;
‘‘(2) designate the number of months of such entitlement
to be transferred to each such dependent; and
‘‘(3) specify the period for which the transfer shall be effec-
tive for each dependent designated under paragraph (1).
‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION.—
(1) Subject to the time limitation for use of entitlement under
dkrause on GSDDPC44 with PUBLIC LAWS
section 16133, a member approved to transfer entitlement to basic
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00059 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2382 PUBLIC LAW 110–252—JUNE 30, 2008
educational assistance under this section may transfer such entitle-
ment at any time after the approval of the member’s request to
transfer such entitlement.
‘‘(2) A member transferring entitlement under this section may
modify or revoke at any time the transfer of any unused portion
Notice. of the entitlement so transferred. The modification or revocation
of the transfer of entitlement under this paragraph shall be made
by the submittal of written notice of the action to both the Secretary
concerned and the Secretary of Veterans Affairs.
‘‘(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital estate, subject
to division in a divorce or other civil proceeding.
‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitle-
ment to basic educational assistance is transferred under this sec-
tion may not commence the use of the transferred entitlement
until—
‘‘(1) in the case of entitlement transferred to a spouse,
the completion by the member making the transfer of at least—
‘‘(A) six years of service in the armed forces; or
‘‘(B) the years of service as determined in regulations
pursuant to subsection (j); or
‘‘(2) in the case of entitlement transferred to a child, both—
‘‘(A) the completion by the member making the transfer
of at least—
‘‘(i) ten years of service in the armed forces; or
‘‘(ii) the years of service as determined in regula-
tions pursuant to subsection (j); and
‘‘(B) either—
‘‘(i) the completion by the child of the requirements
of a secondary school diploma (or equivalency certifi-
cate); or
‘‘(ii) the attainment by the child of 18 years of
age.
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any
entitlement to basic educational assistance transferred under this
section shall be charged against the entitlement of the member
making the transfer at the rate of one month for each month
of transferred entitlement that is used.
‘‘(2) Except as provided under subsection (e)(2) and subject
to paragraphs (5) and (6), a dependent to whom entitlement is
transferred under this section is entitled to basic educational assist-
ance under this chapter in the same manner as the member from
whom the entitlement was transferred.
‘‘(3) The monthly rate of educational assistance payable to
a dependent to whom entitlement is transferred under this section
shall be the monthly amount payable under sections 16131 and
16131a to the member making the transfer.
‘‘(4) The death of a member transferring an entitlement under
this section shall not affect the use of the entitlement by the
dependent to whom the entitlement is transferred.
‘‘(5) The involuntary separation or retirement of the member—
‘‘(A) because of a nondiscretionary provision of law for
age or years of service;
‘‘(B) because of a policy prescribed by the Secretary con-
cerned mandating such separation or retirement based solely
on age or years of service for the prescribed pay grade of
dkrause on GSDDPC44 with PUBLIC LAWS
an enlisted member;
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00060 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2383
‘‘(C) under section 16133(b); or
‘‘(D) because of medical disqualification which is not the
result of gross negligence or misconduct of the member,
shall not affect the use of entitlement by the dependent to whom
the entitlement is transferred.
‘‘(6) A child to whom entitlement is transferred under this
section may not use any entitlement so transferred after attaining
the age of 26 years.
‘‘(7) The administrative provisions of this chapter shall apply Applicability.
to the use of entitlement transferred under this section, except
that the dependent to whom the entitlement is transferred shall
be treated as the eligible member for purposes of such provisions.
‘‘(8) The purposes for which a dependent to whom entitlement
is transferred under this section may use such entitlement shall
include the pursuit and completion of the requirements of a sec-
ondary school diploma (or equivalency certificate).
‘‘(i) OVERPAYMENT.—(1) In the event of an overpayment of basic
educational assistance with respect to a dependent to whom entitle-
ment is transferred under this section, the dependent and the
member making the transfer shall be jointly and severally liable
to the United States for the amount of the overpayment for purposes
of section 3685 of title 38.
‘‘(2) Except as provided in paragraph (3), if a member’s whose
eligibility is terminated under section 16134(2), the amount of any
transferred entitlement under this section that is used by a
dependent of the member as of the date of such termination shall
be treated as an overpayment of basic educational assistance under
paragraph (1).
‘‘(3) Paragraph (2) shall not apply in the case of a member
who fails to complete service agreed to by the member—
‘‘(A) by reason of the death of the member; or
‘‘(B) for a reason referred to in section 16133(b).
‘‘(j) REGULATIONS.—The Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, shall prescribe regulations
for purposes of this section. Such regulations shall specify—
‘‘(1) the manner of authorizing the military departments
to offer transfer of entitlements under this section;
‘‘(2) the eligibility criteria in accordance with subsection
(b);
‘‘(3) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2); and
‘‘(4) the manner in which the provisions referred to in
subsections (h)(4) and (5) shall be administered with respect
to a dependent to whom entitlement is transferred under this
section.’’.
(c) AUTHORITY TO TRANSFER RESERVE EDUCATIONAL ASSISTANCE
PROGRAM BENEFITS TO A DEPENDENT.—Chapter 1607 of such title
is amended by inserting after section 16163 the following:
‘‘§ 16163a. Authority to transfer unused education benefits
to family members
‘‘(a) IN GENERAL.—Subject to the provisions of this section,
the Secretary concerned may permit, at such Secretary’s sole discre-
tion, a member described in subsection (b) who is entitled to basic
educational assistance under this chapter to elect to transfer to
dkrause on GSDDPC44 with PUBLIC LAWS
one or more of the dependents specified in subsection (c) a portion
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00061 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2384 PUBLIC LAW 110–252—JUNE 30, 2008
of such member’s entitlement to such assistance, subject to the
limitation under subsection (d).
‘‘(b) ELIGIBLE MEMBERS.—A member referred to in subsection
(a) is a member of the armed forces who, at the time of the
approval of the member’s request to transfer entitlement to basic
educational assistance under this section, has completed at least—
‘‘(1) six years of service in the armed forces and enters
into an agreement to serve at least four more years as a
member of the armed forces; or
‘‘(2) the years of service as determined in regulations pursu-
ant to section (j).
‘‘(c) ELIGIBLE DEPENDENTS.—A member approved to transfer
an entitlement to basic educational assistance under this section
may transfer the member’s entitlement as follows:
‘‘(1) To the member’s spouse.
‘‘(2) To one or more of the member’s children.
‘‘(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number
of months of entitlement transferred by a member under this section
may not exceed 36 months. The Secretary of Defense may prescribe
regulations that would limit the months of entitlement that may
be transferred under this section to no less than 18 months.
‘‘(e) DESIGNATION OF TRANSFEREE.—A member transferring an
entitlement to basic educational assistance under this section
shall—
‘‘(1) designate the dependent or dependents to whom such
entitlement is being transferred;
‘‘(2) designate the number of months of such entitlement
to be transferred to each such dependent; and
‘‘(3) specify the period for which the transfer shall be effec-
tive for each dependent designated under paragraph (1).
‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION.—
(1) Subject to the time limitation for use of entitlement under
section 16164, a member approved to transfer entitlement to basic
educational assistance under this section may transfer such entitle-
ment only while serving as a member of the armed forces when
the transfer is executed.
‘‘(2) A member transferring entitlement under this section may
modify or revoke at any time the transfer of any unused portion
Notice. of the entitlement so transferred. The modification or revocation
of the transfer of entitlement under this paragraph shall be made
by the submittal of written notice of the action to both the Secretary
concerned and the Secretary of Veterans Affairs.
‘‘(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital estate, subject
to division in a divorce or other civil proceeding.
‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitle-
ment to basic educational assistance is transferred under this sec-
tion may not commence the use of the transferred entitlement
until—
‘‘(1) in the case of entitlement transferred to a spouse,
the completion by the member making the transfer of at least—
‘‘(A) six years of service in the armed forces; or
‘‘(B) the years of service as determined in regulations
pursuant to subsection (j); or
dkrause on GSDDPC44 with PUBLIC LAWS
‘‘(2) in the case of entitlement transferred to a child, both—
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00062 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2385
‘‘(A) the completion by the member making the transfer
of at least—
‘‘(i) ten years of service in the armed forces; or
‘‘(ii) the years of service as determined in regula-
tions pursuant to subsection (j); and
‘‘(B) either—
‘‘(i) the completion by the child of the requirements
of a secondary school diploma (or equivalency certifi-
cate); or
‘‘(ii) the attainment by the child of 18 years of
age.
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any
entitlement to basic educational assistance transferred under this
section shall be charged against the entitlement of the member
making the transfer at the rate of one month for each month
of transferred entitlement that is used.
‘‘(2) Except as provided under subsection (e)(2) and subject
to paragraphs (5) and (6), a dependent to whom entitlement is
transferred under this section is entitled to basic educational assist-
ance under this chapter in the same manner as the member from
whom the entitlement was transferred.
‘‘(3) The monthly rate of educational assistance payable to
a dependent to whom entitlement is transferred under this section
shall be the monthly amount payable under sections 16162 and
16162a to the member making the transfer.
‘‘(4) The death of a member transferring an entitlement under
this section shall not affect the use of the entitlement by the
dependent to whom the entitlement is transferred.
‘‘(5) Notwithstanding section 16164(a)(2), a child to whom
entitlement is transferred under this section may use the benefit
without regard to the 10-year delimiting date, but may not use
any entitlement so transferred after attaining the age of 26 years.
‘‘(6) The administrative provisions of this chapter shall apply Applicability.
to the use of entitlement transferred under this section, except
that the dependent to whom the entitlement is transferred shall
be treated as the eligible member for purposes of such provisions.
‘‘(7) The purposes for which a dependent to whom entitlement
is transferred under this section may use such entitlement shall
include the pursuit and completion of the requirements of a sec-
ondary school diploma (or equivalency certificate).
‘‘(i) OVERPAYMENT.—
‘‘(1) JOINT AND SEVERAL LIABILITY.—In the event of an
overpayment of basic educational assistance with respect to
a dependent to whom entitlement is transferred under this
section, the dependent and the member making the transfer
shall be jointly and severally liable to the United States for
the amount of the overpayment for purposes of section 3685
of title 38.
‘‘(2) FAILURE TO COMPLETE SERVICE AGREEMENT.—Except
as provided in paragraph (3), if an individual transferring
entitlement under this section fails to complete the service
agreed to by the individual under subsection (b)(1) in accord-
ance 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
dkrause on GSDDPC44 with PUBLIC LAWS
of educational assistance under paragraph (1).
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00063 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2386 PUBLIC LAW 110–252—JUNE 30, 2008
‘‘(3) Paragraph (2) shall not apply in the case of an indi-
vidual who fails to complete service agreed to by the indi-
vidual—
‘‘(A) by reason of the death of the individual; or
‘‘(B) for a reason referred to in section 16133(b).
‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in coordina-
tion with the Secretary of Veterans Affairs, shall prescribe regula-
tions for purposes of this section.
‘‘(2) Such regulations shall specify—
‘‘(A) the manner of authorizing the transfer of entitlements
under this section;
‘‘(B) the eligibility criteria in accordance with subsection
(b); and
‘‘(C) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2).
‘‘(k) SECRETARY CONCERNED DEFINED.—For purposes of this
section, the term ‘Secretary concerned’ has the meaning given in
section 101(a)(9) in the case of a member of the armed forces.’’.
(d) CONFORMING AMENDMENTS.—Section 16133(a) of title 10,
United States Code, is amended by striking ‘‘(1)’’ and all that
follows through the period at the end of the subsection and inserting
‘‘on the date the person is separated from the Selected Reserve.’’.
(e) CLERICAL AMENDMENTS.—(1) The table of sections at the
beginning of chapter 30 of title 38, United States Code, is amended
by striking the item relating to section 3020 and inserting the
following new item:
‘‘3020. Authority to transfer unused education benefits to family members of career
service members.’’.
(2) The table of sections at the beginning of chapter 1606
of title 10, United States Code, is amended by inserting after
the item relating to section 16132 the following new item:
‘‘16132a. Authority to transfer unused education benefits to family members.’’.
(3) The table of sections at the beginning of chapter 1607
of such title is amended by inserting after the item relating to
section 16163 the following new item:
‘‘16163a. Authority to transfer unused education benefits to family members.’’.
TITLE VI—ACCOUNTABILITY AND TRANSPARENCY IN
GOVERNMENT CONTRACTING
Close the CHAPTER 1—CLOSE THE CONTRACTOR FRAUD LOOPHOLE
Contractor Fraud
Loophole Act. SHORT TITLE
41 USC 251 note. SEC. 6101. This chapter may be cited as the ‘‘Close the Con-
tractor Fraud Loophole Act’’.
REVISION OF THE FEDERAL ACQUISITION REGULATION
Deadline. SEC. 6102. The Federal Acquisition Regulation shall be
41 USC 251 note. 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
dkrause on GSDDPC44 with PUBLIC LAWS
for commercial items.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00064 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2387
DEFINITION
SEC. 6103. In this chapter, the term ‘‘covered contract’’ means 41 USC 251 note.
any contract in an amount greater than $5,000,000 and more than
120 days in duration.
CHAPTER 2—GOVERNMENT FUNDING TRANSPARENCY Government
Funding
Transparency Act
SHORT TITLE of 2008.
SEC. 6201. This chapter may be cited as the ‘‘Government 31 USC 6101
Funding Transparency Act of 2008’’. note.
FINANCIAL DISCLOSURE REQUIREMENTS FOR CERTAIN RECIPIENTS OF
FEDERAL AWARDS
SEC. 6202. (a) DISCLOSURE REQUIREMENTS.—Section 2(b)(1) of
the Federal Funding Accountability and Transparency Act (Public
Law 109–282; 31 U.S.C. 6101 note) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph
(G); and
(3) by inserting after subparagraph (E) the following new
subparagraph:
‘‘(F) the names and total compensation of the five most
highly compensated officers of the entity if—
‘‘(i) the entity in the preceding fiscal year
received—
‘‘(I) 80 percent or more of its annual gross
revenues in Federal awards; and
‘‘(II) $25,000,000 or more in annual gross reve-
nues 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 31 USC 6101
Management and Budget shall promulgate regulations to implement note.
the amendment made by this chapter. Such regulations shall
include a definition of ‘‘total compensation’’ that is consistent with
regulations of the Securities and Exchange Commission at section
402 of part 229 of title 17 of the Code of Federal Regulations
(or any subsequent regulation).
TITLE VII—MEDICAID PROVISIONS
SEC. 7001. (a) MORATORIA ON CERTAIN MEDICAID REGULA-
TIONS.—
(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— 121 Stat. 187.
(A) by striking ‘‘prior to the date that is 1 year after
the date of enactment of this Act’’ and inserting ‘‘prior
dkrause on GSDDPC44 with PUBLIC LAWS
to April 1, 2009’’;
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00065 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2388 PUBLIC LAW 110–252—JUNE 30, 2008
(B) in subparagraph (A), by inserting after ‘‘Federal
Regulations)’’ the following: ‘‘or in the final regulation,
relating to such parts, published on May 29, 2007 (72
Federal Register 29748) and determined by the United
States District Court for the District of Columbia to have
been ‘improperly promulgated’, Alameda County Medical
Center, et al., v. Leavitt, et al., Civil Action No. 08-0422,
Mem. at 4 (D.D.C. May 23, 2008)’’; and
(C) in subparagraph (C), by inserting before the period
at the end the following: ‘‘, including the proposed regula-
tion 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 Exten-
121 Stat. 2514. sion 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 pub-
lished on December 28, 2007 (72 Federal Register 73635),’’
after ‘‘school-based transportation’’.
(3) ADDITIONAL MORATORIA.—
(A) IN GENERAL.—Notwithstanding any other provision
of law, the Secretary of Health and Human Services shall
not, prior to April 1, 2009, take any action (through
promulgation of regulation, issuance of regulatory guid-
ance, use of Federal payment audit procedures, or other
administrative action, policy, or practice, including a Med-
ical Assistance Manual transmittal or letter to State Med-
icaid directors) to impose any restrictions relating to a
provision described in subparagraph (B) or (C) if such
restrictions are more restrictive in any aspect than those
applied to the respective provision as of the date specified
in subparagraph (D) for such provision.
(B) PORTION OF INTERIM FINAL REGULATION RELATING
TO MEDICAID TREATMENT OF OPTIONAL CASE MANAGEMENT
SERVICES.—
(i) IN GENERAL.—Subject to clause (ii), the provi-
sion described in this subparagraph is the interim
final regulation relating to optional State plan case
management services under the Medicaid program
published on December 4, 2007 (72 Federal Register
68077) in its entirety.
(ii) EXCEPTION.—The provision described in this
subparagraph does not include the portion of such
regulation as relates directly to implementing section
1915(g)(2)(A)(ii) of the Social Security Act, as amended
by section 6052 of the Deficit Reduction Act of 2005
(Public Law 109–171), through the definition of case
management services and targeted case management
services contained in proposed section 440.169 of title
42, Code of Federal Regulations, but only to the extent
that such portion is not more restrictive than the poli-
cies set forth in the Dear State Medicaid Director
dkrause on GSDDPC44 with PUBLIC LAWS
letter on case management issued on January 19, 2001
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00066 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2389
(SMDL #01–013), and with respect to community
transition case management, the Dear State Medicaid
Director letter issued on July 25, 2000 (Olmstead
Update 3).
(C) PORTION OF PROPOSED REGULATION RELATING TO
MEDICAID ALLOWABLE PROVIDER TAXES.—
(i) IN GENERAL.—Subject to clause (ii), the provi-
sion described in this subparagraph is the final regula-
tion 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 Regula-
tions, as required to carry out section
1903(w)(7)(A)(viii) of the Social Security Act, as
amended by section 6051 of the Deficit Reduction
Act of 2005 (Public Law 109–171).
(D) DATE SPECIFIED.—The date specified in this
subparagraph for the provision described in—
(i) subparagraph (B) is December 3, 2007; or
(ii) subparagraph (C) is February 21, 2008.
(b) FUNDS TO REDUCE MEDICAID FRAUD AND ABUSE.— 42 USC
(1) IN GENERAL.—For purposes of reducing fraud and abuse 1320a–7g.
in the Medicaid program under title XIX of the Social Security
Act—
(A) there is appropriated to the Office of the Inspector
General of the Department of Health and Human Services,
out of any money in the Treasury not otherwise appro-
priated, $25,000,000, for fiscal year 2009; and
(B) there is authorized to be appropriated to such
Office $25,000,000 for fiscal year 2010 and each subsequent
fiscal year.
Amounts appropriated under this section shall remain available
for expenditure until expended and shall be in addition to
any other amounts appropriated or made available to such
Office for such purposes with respect to the Medicaid program.
(2) ANNUAL REPORT.—Not later than September 30 of 2009
and of each subsequent year, the Inspector General of the
Department of Health and Human Services shall submit to
the Committees on Energy and Commerce and Appropriations
of the House of Representatives and the Committees on Finance
dkrause on GSDDPC44 with PUBLIC LAWS
and Appropriations of the Senate a report on the activities
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00067 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2390 PUBLIC LAW 110–252—JUNE 30, 2008
(and the results of such activities) funded under paragraph
(1) to reduce waste, fraud, and abuse in the Medicaid program
under title XIX of the Social Security Act during the previous
12 month period, including the amount of funds appropriated
under such paragraph for each such activity and an estimate
of the savings to the Medicaid program resulting from each
such activity.
(c) STUDY AND REPORTS TO CONGRESS.—
(1) SECRETARIAL REPORT IDENTIFYING PROBLEMS.—Not later
than January 1, 2009, the Secretary of Health and Human
Services shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Committee
on Finance of the Senate a report that—
(A) outlines the specific problems the Medicaid regula-
tions referred to in the amendments made by paragraphs
(1) and (2) of subsection (a) were intended to address;
(B) details how these regulations were designed to
address these specific problems; and
(C) cites the legal authority for such regulations.
(2) INDEPENDENT COMPREHENSIVE STUDY AND REPORT.—
Contracts. (A) IN GENERAL.—Not later than January 1, 2009, the
Secretary of Health and Human Services shall enter into
a contract with an independent organization for the purpose
of—
(i) producing a comprehensive report on the preva-
lence of the problems outlined in the report submitted
under paragraph (1);
(ii) identifying strategies in existence to address
these problems; and
(iii) assessing the impact of each regulation
referred to in such paragraph on each State and the
District of Columbia.
(B) ADDITIONAL MATTER.—The report under subpara-
graph (A) shall also include—
(i) an identification of which claims for items and
services (including administrative activities) under title
XIX of the Social Security Act are not processed
through systems described in section 1903(r) of such
Act;
(ii) an examination of the reasons why these claims
for such items and services are not processed through
such systems; and
(iii) recommendations on actions by the Federal
government and the States that can make claims for
such items and services more accurate and complete
consistent with such title.
(C) DEADLINE.—The report under subparagraph (A)
shall be submitted to the Committee on Energy and Com-
merce of the House of Representatives and the Committee
on Finance of the Senate not later than September 1,
2009.
(D) COOPERATION OF STATES.—If the Secretary of
Health and Human Services determines that a State or
the District of Columbia has not cooperated with the inde-
pendent organization for purposes of the report under this
paragraph, the Secretary shall reduce the amount paid
dkrause on GSDDPC44 with PUBLIC LAWS
to the State or District under section 1903(a) of the Social
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00068 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2391
Security Act (42 U.S.C. 1396b(a)) by $25,000 for each day
on which the Secretary determines such State or District
has not so cooperated. Such reduction shall be made
through a process that permits the State or District to
challenge the Secretary’s determination.
(3) FUNDING.—
(A) IN GENERAL.—Out of any money in the Treasury
of the United States not otherwise appropriated, there
are appropriated to the Secretary without further appro-
priation, $5,000,000 to carry out this subsection.
(B) AVAILABILITY; AMOUNTS IN ADDITION TO OTHER
AMOUNTS APPROPRIATED FOR SUCH ACTIVITIES.—Amounts
appropriated pursuant to subparagraph (A) shall—
(i) remain available until expended; and
(ii) be in addition to any other amounts appro-
priated or made available to the Secretary of Health
and Human Services with respect to the Medicaid pro-
gram.
(d) ASSET VERIFICATION THROUGH ACCESS TO INFORMATION
HELD BY FINANCIAL INSTITUTIONS.—
(1) ADDITION OF AUTHORITY.—Title XIX of the Social Secu-
rity 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.— 42 USC 1396w.
‘‘(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 assist-
ance under the State plan under this title.
‘‘(2) PLAN SUBMITTAL.—In order to meet the requirement Deadlines.
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 sub-
mittal 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 Sec-
retary shall require other States to submit and imple-
ment an asset verification program under this sub-
section in such manner as is designed to result in
dkrause on GSDDPC44 with PUBLIC LAWS
the application of such programs, in the aggregate
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00069 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2392 PUBLIC LAW 110–252—JUNE 30, 2008
for all such other States, to enrollment of approxi-
mately, 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.
Consultation. ‘‘(B) CONSIDERATION.—In selecting States under
subparagraph (A)(ii), the Secretary shall consult with the
States involved and take into account the feasibility of
implementing asset verification programs in each such
State.
‘‘(C) STATES SPECIFIED.—The States specified in this
subparagraph are California, New York, and New Jersey.
‘‘(D) CONSTRUCTION.—Nothing in subparagraph (A)(ii)
shall be construed as preventing a State from requesting,
and the Secretary from approving, the implementation of
an asset verification program in advance of the deadline
otherwise established under such subparagraph.
‘‘(4) EXEMPTION OF TERRITORIES.—This section shall only
apply to the 50 States and the District of Columbia.
‘‘(b) ASSET VERIFICATION PROGRAM.—
‘‘(1) IN GENERAL.—For purposes of this section, an asset
verification program means a program described in paragraph
(2) under which a State—
‘‘(A) requires each applicant for, or recipient of, medical
assistance under the State plan under this title on the
basis of being aged, blind, or disabled to provide authoriza-
tion by such applicant or recipient (and any other person
whose resources are required by law to be disclosed to
determine the eligibility of the applicant or recipient for
such assistance) for the State to obtain (subject to the
cost reimbursement requirements of section 1115(a) of the
Right to Financial Privacy Act but at no cost to the
applicant or recipient) from any financial institution
(within the meaning of section 1101(1) of such Act) any
financial record (within the meaning of section 1101(2)
of such Act) held by the institution with respect to the
applicant or recipient (and such other person, as
applicable), whenever the State determines the record is
needed in connection with a determination with respect
to such eligibility for (or the amount or extent of) such
medical assistance; and
‘‘(B) uses the authorization provided under subpara-
graph (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
dkrause on GSDDPC44 with PUBLIC LAWS
1104(a)(1) of the Right to Financial Privacy Act, an authorization
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00070 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2393
provided to a State under subsection (b)(1) shall remain effective
until the earliest of—
‘‘(1) the rendering of a final adverse decision on the
applicant’s application for medical assistance under the State’s
plan under this title;
‘‘(2) the cessation of the recipient’s eligibility for such med-
ical assistance; or
‘‘(3) the express revocation by the applicant or recipient Notification.
(or such other person described in subsection (b)(1), as
applicable) of the authorization, in a written notification to
the State.
‘‘(d) TREATMENT OF RIGHT TO FINANCIAL PRIVACY ACT REQUIRE-
MENTS.—
‘‘(1) An authorization obtained by the State under sub-
section (b)(1) shall be considered to meet the requirements
of the Right to Financial Privacy Act for purposes of section
1103(a) of such Act, and need not be furnished to the financial
institution, notwithstanding section 1104(a) of such Act.
‘‘(2) The certification requirements of section 1103(b) of
the Right to Financial Privacy Act shall not apply to requests
by the State pursuant to an authorization provided under sub-
section (b)(1).
‘‘(3) A request by the State pursuant to an authorization
provided under subsection (b)(1) is deemed to meet the require-
ments of section 1104(a)(3) of the Right to Financial Privacy
Act and of section 1102 of such Act, relating to a reasonable
description of financial records.
‘‘(e) REQUIRED DISCLOSURE.—The State shall inform any person
who provides authorization pursuant to subsection (b)(1)(A) of the
duration and scope of the authorization.
‘‘(f) REFUSAL OR REVOCATION OF AUTHORIZATION.—If an
applicant for, or recipient of, medical assistance under the State
plan under this title (or such other person described in subsection
(b)(1), as applicable) refuses to provide, or revokes, any authoriza-
tion 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 pro-
gram under this section shall furnish to the Secretary such reports
concerning the program, at such times, in such format, and con-
dkrause on GSDDPC44 with PUBLIC LAWS
taining such information as the Secretary determines appropriate.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00071 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2394 PUBLIC LAW 110–252—JUNE 30, 2008
‘‘(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 speci-
fied in paragraph (7) of such section.’’.
(2) STATE PLAN REQUIREMENTS.—Section 1902(a) of such
Act (42 U.S.C. 1396a(a)) is amended—
(A) in paragraph (69) by striking ‘‘and’’ at the end;
(B) in paragraph (70) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by inserting after paragraph (70), as so amended,
the following new paragraph:
‘‘(71) provide that the State will implement an asset
verification program as required under section 1940.’’.
(3) WITHHOLDING OF FEDERAL MATCHING PAYMENTS FOR
NONCOMPLIANT STATES.—Section 1903(i) of such Act (42 U.S.C.
1396b(i)) is amended—
(A) in paragraph (22) by striking ‘‘or’’ at the end;
(B) in paragraph (23) by striking the period at the
end and inserting ‘‘; or’’; and
(C) by adding after paragraph (23) the following new
paragraph:
Deadlines. ‘‘(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 satisfac-
tion that the State made a good faith effort to comply;
Action plan. ‘‘(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.’’.
42 USC 1396a (4) REPEAL.—Section 4 of Public Law 110–90 is repealed.
note. SEC. 7002. (a) MEDICARE IMPROVEMENT FUND.— Title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) is amended
by adding at the end the following new section:
‘‘MEDICARE IMPROVEMENT FUND
42 USC 1395iii. ‘‘SEC. 1898. (a) ESTABLISHMENT.—The Secretary shall establish
under this title a Medicare Improvement Fund (in this section
referred to as the ‘Fund’) which shall be available to the Secretary
to make improvements under the original fee-for-service program
under parts A and B for individuals entitled to, or enrolled for,
benefits under part A or enrolled under part B.
‘‘(b) FUNDING.—
‘‘(1) IN GENERAL.—There shall be available to the Fund,
for expenditures from the Fund for services furnished during
fiscal year 2014, $2,220,000,000.
‘‘(2) PAYMENT FROM TRUST FUNDS.—The amount specified
under paragraph (1) shall be available to the Fund, as expendi-
tures are made from the Fund, from the Federal Hospital
dkrause on GSDDPC44 with PUBLIC LAWS
Insurance Trust Fund and the Federal Supplementary Medical
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00072 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2395
Insurance Trust Fund in such proportion as the Secretary
determines appropriate.
‘‘(3) FUNDING LIMITATION.—Amounts in the Fund shall be
available in advance of appropriations but only if the total
amount obligated from the Fund does not exceed the amount
available to the Fund under paragraph (1). The Secretary may
obligate funds from the Fund only if the Secretary determines
(and the Chief Actuary of the Centers for Medicare & Medicaid
Services and the appropriate budget officer certify) that there
are available in the Fund sufficient amounts to cover all such
obligations incurred consistent with the previous sentence.’’.
(b) MEDICAID IMPROVEMENT FUND.— Title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), as amended by section 7001(d),
is further amended by adding at the end the following new section:
‘‘MEDICAID IMPROVEMENT FUND
‘‘SEC. 1941. (a) ESTABLISHMENT.—The Secretary shall establish 42 USC 1396w–1.
under this title a Medicaid Improvement Fund (in this section
referred to as the ‘Fund’) which shall be available to the Secretary
to improve the management of the Medicaid program by the Centers
for Medicare & Medicaid Services, including oversight of contracts
and contractors and evaluation of demonstration projects. Payments
made for activities under this subsection shall be in addition to
payments that would otherwise be made for such activities.
‘‘(b) FUNDING.—
‘‘(1) IN GENERAL.—There shall be available to the Fund,
for expenditures from the Fund—
‘‘(A) for fiscal year 2014, $100,000,000; and
‘‘(B) for fiscal years 2015 through 2018, $150,000,000.
‘‘(2) FUNDING LIMITATION.—Amounts in the Fund shall be
available in advance of appropriations but only if the total
amount obligated from the Fund does not exceed the amount
available to the Fund under paragraph (1). The Secretary may Certification.
obligate funds from the Fund only if the Secretary determines
(and the Chief Actuary of the Centers for Medicare & Medicaid
Services and the appropriate budget officer certify) that there
are available in the Fund sufficient amounts to cover all such
obligations incurred consistent with the previous sentence.’’.
(c) ADJUSTMENT TO PAQI FUND.—Section 1848(l)(2) of the
Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section
101(a)(2) of the Medicare, Medicaid, and SCHIP Extension Act
of 2007 (Public Law 110-173), is amended—
(1) in subparagraph (A)(i)—
(A) in subclause (III), by striking ‘‘$4,960,000,000’’ and
inserting ‘‘$4,670,000,000’’; and
(B) by adding at the end the following new subclause:
‘‘(IV) For expenditures during 2014, an amount
equal to $290,000,000.’’;
(2) in subparagraph (A)(ii), by adding at the end the fol-
lowing 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)—
dkrause on GSDDPC44 with PUBLIC LAWS
(A) in clause (ii), by striking ‘‘and’’ at the end;
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00073 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2396 PUBLIC LAW 110–252—JUNE 30, 2008
(B) in clause (iii), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following new clause:
‘‘(iv) 2014 for payment with respect to physicians’
services furnished during 2014.’’.
TITLE VIII—GENERAL PROVISIONS, THIS ACT
AVAILABILITY OF FUNDS
SEC. 8001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
EMERGENCY DESIGNATION
SEC. 8002. Each amount in each title of this Act is designated
as an emergency requirement and necessary to meet emergency
needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
REDUCTION IN DEFENSE AMOUNTS
SEC. 8003. Notwithstanding any other provision of this Act,
the total amount appropriated in chapter 1 of title IX of this
Act under the headings ‘‘Procurement’’, ‘‘Research, Development,
Test and Evaluation’’, and ‘‘Defense Working Capital Funds’’ is
hereby reduced by $3,577,845,000. Such reduction shall be applied
proportionally to each appropriation account under such headings,
and to each program, project, and activity within each such appro-
priation account.
JOINT BASING INITIATIVES
SEC. 8004. Section 9310 of this Act is amended by inserting
‘‘, except funds deposited in the Department of Defense Base Closure
Account 2005,’’ after ‘‘None of the funds available to the Department
of Defense’’.
DEFENSE HEALTH PROGRAM
SEC. 8005. Amounts provided for ‘‘Defense Health Program’’
in Public Law 110-28 for Post Traumatic Stress Disorder and Trau-
matic Brain Injury (TBI) within operation and maintenance which
remain available for obligation shall be made available for psycho-
logical health and traumatic brain injury.
SHORT TITLE
SEC. 8006. This Act may be cited as the ‘‘Supplemental Appro-
priations Act, 2008’’.
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00074 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2397
TITLE IX
DEFENSE MATTERS
CHAPTER 1
DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL
YEAR 2008
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$12,216,715,000.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$894,185,000.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $1,826,688,000.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$1,355,544,000.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel, Army’’,
$304,200,000.
RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel, Navy’’,
$72,800,000.
RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $16,720,000.
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$5,000,000.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
dkrause on GSDDPC44 with PUBLIC LAWS
Army’’, $1,369,747,000.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00075 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2398 PUBLIC LAW 110–252—JUNE 30, 2008
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $4,000,000.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $17,223,512,000.
OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $2,977,864,000: Provided, That up to $112,607,000 shall
be transferred to the Coast Guard ‘‘Operating Expenses’’ account.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $159,900,000.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $5,972,520,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $3,657,562,000, of which—
(1) not to exceed $25,000,000 may be used for the Combat-
ant Commander Initiative Fund, to be used in support of Oper-
ation Iraqi Freedom and Operation Enduring Freedom;
(2) not to exceed $800,000,000, to remain available until
expended, may be used for payments to reimburse key cooper-
ating nations, for logistical, military, and other support pro-
vided to United States military operations, notwithstanding
any other provision of law: Provided, That these funds may
be used for the purpose of providing specialized training and
procuring supplies and specialized equipment and providing
such supplies and loaning such equipment on a non-reimburs-
able basis to coalition forces supporting United States military
Deadline. operations in Iraq and Afghanistan: Provided further, That
Notification. such payments may be made in such amounts as the Secretary
of Defense, with the concurrence of the Secretary of State,
and in consultation with the Director of the Office of Manage-
ment and Budget, may determine, in his discretion, based on
documentation determined by the Secretary of Defense to ade-
quately account for the support provided, and such determina-
tion is final and conclusive upon the accounting officers of
the United States, and 15 days following notification to the
Reports. appropriate congressional committees: Provided further, That
Deadlines. the Secretary of Defense shall provide quarterly reports to
the congressional defense committees on the use of funds pro-
dkrause on GSDDPC44 with PUBLIC LAWS
vided in this paragraph: Provided further, That of the amount
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00076 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2399
available under this heading for the Defense Contract Manage-
ment Agency, $52,000,000 shall remain available until Sep-
tember 30, 2009.
OPERATION AND MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $164,839,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $109,876,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $70,256,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $165,994,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $685,644,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $287,369,000.
IRAQ FREEDOM FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Iraq Freedom Fund’’,
$50,000,000, to remain available for transfer until September 30,
2009, notwithstanding any other provision of law, only for the
redevelopment of the Iraqi industrial sector by identifying, and
providing assistance to, factories and other industrial facilities that
are best situated to resume operations quickly and reemploy the
Iraqi workforce: Provided, That the Secretary of Defense shall, Deadline.
not fewer than 15 days prior to making transfers from this appro- Notification.
priation, notify the congressional defense committees in writing
of the details of any such transfer.
AFGHANISTAN SECURITY FORCES FUND
For an additional amount for the ‘‘Afghanistan Security Forces
Fund’’, $1,400,000,000, to remain available until September 30,
2009.
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00077 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2400 PUBLIC LAW 110–252—JUNE 30, 2008
IRAQ SECURITY FORCES FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Iraq Security Forces Fund’’,
$1,500,000,000, to remain available until September 30, 2009: Pro-
vided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, for the purpose
of allowing the Commander, Multi-National Security Transition
Command—Iraq, or the Secretary’s designee, to provide assistance,
with the concurrence of the Secretary of State, to the security
forces of Iraq, including the provision of equipment, supplies, serv-
ices, training, facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That none of the assist-
ance provided under this heading in the form of funds may be
utilized for the provision of salaries, wages, or bonuses to personnel
of the Iraqi Security Forces: Provided further, That the authority
to provide assistance under this heading is in addition to any
other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds
to appropriations for military personnel; operation and mainte-
nance; Overseas Humanitarian, Disaster, and Civic Aid; procure-
ment; research, development, test and evaluation; and defense
working capital funds to accomplish the purposes provided herein:
Provided further, That this transfer authority is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part of
the funds so transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That contributions
of funds for the purposes provided herein from any person, foreign
government, or international organization may be credited to this
Notification. Fund, and used for such purposes: Provided further, That the Sec-
retary shall notify the congressional defense committees in writing
upon the receipt and upon the transfer of any contribution delin-
eating the sources and amounts of the funds received and the
Deadline. specific use of such contributions: Provided further, That the Sec-
Notification. retary of Defense shall, not fewer than 15 days prior to making
transfers from this appropriation account, notify the congressional
defense committees in writing of the details of any such transfer:
Reports. Provided further, That the Secretary shall submit a report no later
Deadline. than 30 days after the end of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
from this appropriation.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$954,111,000, to remain available for obligation until September
30, 2010.
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$561,656,000, to remain available for obligation until September
dkrause on GSDDPC44 with PUBLIC LAWS
30, 2010.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00078 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2401
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $5,463,471,000, to remain avail-
able for obligation until September 30, 2010.
PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $344,900,000, to remain available for obligation until Sep-
tember 30, 2010.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$16,337,340,000, to remain available for obligation until September
30, 2010.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$3,563,254,000, to remain available for obligation until September
30, 2010.
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,
$317,456,000, to remain available for obligation until September
30, 2010.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $304,945,000, to remain available for
obligation until September 30, 2010.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$1,399,135,000, to remain available for obligation until September
30, 2010.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$2,197,390,000, to remain available for obligation until September
30, 2010.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$7,103,923,000, to remain available for obligation until September
30, 2010.
MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement, Air Force’’,
$66,943,000, to remain available for obligation until September
dkrause on GSDDPC44 with PUBLIC LAWS
30, 2010.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00079 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2402 PUBLIC LAW 110–252—JUNE 30, 2008
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $205,455,000, to remain available for obligation until
September 30, 2010.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$1,953,167,000, to remain available for obligation until September
30, 2010.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$408,209,000, to remain available for obligation until September
30, 2010.
NATIONAL GUARD AND RESERVE EQUIPMENT
For an additional amount for ‘‘National Guard and Reserve
Equipment’’, $825,000,000, to remain available for obligation until
Deadline. September 30, 2010: Provided, That the Chiefs of the National
Assessment. Guard and Reserve components shall, prior to the expenditure
Expenditure
plan.
of funds, and not later than 30 days after the enactment of this
Act, individually submit to the congressional defense committees
an equipment modernization priority assessment with a detailed
plan for the expenditure of funds for their respective National
Guard and Reserve components.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $162,958,000, to remain available until
September 30, 2009.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $366,110,000, to remain available until
September 30, 2009.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $399,817,000, to remain available until
September 30, 2009.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $816,598,000, to remain available
dkrause on GSDDPC44 with PUBLIC LAWS
until September 30, 2009.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00080 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2403
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$1,837,450,000, to remain available for obligation until expended.
NATIONAL DEFENSE SEALIFT FUND
For an additional amount for ‘‘National Defense Sealift Fund’’,
$5,110,000, to remain available for obligation until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$1,413,864,000, of which $957,064,000 shall be for operation and
maintenance; of which $91,900,000 is for procurement, to remain
available until September 30, 2010; of which $364,900,000 shall
be for research, development, test and evaluation, to remain avail-
able until September 30, 2009: Provided, That in addition to
amounts otherwise contained in this paragraph, $75,000,000 is
hereby appropriated to the ‘‘Defense Health Program’’ for operation
and maintenance for psychological health and traumatic brain
injury, to remain available until September 30, 2009.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’, $65,317,000, to remain available until
September 30, 2009.
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector General’’,
$6,394,000, of which $2,000,000 shall be for research, development,
test and evaluation, to remain available until September 30, 2009.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 9101. Appropriations provided in this chapter are available
for obligation until September 30, 2008, unless otherwise provided
in this chapter.
SEC. 9102. Notwithstanding any other provision of law, funds
made available in this chapter are in addition to amounts appro-
priated or otherwise made available for the Department of Defense
for fiscal year 2008.
(INCLUDING TRANSFER OF FUNDS)
SEC. 9103. Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may transfer between appropriations up to $2,500,000,000 of the
funds made available to the Department of Defense in this chapter:
Provided, That the Secretary shall notify the Congress promptly Notification.
dkrause on GSDDPC44 with PUBLIC LAWS
of each transfer made pursuant to the authority in this section:
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00081 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2404 PUBLIC LAW 110–252—JUNE 30, 2008
Provided further, That the authority provided in this section is
in addition to any other transfer authority available to the Depart-
ment of Defense and is subject to the same terms and conditions
as the authority provided in section 8005 of Public Law 110–
116, except for the fourth proviso.
SEC. 9104. (a) From funds made available for operation and
maintenance in this chapter to the Department of Defense, not
to exceed $1,226,841,000 may be used, notwithstanding any other
provision of law, to fund the Commander’s Emergency Response
Program, for the purpose of enabling military commanders in Iraq,
Afghanistan, and the Philippines to respond to urgent humanitarian
relief and reconstruction requirements within their areas of respon-
sibility by carrying out programs that will immediately assist the
Iraqi, Afghan, and Filipino people.
Deadlines. (b) Not later than 15 days after the end of each fiscal year
Reports. quarter, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this section
or under any other provision of law for the purposes of the programs
under subsection (a).
(INCLUDING TRANSFER OF FUNDS)
SEC. 9105. During fiscal year 2008, the Secretary of Defense
may transfer not to exceed $6,500,000 of the amounts in or credited
to the Defense Cooperation Account, pursuant to 10 U.S.C. 2608,
to such appropriations or funds of the Department of Defense as
the Secretary shall determine for use consistent with the purposes
for which such funds were contributed and accepted: Provided,
That such amounts shall be available for the same time period
Reports. as the appropriation to which transferred: Provided further, That
the Secretary shall report to the Congress all transfers made pursu-
ant to this authority.
SEC. 9106. Of the amount appropriated by this chapter under
the heading ‘‘Drug Interdiction and Counter-Drug Activities,
Defense’’, not to exceed $20,000,000 may be used for the provision
of support for counter-drug activities of the Governments of Afghani-
stan, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, and
Turkmenistan, as specified in section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85, as
amended by Public Laws 106–398, 108–136, 109–364, and 110–
181): Provided, That such support shall be in addition to support
provided under any other provision of the law.
SEC. 9107. Amounts provided in this chapter for operations
in Iraq and Afghanistan may be used by the Department of Defense
for the purchase of up to 20 heavy and light armored vehicles
for force protection purposes, notwithstanding price or other limita-
tions specified elsewhere in the Department of Defense Appropria-
tions Act, 2008 (Public Law 110–116), or any other provision of
law: Provided, That notwithstanding any other provision of law,
funds provided in Public Law 110–116 and Public Law 110–161
under the heading ‘‘Other Procurement, Navy’’ may be used for
the purchase of 21 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to passenger
Reports. vehicles but not to exceed $255,000 per vehicle: Provided further,
Deadlines. That the Secretary of Defense shall submit a report in writing
dkrause on GSDDPC44 with PUBLIC LAWS
no later than 30 days after the end of each fiscal quarter notifying
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00082 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2405
the congressional defense committees of any purchase described
in this section, including cost, purposes, and quantities of vehicles
purchased.
(INCLUDING TRANSFER OF FUNDS)
SEC. 9108. Section 8122(c) of Public Law 110–116 is amended 121 Stat. 1341.
by adding at the end the following:
‘‘(4) Upon a determination that all or part of the funds
transferred under paragraph (1) are not necessary to accomplish
the purposes specified in subsection (b), such amounts may
be transferred back to the ‘Mine Resistant Ambush Protected
Vehicle Fund’.’’.
SEC. 9109. Notwithstanding any other provision of law, not
to exceed $150,000,000 of funds made available in this chapter
may be obligated to conduct or support a program to build the
capacity of a foreign country’s national military forces in order
for that country to conduct counterterrorist operations or participate
in or support military and stability operations in which the U.S.
Armed Forces are a participant: Provided, That funds available
pursuant to the authority in this section shall be subject to the
same restrictions, limitations, and reporting requirements as funds
available pursuant to section 1206 of Public Law 109–163 as
amended.
CHAPTER 2
DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL
YEAR 2009
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$839,000,000.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$75,000,000.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $55,000,000.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$75,000,000.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
dkrause on GSDDPC44 with PUBLIC LAWS
Army’’, $150,000,000.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00083 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2406 PUBLIC LAW 110–252—JUNE 30, 2008
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $37,300,000,000.
OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $3,500,000,000: Provided, That up to $112,000,000 shall
be transferred to the Coast Guard ‘‘Operating Expenses’’ account.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $2,900,000,000.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $5,000,000,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $2,648,569,000, of which not to exceed $200,000,000,
to remain available until expended, may be used for payments
to reimburse key cooperating nations, for logistical, military, and
other support provided to United States military operations, not-
withstanding any other provision of law: Provided, That these funds
may be used for the purpose of providing specialized training and
procuring supplies and specialized equipment and providing such
supplies and loaning such equipment on a non-reimbursable basis
to coalition forces supporting United States military operations
Deadline. in Iraq and Afghanistan: Provided further, That such payments
Notification. may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation with
the Director of the Office of Management and Budget, may deter-
mine, in his discretion, based on documentation determined by
the Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon the
accounting officers of the United States, and 15 days following
Reports. notification to the appropriate congressional committees: Provided
Deadlines. further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided in this paragraph.
OPERATION AND MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $79,291,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
dkrause on GSDDPC44 with PUBLIC LAWS
Navy Reserve’’, $42,490,000.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00084 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2407
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $47,076,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $12,376,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $333,540,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $52,667,000.
AFGHANISTAN SECURITY FORCES FUND
For an additional amount for the ‘‘Afghanistan Security Forces
Fund’’, $2,000,000,000, to remain available until September 30,
2009.
IRAQ SECURITY FORCES FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Iraq Security Forces Fund’’, $1,000,000,000, to remain
available until September 30, 2009: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding
any other provision of law, for the purpose of allowing the Com-
mander, Multi-National Security Transition Command—Iraq, or the
Secretary’s designee, to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Iraq, including
the provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That none of the assistance provided under this
heading in the form of funds may be utilized for the provision
of salaries, wages, or bonuses to personnel of the Iraqi Security
Forces: Provided further, That the authority to provide assistance
under this heading is in addition to any other authority to provide
assistance to foreign nations: Provided further, That the Secretary
of Defense may transfer such funds to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test
and evaluation; and defense working capital funds to accomplish
the purposes provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority available
to the Department of Defense: Provided further, That upon a deter-
mination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Pro-
vided further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund, and used for such
dkrause on GSDDPC44 with PUBLIC LAWS
purposes: Provided further, That the Secretary shall notify the Notification.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00085 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2408 PUBLIC LAW 110–252—JUNE 30, 2008
congressional defense committees in writing upon the receipt and
upon the transfer of any contribution delineating the sources and
amounts of the funds received and the specific use of such contribu-
Deadline. tions: Provided further, That the Secretary of Defense shall, not
Notification. fewer than 15 days prior to making transfers from this appropria-
tion account, notify the congressional defense committees in writing
Reports. of the details of any such transfer: Provided further, That the
Deadlines. Secretary shall submit a report no later than 30 days after the
end of each fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this appropria-
tion.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$84,000,000, to remain available for obligation until September
30, 2011.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $822,674,000, to remain available
for obligation until September 30, 2011.
PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $46,500,000, to remain available for obligation until Sep-
tember 30, 2011.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$1,009,050,000, to remain available for obligation until September
30, 2011.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$27,948,000, to remain available for obligation until September
30, 2011.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$565,425,000, to remain available for obligation until September
30, 2011.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$201,842,000, to remain available for obligation until September
dkrause on GSDDPC44 with PUBLIC LAWS
30, 2011.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00086 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2409
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$1,500,644,000, to remain available for obligation until September
30, 2011.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$177,237,000, to remain available for obligation until September
30, 2011.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $113,228,000, to remain available until
September 30, 2010.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $72,041,000, to remain available until
September 30, 2010.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $202,559,000, to remain available
until September 30, 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$1,100,000,000 for operation and maintenance.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’, $188,000,000.
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Joint Improvised Explosive
Device Defeat Fund’’, $2,000,000,000, to remain available until Sep-
tember 30, 2011: Provided, That such funds shall be available
to the Secretary of Defense, notwithstanding any other provision
of law, for the purpose of allowing the Director of the Joint Impro-
vised Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training, facilities, per-
sonnel and funds to assist United States forces in the defeat of
dkrause on GSDDPC44 with PUBLIC LAWS
improvised explosive devices: Provided further, That within 60 days Deadline.
Plans.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00087 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2410 PUBLIC LAW 110–252—JUNE 30, 2008
of the enactment of this Act, a plan for the intended management
and use of the amounts provided under this heading shall be
Reports. submitted to the congressional defense committees: Provided fur-
Deadlines. ther, That the Secretary of Defense shall submit a report not later
than 60 days after the end of each fiscal quarter to the congressional
defense committees providing assessments of the evolving threats,
individual service requirements to counter the threats, the current
strategy for predeployment training of members of the Armed Forces
on improvised explosive devices, and details on the execution of
the Fund: Provided further, That the Secretary of Defense may
transfer funds provided herein to appropriations for operation and
maintenance; procurement; research, development, test and evalua-
tion; and defense working capital funds to accomplish the purpose
provided herein: Provided further, That this transfer authority is
in addition to any other transfer authority available to the Depart-
Deadline. ment of Defense: Provided further, That the Secretary of Defense
Notification. shall, not fewer than 15 days prior to making transfers from this
appropriation, notify the congressional defense committees in
writing of the details of any such transfer.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 9201. Appropriations provided in this chapter are not
available for obligation until October 1, 2008.
SEC. 9202. Appropriations provided in this chapter are available
for obligation until September 30, 2009, unless otherwise provided
in this chapter.
(INCLUDING TRANSFER OF FUNDS)
SEC. 9203. Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may transfer between appropriations up to $4,000,000,000 of the
funds made available to the Department of Defense in this chapter:
Notification. Provided, That the Secretary shall notify the Congress promptly
of each transfer made pursuant to the authority in this section:
Provided further, That the authority provided in this section is
in addition to any other transfer authority available to the Depart-
ment of Defense and is subject to the same terms and conditions
as the authority provided in section 8005 of Public Law 110–
116, except for the fourth proviso.
Deadlines. SEC. 9204. (a) Not later than December 5, 2008 and every
Reports. 90 days thereafter through the end of fiscal year 2009, the Secretary
of Defense shall set forth in a report to Congress a comprehensive
set of performance indicators and measures for progress toward
military and political stability in Iraq.
(b) The report shall include performance standards and goals
for security, economic, and security force training objectives in
Iraq together with a notional timetable for achieving these goals.
(c) In specific, the report requires, at a minimum, the following:
(1) With respect to stability and security in Iraq, the fol-
lowing:
(A) Key measures of political stability, including the
important political milestones that must be achieved over
the next several years.
(B) The primary indicators of a stable security environ-
ment in Iraq, such as number of engagements per day,
dkrause on GSDDPC44 with PUBLIC LAWS
numbers of trained Iraqi forces, trends relating to numbers
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00088 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2411
and types of ethnic and religious-based hostile encounters,
and progress made in the transition of responsibility for
the security of Iraqi provinces to the Iraqi Security Forces
under the Provincial Iraqi Control (PIC) process.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed
of non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts
to disarm or reintegrate each militia.
(E) Key indicators of economic activity that should
be considered the most important for determining the pros-
pects of stability in Iraq, including—
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The most recent annual budget for the Government
of Iraq, including a description of amounts budgeted for
support of Iraqi security and police forces and an assess-
ment of how planned funding will impact the training,
equipping and overall readiness of those forces.
(G) The criteria the Administration will use to deter-
mine when it is safe to begin withdrawing United States
forces from Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:
(A) The training provided Iraqi military and other
Ministry of Defense forces and the equipment used by
such forces.
(B) Key criteria for assessing the capabilities and readi-
ness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable
for achieving these goals.
(C) The operational readiness status of the Iraqi mili-
tary forces, including the type, number, size, and organiza-
tional structure of Iraq battalions that are—
(i) capable of conducting counterinsurgency oper-
ations independently without any support from Coali-
tion Forces;
(ii) capable of conducting counterinsurgency oper-
ations with the support of United States or coalition
forces; or
(iii) not ready to conduct counterinsurgency oper-
ations.
(D) The amount and type of support provided by Coali-
tion Forces to the Iraqi Security Forces at each level of
operational readiness.
(E) The number of Iraqi battalions in the Iraqi Army
currently conducting operations and the type of operations
being conducted.
(F) The rates of absenteeism in the Iraqi military forces
and the extent to which insurgents have infiltrated such
dkrause on GSDDPC44 with PUBLIC LAWS
forces.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00089 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2412 PUBLIC LAW 110–252—JUNE 30, 2008
(G) The training provided Iraqi police and other Min-
istry of Interior forces and the equipment used by such
forces.
(H) The level and effectiveness of the Iraqi Security
Forces under the Ministry of Defense in provinces where
the United States has formally transferred responsibility
for the security of the province to the Iraqi Security Forces
under the Provincial Iraqi Control (PIC) process.
(I) Key criteria for assessing the capabilities and readi-
ness of the Iraqi police and other Ministry of Interior
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving
these goals, including—
(i) the number of police recruits that have received
classroom training and the duration of such instruc-
tion;
(ii) the number of veteran police officers who have
received classroom instruction and the duration of such
instruction;
(iii) the number of police candidates screened by
the Iraqi Police Screening Service, the number of can-
didates derived from other entry procedures, and the
success rates of those groups of candidates;
(iv) the number of Iraqi police forces who have
received field training by international police trainers
and the duration of such instruction;
(v) attrition rates and measures of absenteeism
and infiltration by insurgents; and
(vi) the level and effectiveness of the Iraqi Police
and other Ministry of Interior Forces in provinces
where the United States has formally transferred
responsibility for the security of the province to the
Iraqi Security Forces under the Provincial Iraqi Control
(PIC) process.
(J) The estimated total number of Iraqi battalions
needed for the Iraqi security forces to perform duties now
being undertaken by coalition forces, including defending
the borders of Iraq and providing adequate levels of law
and order throughout Iraq.
(K) The effectiveness of the Iraqi military and police
officer cadres and the chain of command.
(L) The number of United States and coalition advisors
needed to support the Iraqi security forces and associated
ministries.
(M) An assessment, in a classified annex if necessary,
of United States military requirements, including planned
force rotations, through the end of calendar year 2009.
SEC. 9205. (a) REPORT BY SECRETARY OF DEFENSE.—Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report that contains individual transition readiness
assessments by unit of Iraq and Afghan security forces. The Sec-
retary of Defense shall submit to the congressional defense commit-
tees updates of the report required by this subsection every 90
dkrause on GSDDPC44 with PUBLIC LAWS
days after the date of the submission of the report until October
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00090 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2413
1, 2009. The report and updates of the report required by this Classified
subsection shall be submitted in classified form. information.
(b) REPORT BY OMB.—
(1) The Director of the Office of Management and Budget,
in consultation with the Secretary of Defense; the Commander,
Multi-National Security Transition Command—Iraq; and the
Commander, Combined Security Transition Command—
Afghanistan, shall submit to the congressional defense commit-
tees not later than 120 days after the date of the enactment
of this Act and every 90 days thereafter a report on the proposed
use of all funds under each of the headings ‘‘Iraq Security
Forces Fund’’ and ‘‘Afghanistan Security Forces Fund’’ on a
project-by-project basis, for which the obligation of funds is
anticipated during the 3-month period from such date, including
estimates by the commanders referred to in this paragraph
of the costs required to complete each such project.
(2) The report required by this subsection shall include
the following:
(A) The use of all funds on a project-by-project basis
for which funds appropriated under the headings referred
to in paragraph (1) were obligated prior to the submission
of the report, including estimates by the commanders
referred to in paragraph (1) of the costs to complete each
project.
(B) The use of all funds on a project-by-project basis
for which funds were appropriated under the headings
referred to in paragraph (1) in prior appropriations Acts,
or for which funds were made available by transfer, re-
programming, or allocation from other headings in prior
appropriations Acts, including estimates by the com-
manders referred to in paragraph (1) of the costs to com-
plete each project.
(C) An estimated total cost to train and equip the
Iraq and Afghan security forces, disaggregated by major
program and sub-elements by force, arrayed by fiscal year.
(c) NOTIFICATION.—The Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
transfers of funds between sub-activity groups in excess of
$15,000,000 using funds appropriated by this Act under the
headings ‘‘Iraq Security Forces Fund’’ and ‘‘Afghanistan Security
Forces Fund’’.
SEC. 9206. Funds available to the Department of Defense for
operation and maintenance provided in this chapter may be used,
notwithstanding any other provision of law, to provide supplies,
services, transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and stability
operations in Iraq and Afghanistan: Provided, That the Secretary Reports.
of Defense shall provide quarterly reports to the congressional Deadlines.
defense committees regarding support provided under this section.
SEC. 9207. Supervision and administration costs associated with
a construction project funded with appropriations available for oper-
ation and maintenance, ‘‘Afghanistan Security Forces Fund’’ or
‘‘Iraq Security Forces Fund’’ provided in this chapter, and executed
in direct support of the Global War on Terrorism only in Iraq
and Afghanistan, may be obligated at the time a construction con-
dkrause on GSDDPC44 with PUBLIC LAWS
tract is awarded: Provided, That for the purpose of this section,
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00091 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2414 PUBLIC LAW 110–252—JUNE 30, 2008
supervision and administration costs include all in-house Govern-
ment costs.
(INCLUDING TRANSFER OF FUNDS)
SEC. 9208. (a) Notwithstanding any other provision of law,
and in addition to amounts otherwise made available by this Act,
there is appropriated $1,700,000,000 for the ‘‘Mine Resistant
Ambush Protected Vehicle Fund’’, to remain available until Sep-
tember 30, 2009.
(b) The funds provided by subsection (a) shall be available
to the Secretary of Defense to continue technological research and
development and upgrades, to procure Mine Resistant Ambush
Protected vehicles and associated support equipment, and to sus-
tain, transport, and field Mine Resistant Ambush Protected vehicles.
(c)(1) The Secretary of Defense shall transfer funds provided
by subsection (a) to appropriations for operation and maintenance;
procurement; and research, development, test and evaluation to
accomplish the purposes specified in subsection (b). Such transferred
funds shall be merged with and be available for the same purposes
and for the same time period as the appropriation to which they
are transferred.
(2) The transfer authority provided by this subsection shall
be in addition to any other transfer authority available to the
Department of Defense.
Deadline. (3) The Secretary of Defense shall, not less than 15 days prior
Notification. to making any transfer under this subsection, notify the congres-
sional defense committees in writing of the details of the transfer.
SEC. 9209. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
CHAPTER 3
GENERAL PROVISIONS—THIS TITLE
SEC. 9301. Each amount in this title is designated as an emer-
gency requirement and necessary to meet emergency needs pursu-
ant to subsections (a) and (b) of section 204 of S. Con. Res. 21
(110th Congress), the concurrent resolution on the budget for fiscal
year 2008.
SEC. 9302. Funds appropriated by this title, or made available
by the transfer of funds in this title, for intelligence activities
are deemed to be specifically authorized by the Congress for pur-
poses of section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1)).
SEC. 9303. None of the funds made available in this Act may
be used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code;
(2) Section 2242 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (division G of Public Law 105–277; 112
dkrause on GSDDPC44 with PUBLIC LAWS
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00092 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2415
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations; and
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
SEC. 9304. (a) REPORT REQUIRED.—Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense,
the Secretary of State, and the Secretary of Homeland Security,
in coordination with the Chairman of the Joint Chiefs of Staff
and the Director of National Intelligence, shall jointly submit to
Congress a report setting forth the global strategy of the United
States to combat and defeat al Qaeda and its affiliates.
(b) ELEMENTS OF STRATEGY.—The strategy set forth in the
report required under subsection (a) shall include the following
elements:
(1) An analysis of the global threat posed by al Qaeda
and its affiliates, including an assessment of the relative threat
posed in particular regions or countries.
(2) Recommendations regarding the distribution and
deployment of United States military, intelligence, diplomatic,
and other assets to meet the relative regional and country-
specific threats described in paragraph (1).
(3) Recommendations to ensure that the global deployment
of United States military personnel and equipment best meet
the threat identified and described in paragraph (1) and:
(A) does not undermine the military readiness or home-
land security of the United States;
(B) ensures adequate time between military deploy-
ments for rest and training; and
(C) does not require further extensions of military
deployments to the extent practicable.
(c) CLASSIFIED ANNEX.—The report required by subsection (a)
shall be submitted in unclassified form, but shall include a classified
annex.
SEC. 9305. None of the funds provided in this title may be Notification.
used to finance programs or activities denied by Congress in fiscal
years 2007 or 2008 appropriations to the Department of Defense
or to initiate a procurement or research, development, test and
evaluation new start program without prior written notification
to the congressional defense committees.
SEC. 9306. Section 1002(c)(2) of the National Defense Authoriza-
tion Act, Fiscal Year 2008 (Public Law 110–181) is amended by Ante, p. 300.
striking ‘‘$362,159,000’’ and inserting ‘‘$435,259,000’’.
SEC. 9307. None of the funds appropriated or otherwise made
available by this title may be obligated or expended to provide
award fees to any defense contractor contrary to the provisions
of section 814 of the National Defense Authorization Act, Fiscal
Year 2007 (Public Law 109–364).
(RESCISSIONS)
SEC. 9308. (a) Of the funds made available for ‘‘Defense Health
Program’’ in Public Law 110–28, $75,000,000 are rescinded.
(b) Of the funds made available for ‘‘Joint Improvised Explosive
Device Defeat Fund’’ in division L of the Consolidated Appropria-
dkrause on GSDDPC44 with PUBLIC LAWS
tions Act, 2008 (Public Law 110–161), $71,531,000 are rescinded.
VerDate Aug 31 2005 11:42 Jul 08, 2008 Jkt 069139 PO 00252 Frm 00093 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
122 STAT. 2416 PUBLIC LAW 110–252—JUNE 30, 2008
SEC. 9309. Of the funds appropriated in the U.S. Troop Readi-
ness, Veterans’ Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110–28) which remain avail-
able for obligation under the ‘‘Iraq Freedom Fund’’, $150,000,000
is only for the Joint Rapid Acquisition Cell, and $10,000,000 is
only for the transportation of fallen service members.
Certification. SEC. 9310. None of the funds available to the Department
of Defense may be obligated or expended to implement any final
action on joint basing initiatives required under the 2005 round
of defense base closure and realignment under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note) until each affected Sec-
retary of a military department or the head of each affected Federal
agency certifies to the congressional defense committees that joint
basing at the affected military installation will result in significant
costs savings and will not negatively impact the morale of members
of the Armed Forces.
SEC. 9311. Funds available in this title which are available
to the Department of Defense for operation and maintenance may
be used to purchase items having an investment unit cost of not
more than $250,000: Provided, That upon determination by the
Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Com-
mand engaged in contingency operations overseas, such funds may
be used to purchase items having an investment item unit cost
of not more than $500,000.
Approved June 30, 2008.
LEGISLATIVE HISTORY—H.R. 2642 (S. 1645) (S. 2363):
HOUSE REPORTS: No. 110–186 (Comm. on Appropriations).
SENATE REPORTS: No. 110–185 accompanying S. 1645 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Vol. 153 (2007): June 15, considered and passed House.
Sept. 4–6, considered and passed Senate, amended.
Vol. 154 (2008): May 15, House concurred in Senate amendment with
amendments.
May 20, 22, Senate considered and concurred in House
amendments with amendments.
June 19, House concurred in certain Senate amendment and
in another with an amendment.
June 26, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
June 30, Presidential remarks.
Æ
dkrause on GSDDPC44 with PUBLIC LAWS
VerDate Aug 31 2005 06:49 Jul 21, 2008 Jkt 069139 PO 00252 Frm 00094 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL252.110 APPS10 PsN: PUBL252
File and source
- File
- PLAW-110publ252.pdf
- Size
- 356,303 bytes
- SHA-256
- 03cde06224d7748306b1dfbba27442d305b6940ee851bc68c2b725f8d117e4ff
- Our copy
- PLAW-110publ252.pdf
- Original
- www.govinfo.gov