Summary
Supplemental Appropriations Act, 2008 - Title I: Military Construction, Veterans Affairs, International Affairs, and Other Security-Related Matters - Chapter 1: Agriculture - Makes supplemental appropriations for FY2008 to the Department of Agriculture for the Foreign Agricultural Service for grants under the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480) for emergency and nonemergency food assistance to foreign countries.
Chapter 2: Justice- Makes supplemental appropriations to the Department of Justice for: (1) the Office of Inspector General; (2) general legal activities; (3) the U.S. Marshals Service; (4) the Federal Bureau of Investigation (FBI); (5) the Drug Enforcement Administration (DEA); (6) the Bureau of Alcohol, Tobacco, Firearms and Explosives; and (7) the Federal Prison System.
Chapter 3: Military Construction and Veterans Affairs - Makes supplemental appropriations for the Department of Defense (DOD) for: (1) military construction for the Army, Navy and Marine Corps, Air Force, and DOD; (2) family housing construction for the Navy and Marine Corps; and (3) the Department of Defense Base Closure Account, 2005.
Makes supplemental appropriations for the Department of Veterans Affairs (VA) for: (1) general operating expenses; (2) information technology systems; and (3) construction for major projects.
(Sec. 1301) Appropriates funds to accelerate barracks improvements at Army installations.
(Sec. 1302) Prohibits any funds from being used to disestablish, reorganize, or relocate the Armed Forces Institute of Pathology (except for the Armed Forces Medical Examiner) until the President has established a Joint Pathology Center as required under the National Defense Authorization Act for Fiscal Year 2008.
(Sec. 1303) Combat Veterans Debt Elimination Act of 2008 - Prohibits the Secretary of Veterans Affairs from collecting debts owed to the United States by veterans who die as a result of an injury incurred or aggravated while in the line of duty while serving in a theater of combat operations in a war or in combat against a hostile force during a period of hostilities after September 11, 2001, if such Secretary determines that termination of collection is in the best interest of the United States. Allows such Secretary to refund amounts already collected from qualifying individuals.
Chapter 4: Department of State and Foreign Operations - Subchapter A: Supplemental Appropriations for Fiscal Year 2008 - Makes FY2009 supplemental appropriations for the Department of State (Department) for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the Office of Inspector General; (3) U.S. embassy security, construction, and maintenance for facilities in Afghanistan; (4) contributions to international organizations; (5) contributions to international peacekeeping activitie; (6) the Democracy Fund; (7) international narcotics control and law enforcement; (8) migration and refugee assistance; (9) the United States Emergency Refugee and Migration Assistance Fund; and (10) nonproliferation, anti-terrorism, demining, and related programs.
Makes additional FY2009 appropriations for the Broadcasting Board of Governors for international broadcasting operations.
Makes FY2009 supplemental appropriations for the Economic Support Fund.
Makes FY2009 supplemental appropriations to the President for: (1) international disaster assistance; and (2) the United States Agency for International Development (USAID) for operating expenses and for the Office of Inspector General; and (3) the foreign military financing program.
Makes additional FY2009 appropriations for the Economic Support Fund.
Subchapter B: Bridge Fund Supplemental Appropriations for Fiscal Year 2009 - Makes additional FY2009 appropriations for the Department for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the Office of Inspector General; (3) U.S. embassy security, construction, and maintenance for facilities in Afghanistan; (4) contributions to international organizations; (5) contributions to international peacekeeping activities; (6) the Economic Support Fund; (7) international narcotics control and law enforcement; (8) migration and refugee assistance; and (9) nonproliferation, anti-terrorism, demining, and related programs.
Makes additional FY2009 appropriations for the Broadcasting Board of Governors for international broadcasting operations.
Makes additional FY2009 appropriations to the President for: (1) global health and child survival; (2) development assistance; (3) international disaster assistance; (4) USAID for operating expenses and for the Office of Inspector General; (5) the foreign military financing program; and (6) peacekeeping operations.
Makes additional FY2009 appropriations for the Economic Support Fund.
Subchapter C: General Provisions, This Chapter - (Sec. 1402) Prohibits the availability of funds appropriated for infrastructure activities in Iraq until the Secretary of State (Secretary) certifies to the appropriations committees that the United States and Iraq have entered into an asset transfer agreement that includes commitments by Iraq to maintain U.S.-funded infrastructure in Iraq.
Prohibits the use of appropriated funds for the construction of prison facilities in Iraq.
Prohibits the availability of more than 40% of the funds appropriated for rule of law programs in Iraq until the Secretary: (1) certifies to the appropriations committees that a comprehensive anti-corruption strategy has been developed and is being implemented; and (2) submits a list of senior Iraqi officials who the Secretary believes have committed corrupt acts.
Prohibits the availability of funds appropriated for expenses of Provisional Reconstruction Teams until the Secretary reports to such committees a strategy for the eventual winding down and closing of such Teams, and related cost information.
Prohibits the availability of more than 50% of the funds appropriated for the Community Stabilization Program in Iraq until the Secretary certifies to such committees that USAID is implementing certain recommendations to ensure accountability of funds.
Allows the availability of funds for assistance for Iraq only to the extent that Iraq matches such assistance on a dollar-for-dollar basis (with exceptions for certain humanitarian programs). Requires a report from the Secretary to such committees on Iraqi matching funds.
Requires a report from the Secretary to such committees on amounts provided by Iraq since June 30, 2004, to assist Iraqi refugees in Syria, Jordan, and elsewhere, and the amount Iraq plans to so provide in FY2008.
(Sec. 1403) Specifies that certain funds for Afghanistan shall be made available for: (1) assistance for women and girls; (2) higher education; and (3) post-operations assistance.
Directs the Secretary of State to report to the appropriations committees respecting anticorruption activities undertaken by the government of Afghanistan.
(Sec. 1404) Directs the Secretary to report to the appropriations committees respecting: (1) U.S. assistance for training of Palestinian security forces; and (2) the security strategy of the Palestinian Authority.
(Sec. 1405) Authorizes the President to waive any sanctions under the Arms Export Control Act with respect to North Korea for providing assistance related to: (1) the implementation and verification of compliance by North Korea with its commitment to abandon all nuclear weapons and nuclear programs as part of the verifiable denuclearization of the Korean Peninsula; and (2) the elimination of North Korean capability with weapons of mass destruction and their delivery systems. Provides exceptions. Requires the: (1) President to notify the appropriations, defense, and foreign relations committees at least 15 days in advance of exercising any such waiver; and (2) President to report annually to such committees on waivers issued; and (3) Secretary to report to such committees on verification measures relating to North Korea's nuclear programs.
(Sec. 1406) Sets forth funding assistance provisions for Mexico, including provisions respecting: (1) funds for anti-drug trafficking and related anti-crime activities, judicial reform, and law enforcement; (2) funding allocation requirements for the government of Mexico; and (3) a spending plan report to Congress.
(Sec. 1407) Sets forth funding assistance provisions for the countries of Central America (Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama), including provisions respecting: (1) funds for anti-drug trafficking and related anti-crime activities; (2) funds for Haiti and the Dominican Republic; (3) allocation of funds and related requirements; and (4) a spending plan report to Congress.
(Sec. 1408) Transfers specified funds into the Buying Power Maintenance Account.
(Sec. 1409) Authorizes the withholding of specified funds earmarked for Serbia if the Secretary reports to the appropriations committees that such country has failed to provide full compensation to the Department of State for damages to the U.S. Embassy in Belgrade, Serbia, resulting from a February 21, 2008, attack.
(Sec. 1410) Rescinds a specified amount of appropriated funds: (1) under the Andean Counterdrug Initiative for foreign operations, export financing, and related programs and appropriates that amount for the World Food Program for farmers in countries affected by food shortages to increase crop yields; (2) for international narcotics control and law enforcement and appropriates that amount for assistance to Sudan for police units; and (3) from the Iraq Relief and Reconstruction Fund under prior Acts.
(Sec. 1411) Authorizes the use of specified funds for: (1) peacekeeping operations in Darfur, Sudan; and (2) establishing a U.S. consulate in Lhasa, Tibet.
(Sec. 1413) Rescinds a specified amount of funds appropriated in prior Acts for the Millennium Challenge Corporation and appropriates that amount for assistance to Jordan.
(Sec. 1414) Makes funds provided in this chapter for diplomatic and consular programs and the Economic Support Fund available for programs and countries in specified amounts.
(Sec. 1415) Sets forth certain: (1) funding reprogramming authority; and (2) spending plan and notification requirements.
Title II: Domestic Matters - Chapter 1: Food and Drug Administration - Makes additional FY2009 appropriations for the Food and Drug Administration (FDA) for salaries and expenses.
Chapter 2: Commerce, Justice, and Science - Makes additional appropriations for: (1) the Bureau of the Census (Department of Commerce) for periodic censuses and programs; and (2) the federal prison system (Department of Justice) for salaries and expenses.
Makes additional appropriations for the: (1) National Aeronautics and Space Administration (NASA) for science, aeronautics, and exploration; and (2) National Science Foundation for research and related activities, education, and human resources.
Chapter 3: Energy - Makes additional appropriations for the Department of Energy (DOE) for science and defense environmental cleanup.
Chapter 3: Labor and Health and Human Services - Makes additional appropriations for: (1) Department of Labor state unemployment insurance and employment service operations; and (2) the Department of Health and Human Services for the National Institutes of Health.
Chapter 5: Legislative Branch - Appropriates funds for Annette Lantos, widow of the late Representative Tom Lantos.
Title III: Natural Disaster Relief and Recovery - Chapter 1: Agriculture - Makes supplemental appropriations for FY2008 for the Department of Agriculture for: (1) the Farm Service Agency's Emergency Conservation Program; and (2) the Natural Resources Conservation Service's Emergency Watershed Protection Program.
Chapter 2: Commerce - Makes supplemental appropriations for the Department of Commerce's Economic Development Administration for Economic Development Assistance Programs for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in areas covered by a declaration of major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
Chapter 3: Corps of Engineers - Makes supplemental appropriations to the Corps of Engineers for: (1) Construction for necessary expenses to address emergency situations at Corps projects and to rehabilitate and repair damages to Corps projects caused by recent natural disasters and for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season; (2) the Mississippi River and Tributaries for recovery from natural disasters; (3) Operation and Maintenance to dredge navigation channels and repair other Corps projects related to natural disasters; (4) Flood Control and Coastal Emergencies for necessary expenses to prepare for flood, hurricane, and other natural disasters and to support emergency operations, repair, and other activities in response to flood and hurricane emergencies and for necessary expenses relating to the consequences of Hurricane Katrina and other hurricanes of the 2005 season; and (5) 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.
Chapter 4: Small Business - Makes supplemental appropriations to the Small Business Administration for the direct loans program account for necessary expenses related to flooding in midwestern states and other natural disasters.
Chapter 5: FEMA Disaster Relief - Makes supplemental appropriations for the Department of Homeland Security (DHS) for the Federal Emergency Management Agency (FEMA) for Disaster Relief.
Chapter 6: Housing and Urban Development - Makes supplemental appropriations to the Department of Housing and Urban Development (HUD) for: (1) the provision of 3,000 units of permanent supportive housing as referenced in the Road Home Program of the Louisiana Recovery Authority approved by the Secretary of Housing and Urban Development; and (2) the 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 the Stafford Act as a result of recent natural disasters.
Title IV: Emergency Unemployment Compensation - (Sec. 4001) Authorizes a state to enter into an agreement with the Secretary of Labor under which the state agency will make emergency unemployment compensation payments to individuals who: (1) have exhausted all rights to regular compensation under state or federal law with respect to a benefit year ending on or after 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 or federal unemployment compensation law; and (3) are not receiving compensation for such week under the unemployment compensation law of Canada.
Authorizes a state's governor in an extended benefit period, if state law permits, to provide for the payment of emergency unemployment compensation before extended compensation to individuals who otherwise meet the requirements of this title.
Allows the payment of unemployment compensation to aliens only if they are legally authorized to work in the United States.
(Sec. 4002) Requires such agreements to require states to establish an emergency unemployment compensation account for an applicant's benefit year.
Prescribes a formula for crediting amounts to such accounts.
(Sec. 4003) Requires federal payments to states that have entered into such agreements to cover 100% of emergency unemployment compensation payments.
Prohibits such payments from being made to any state if it is entitled to reimbursement in respect of such compensation under any federal law other than this title or federal law relating to unemployment compensation for federal employees and ex-servicemen.
Denies a state entitlement to any reimbursement under the latter law if the state is entitled to reimbursement under this title.
(Sec. 4004) Requires funds in the extended unemployment compensation account of the Unemployment Trust Fund to be used for payments to states having such agreements.
Appropriates out of the employment security administration account of such Fund, without fiscal year limitation, the funds necessary to assist states in meeting the costs of administration of such agreements.
Appropriates from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account of the Unemployment Trust Fund such sums as the Secretary estimates are necessary to make payments for: (1) compensation payable to federal employees and ex-servicemen; and (2) compensation payable on the basis of certain services performed for nonprofit organizations or governmental entities. Declares that none of these appropriations shall be required to be repaid.
(Sec. 4005) Makes an individual ineligible for further emergency unemployment compensation, and subjects him or her to fines and imprisonment of up to five years, or both, if the individual knowingly has made, or caused another to make, 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 actions the individual has received such emergency unemployment compensation to which he or she was not entitled.
Directs the state to require such an individual to repay the compensation to the state agency unless the state determines that: (1) the overpayment was without fault on the individual's part; and (2) such repayment would be contrary to equity and good conscience.
(Sec. 4007) Requires any agreement entered into under this title to apply only to weeks of unemployment: (1) beginning after the agreement is entered into; and (2) ending on or before March 31, 2009.
Title V: Veterans Educational Assistance - Post-9/11 Veterans Educational Assistance Act of 2008 - (Sec. 5003) Amends federal veterans' benefits provisions to entitle to veterans' educational assistance individuals who, commencing on or after September 11, 2001, serve on active duty in the Armed Forces for: (1) at least 36 months; (2) at least 30 continuous days and is discharged or released due to a service-connected disability; or (3) less than 36 months or 30 continuous days, but are discharged or release under honorable conditions, placed on a retired list or into reserve service, or discharged or released from duty due to certain qualifying physical or mental conditions or hardship. Excepts certain service as qualifying for such assistance.
Establishes the duration of such assistance (in most cases 36 months) and assistance amounts, such amounts prorated based on the amount of active-duty service. Prohibits an individual from losing assistance entitlement due to being called or ordered to active duty while pursuing a program of education. Requires programs of education pursued with such assistance to be approved by the Secretary of Veterans Affairs (including approval by the state approving agency concerned). Allows for the pursuit of an approved program of education while on active duty. Allows, under such assistance, for the pursuit of: (1) programs on less than a half-time basis; (2) tutorial assistance; and (3) licensure and certification tests. Makes individuals entitled to assistance under this Act also eligible for supplemental educational assistance in the case of members with a critical skill or specialty or those performing additional service.
Requires the Secretary to carry out a program, to be known as the Yellow Ribbon G.I. Education Enhancement Program, under which colleges and universities may enter into an agreement with the Secretary to cover, for certain individuals, a portion of established charges not otherwise covered under the post-9/11 assistance, and match contributions toward such costs. Directs the Secretary to make publicly available on a Department of Veterans Affairs (VA) website a current list of the colleges and universities participating in the Program.
Provides additional assistance for individuals relocating or traveling significant distances for a program of education under this title.
Authorizes the transfer to family members of up to 36 months of unused post-9/11 educational assistance.
Requires educational assistance under this title to be used within 15 years of the individual's discharge or release from active duty (with exceptions). Bars the duplication of assistance under this title with any other federal educational assistance to which a member may be entitled, instead requiring an election. Directs the Secretary to provide to members of the Armed Forces all necessary information on the educational assistance benefits, limitations, procedures, and eligibility and application requirements under this title. Allows individuals currently under the Montgomery GI Bill educational assistance program to elect to participate in the post-9/11 educational assistance program with respect to any unused entitlement.
(Sec. 5004) Increases the amounts of basic educational assistance under the Montgomery GI Bill for the period beginning on August 1, 2008, and ending on September 30, 2009. Revises the formula for determining cost-of-living adjustments to such assistance.
(Sec. 5005) Sets $19 million as the maximum amount per fiscal year for reimbursement to states and local agencies administering veterans' education benefits.
(Sec. 5006) Allows a member serving on active duty or in the Selected Reserve or regular reserve who is entitled to Montgomery GI Bill educational assistance, has completed at least six years of service in the Armed Forces, and agrees to at least four more years of such service to transfer to family members up to 36 months of such assistance. Allows the member to modify or revoke such transfer at any time.
Title VI: Accountability and Transparency in Government Contracting - Chapter 1: Close the Contractor Fraud Loophole - Close the Contractor Fraud Loophole Act - (Sec. 6102) Requires the Federal Acquisition Regulation to be amended within 180 days after enactment of this Act to include provisions that require timely notification by federal contractors of violations of federal criminal law or overpayments in connection with the award or performance of covered contracts or subcontracts, including those performed outside the United States and those for commercial items.
(Sec. 6103) Defines the term "covered contract" to mean any contract in an amount greater than $5 million and of more than 120 days' duration.
Chapter 2: Government Funding Transparency - Government Funding Transparency Act of 2008 - (Sec. 6202) Amends the Federal Funding Accountability and Transparency Act to require the Office of Management and Budget (OMB) to ensure that the federal awards website includes for each federal award of assistance or expenditures of $25,000 or more the names and total compensation of the five most highly compensated officers of the receiving entity if: (1) the entity in the preceding fiscal year received 80% or more of its annual gross revenues and $25 million or more in annual gross revenues from federal awards; and (2) the public does not have access to information about the compensation of the entity's senior executives through reports filed under the Securities Exchange Act of 1934 or the Internal Revenue Code.
Requires the Director of OMB to promulgate regulations to carry out this Act that include a definition of "total compensation" that is consistent with regulations of the Securities and Exchange Commission (SEC) concerning executive compensation.
Title VII: Medicaid Provisions - (Sec. 7001) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Appropriations Act, 2007 to extend until April 1, 2009, the moratorium on implementation of a proposed rule ("Medicaid Program; Cost Limit for Providers Operated by Units of Government and Provisions To Ensure the Integrity of Federal-State Financial Partnership") relating to the federal-state financial partnerships under titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA).
Extends until April 1, 2009, the moratorium on any action by the Secretary of Health and Human Services to restrict Medicaid payments for graduate medical education (GME).
Amends the Medicare, Medicaid, and SCHIP Extension Act of 2007 to extend until April 1, 2009, the moratorium on certain restrictions relating to Medicaid coverage or payment for rehabilitation services or school-based administration and school-based transportation, including specified proposed regulations, if such restrictions are more restrictive in any aspect than those applied to such areas as of July 1, 2007.
Establishes additional moratoria until April 1, 2009, on specified regulatory actions concerning Medicaid: (1) treatment of optional case management services; and (2) allowable provider taxes.
Makes appropriations to the Office of the Inspector General of the Department of Health and Human Services (HHS) for FY2009, and authorizes appropriations for FY2010 and subsequent fiscal years, for the purpose of reducing fraud and abuse in the Medicaid program. Requires annual reports to specified congressional committees on activities funded by such appropriations.
Directs the Secretary of HHS to report to Congress on the Medicaid regulations referred to in this Act and how they were designed to address specific problems.
Directs the Secretary of HHS to contract with an independent organization to produce a comprehensive report for Congress on the prevalence of such problems: (1) identifying which claims for items and services under Medicaid are not processed through automated data systems; (2) examining the reasons why they are not so processed; and (3) recommending federal and state actions that can make claims for such items and services more accurate and completely consistent with Medicaid requirements.
Makes appropriations for such reports.
Amends SSA title XIX to require each state to implement an asset verification program for purposes of determining or redetermining the eligibility of an individual for state Medicaid assistance.
Requires withholding of federal matching payments from states failing to implement such program.
Amends the TMA, Abstinence Education, and QI Programs Extension Act of 2007 to repeal the requirement to extend to the Medicaid program the web-based asset demonstration project under SS title XVI (Supplemental Security Income) (SSI).
(Sec. 7002) Amends SSA titles XVIII and XIX to direct the Secretary of Health and Human Services to establish: (1) a Medicare Improvement Fund, available for making improvements under the original fee-for-service Medicare program; and (2) a Medicaid Improvement Fund, available for improving the management of the Medicaid program by the Centers for Medicare & Medicaid Services, including oversight of contracts and contractors and evaluation of demonstration projects.
Makes certain amounts available to the Medicare Improvement Fund for FY2014 and to the Medicaid Improvement Fund for FY2014-FY2018.
Amends SSA title XVIII to make adjustments to funding available to the Physician Assistance and Quality Initiative (PAQI) Fund. Reduces amounts available to the Fund for expenditure during 2013, but adds funds for 2014 expenditures (under the same limitations provided for those made with money available during 2013).
Title VIII: General Provisions, This Act - (Sec. 8001) Prohibits any part of an appropriation contained in this Act from remaining available beyond the current fiscal year unless expressly provided herein.
(Sec. 8002) Designates each amount in this Act as an emergency requirement and necessary to meet emergency needs pursuant to the concurrent resolutions on the budget for FY2008 and FY2009.
(Sec. 8003) Reduces by $3,577,845,000 the total amount appropriated in Title IX of this Act for defense procurement, research, development, test and evaluation (RDT&E), and working capital funds.
(Sec. 8005) Earmarks specified funds made available for the Defense Health Program under the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 for psychological health and traumatic brain injury.
Title IX: Defense Matters - Chapter 1: Defense Supplemental Appropriations for Fiscal Year 2008 - Makes supplemental appropriations for the Department of Defense (DOD) for FY2008 for: (1) military personnel; (2) operation and maintenance (O&M); (3) the Iraq Freedom Fund; (4) the Afghanistan Security Forces Fund; (5) the Iraq Security Forces Fund; (6) procurement; (7) National Guard and reserve equipment; (8) RDT&E; (9) Defense Working Capital Funds; (10) the National Defense Sealift Fund; (11) the Defense Health Program; (12) drug interdiction and counter-drug activities; and (13) the Office of the Inspector General.
(Sec. 9103) Authorizes the Secretary of Defense (Secretary, for purposes of this title), in the national interest, to transfer between appropriations up to $2.5 billion of the funds made available to DOD in this Act. Requires congressional notification of each transfer.
(Sec. 9104) Earmarks specified DOD O&M funds to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction in Iraq, Afghanistan, and the Philippines). Requires a quarterly report from the Secretary to the congressional defense committees on the source and use of such funds.
(Sec. 9106) Earmarks specified drug interdiction and counter-drug activities funds for the support of counter-drug activities of Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, and Turkmenistan, as specified in the National Defense Authorization Act (NDAA) for Fiscal Year 1998.
(Sec. 9107) Allows amounts provided in this Chapter for operations in Iraq and Afghanistan to be used for the purchase of up to 20 heavy and light armored vehicles for force protection purposes. Requires the Secretary to notify the defense committees of any such purchases.
(Sec. 9109) Earmarks specified funds to conduct or support a program to build the capacity of a foreign country's national military forces to conduct counterterrorist operations or support military and stability operations in which U.S. Armed Forces are a participant.
Chapter 2: Defense Bridge Fund Appropriations for Fiscal Year 2009 - Appropriates funds for DOD for FY2009 for: (1) military personnel; (2) O&M; (3) the Afghanistan Security Forces Fund; (4) the Iraq Security Forces Fund; (5) procurement; (6) RDT&E; (7) the Defense Health Program; (8) drug interdiction and counter-drug activities; and (9) the Joint Improvised Explosive Device Defeat Fund.
(Sec. 9203) Authorizes the Secretary, in the national interest, to transfer between appropriations up to $4 billion of the funds made available to DOD in this Act. Requires congressional notification of each transfer.
(Sec. 9204) Directs the Secretary to report quarterly to Congress from December 5, 2008, through FY2009, a comprehensive set of performance indicators and measures for progress toward military and political stability in Iraq.
(Sec. 9205) Requires a report from the Secretary to the defense committees on individual transition readiness assessments by unit of Iraq and Afghan security forces. Requires quarterly updates through the end of FY2009. Requires the: (1) Director of the Office of Management and Budget (OMB) to report to such committees (with quarterly updates) on the proposed use of all funds within the Iraq Security Forces Fund and the Afghanistan Security Forces Fund on a project-by-project basis; and (2) Secretary to report to such committees on any proposed new projects or transfers of funds in excess of $15 million using funds appropriated by this Act for either such Fund.
(Sec. 9206) Authorizes the use of O&M funds under this Chapter for providing supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan. Directs the Secretary to report quarterly to the defense committees on the support provided.
(Sec. 9207) Appropriates funds to the Mine Resistant Ambush Protected Vehicle Fund.
Chapter 3: General Provision - This Title - (Sec. 9301) Designates each amount appropriated in this title as an emergency requirement pursuant to provisions of the concurrent resolution on the budget for fiscal year 2008.
(Sec. 9303) Prohibits the use of funds under this Act in contravention of specified federal laws 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).
(Sec. 9304) Directs the Secretaries of Defense, State, and Homeland Security to jointly submit to Congress the U.S. global strategy to combat and defeat al Qaeda and its affiliates.
(Sec. 9305) Prohibits funds provided in this title from being used to finance programs or activities denied by Congress in FY2007 or FY2008 appropriations to DOD or to initiate a procurement or RDT&E new start program without prior notification to the defense committees.
(Sec. 9306) Amends the NDAA for Fiscal Year 2008 to increase the amount allocated for the Military Budget for the common-funded budgets of NATO.
(Sec. 9307) Prohibits the use of funds under this title to provide award fees to any defense contractor contrary to provisions of the NDAA for Fiscal Year 2007 concerning the linking of award and incentive fees to acquisition outcomes.
(Sec. 9308) Rescinds specified funds made available under prior defense and consolidated appropriations Acts for the Defense Health Program and the Joint Improvised Explosive Device Defeat Fund.
(Sec. 9309) Earmarks specified funds from the Iraq Freedom Fund under the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 for the Joint Rapid Acquisition Cell and the transportation of fallen servicemembers.
(Sec. 9310) Prohibits any DOD funds other than those deposited in the Department of Defense Base Closure Account 2005 from being obligated or expended to implement any final action on joint basing initiatives under the 2005 round of defense base closures and realignments until each affected military department Secretary or federal agency head certifies to the defense committees that joint basing at the affected installation will result in significant cost savings and will not negatively impact the morale of members of the Armed Forces.
(Sec. 9311) Allows DOD O&M funds to be used to purchase items having an investment unit cost of no more than $250,000, but allows such funds to be used to purchase items having an investment unit cost of up to $500,000 upon a determination by the Secretary that such purchase is necessary to meet the operational requirements of a commander of a combatant command engaged in contingency operations overseas.
Supplemental Appropriations Act, 2008 - Title I: Military Construction, Veterans Affairs, International Affairs, and Other Security-Related Matters - Chapter 1: Agriculture - Makes supplemental appropriations for FY2008 to the Department of Agriculture for the Foreign Agricultural Service for grants under the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480) for emergency and nonemergency food assistance to foreign countries.
Chapter 2: Commerce, Justice, and Science - Makes supplemental appropriations to the Department of Justice for: (1) the Office of Inspector General; (2) general legal activities; (3) the U.S. Marshals Service; (4) the Federal Bureau of Investigation (FBI); (5) the Drug Enforcement Administration (DEA); (6) the Bureau of Alcohol, Tobacco, Firearms and Explosives; and (7) the Federal Prison System.
Chapter 3: Military Construction and Veterans Affairs - Makes supplemental appropriations for the Department of Defense (DOD) for: (1) military construction for the Army, Navy and Marine Corps, Air Force, and DOD; (2) family housing construction for the Navy and Marine Corps; and (3) the Department of Defense Base Closure Account, 2005.
Makes supplemental appropriations for the Department of Veterans Affairs (VA) for: (1) general operating expenses; and (2) information technology systems.
(Sec. 1301) Prohibits any funds from being used to terminate, reorganize, or relocate the Armed Forces Institute of Pathology until the President has established a Joint Pathology Center as required under the National Defense Authorization Act for Fiscal Year 2008.
Chapter 4: Department of State and Foreign Operations - Subchapter A: Supplemental Appropriations for Fiscal Year 2008 - Makes FY2009 supplemental appropriations for the Department of State (Department) for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the Office of Inspector General; (3) U.S. embassy security, construction, and maintenance; (4) contributions to international organizations; (5) contributions to international peacekeeping activities; (6) the Democracy Fund; (7) international narcotics control and law enforcement; (8) migration and refugee assistance; (9) the United States Emergency Refugee and Migration Assistance Fund; and (10) nonproliferation, anti-terrorism, and related programs.
Makes FY2009 supplemental appropriations for the Economic Support Fund.
Makes FY2009 supplemental appropriations to the President for: (1) international disaster assistance; (2) the United States Agency for International Development (USAID) for operating expenses and for the Office of Inspector General; and (3) the foreign military financing program.
Subchapter B: Bridge Fund Supplemental Appropriations for Fiscal Year 2009 - Makes additional FY2009 appropriations for the Department for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the Office of Inspector General; (3) U.S. embassy security, construction, and maintenance; (4) contributions to international organizations; (5) contributions to international peacekeeping activities; (6) the Economic Support Fund; (7) the Democracy Fund; (8) international narcotics control and law enforcement; (9) migration and refugee assistance; (10) the United States Emergency Refugee and Migration Assistance Fund; (11) nonproliferation, anti-terrorism, and related programs; (12) international narcotics control and law enforcement; (13) migration and refugee assistance; and (14) nonproliferation, anti-terrorism, and related programs.
Makes additional FY2009 appropriations for the Broadcasting Board of Governors for international broadcasting operations.
Makes additional FY2009 appropriations to the President for: (1) global health and child survival; (2) development assistance; (3) international disaster assistance; (4) USAID for operating expenses and for the Office of Inspector General; (5) the foreign military financing program; and (6) peacekeeping operations.
Makes additional FY2009 appropriations for the Economic Support Fund.
Subchapter C: General Provisions, This Chapter - (Sec. 1402) Specifies that certain funds for Afghanistan shall be made available for: (1) assistance for women and girls; (2) higher education; and (3) civilian assistance.
Directs the Secretary of State to report to the Appropriations Committees (Committees) respecting anticorruption activities undertaken by the government of Afghanistan.
(Sec. 1403) Directs the Secretary to report to the Committees respecting: (1) U.S. assistance for training of Palestinian security forces; and (2) the security strategy of the Palestinian Authority (PA).
(Sec. 1404) Sets forth funding assistance provisions for Mexico, including provisions respecting: (1) funds for anti-drug trafficking and related anti-crime activities, judicial reform, and law enforcement; (2) funding allocation requirements for the government of Mexico; and (3) a spending plan report to Congress.
(Sec. 1405) Sets forth funding assistance provisions for the countries of Central America (Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama), including provisions respecting: (1) funds for anti-drug trafficking and related anti-crime activities; (2) funds for Haiti and the Dominican Republic; (3) allocation of funds and related requirements; and (4) a spending plan report to Congress.
(Sec. 1406) Transfers specified funds into the Buying Power Maintenance Account.
(Sec. 1407) Rescinds a specified amount of appropriated funds under the Andean Counterdrug Initiative for foreign operations, export financing, and related programs and appropriates a similar amount for the World Food Program for farmers in countries affected by food shortages to increase crop yields.
Rescinds a specified amount of appropriated finds for international narcotics control and law enforcement for foreign operations, export financing, and related programs and appropriates a similar amount for assistance to Sudan for police units.
(Sec. 1408) Makes funds provided in this chapter for diplomatic and consular programs and the Economic Support Fund available for programs and countries in specified amounts.
(Sec. 1409) Sets forth certain: (1) funding reprogramming authority; and (2) spending plan and notification requirements.
Title II: Domestic Matters - Chapter 1: Commerce, Justice, and Science - Makes additional FY2009 appropriations for: (1) the Bureau of the Census (Department of Commerce) for periodic censuses and programs; and (2) the federal prison system (Department of Justice) for salaries and expenses.
Chapter 2: Energy and Water Development - Makes additional FY2009 appropriations for the Army Corps of Engineers-Civil for expenses relating to flood control, coastal emergencies, and the consequences of Hurricane Katrina and other 2005 hurricanes, including specified amounts for projects in Louisiana and New Orleans.
Chapter 3: Labor, Health and Human Services, and Education - Makes additional FY2009 appropriations for Department of Labor state unemployment insurance and employment service operations.
Chapter 4: Legislative Branch - Appropriates funds for Annette Lantos, widow of the late Representative Tom Lantos.
Title III: Veterans Educational Assistance - Post-9/11 Veterans Educational Assistance Act of 2008 - (Sec. 3003) Amends federal veterans' benefits provisions to entitle to educational assistance under the Montgomery GI Bill individuals who, commencing on or after September 11, 2001, serve on active duty in the Armed Forces for: (1) at least 36 months; (2) at least 30 continuous days; or (3) less than 36 months or 30 continuous days, but are discharged or release under honorable conditions, placed into reserve service, or discharged or released from duty due to certain qualifying physical or mental conditions or hardship. Excepts certain service as qualifying for such assistance.
Establishes the duration of such assistance (in most cases 36 months) and assistance amounts. Prohibits an individual from losing assistance entitlement due to being called or ordered to active duty while pursuing a program of education. Requires programs of education pursued with such assistance to be approved by the Secretary of Veterans Affairs (including approval by the state approving agency concerned). Allows for the pursuit of an approved program of education while on active duty. Allows, under such assistance, for the pursuit of: (1) programs on less than a half-time basis; (2) tutorial assistance; and (3) licensure and certification tests. Makes individuals entitled to assistance under this Act also eligible for supplemental educational assistance in the case of members with a critical skill or specialty or those performing additional service.
Requires the Secretary to carry out a program, to be known as the Yellow Ribbon G.I. Education Enhancement Program, under which colleges and universities may enter into an agreement with the Secretary to cover, for certain individuals, a portion of established charges not otherwise covered and match contributions toward such costs. Directs the Secretary to make publicly available on a Department of Veterans Affairs (VA) website a current list of the colleges and universities participating in the Program.
Requires educational assistance under this Act to be used within 15 years of the individual's discharge or release from active duty (with exceptions). Directs the Secretary to provide to members of the Armed Forces all necessary information on the educational assistance benefits, limitations, procedures, and eligibility requirements under this Act. Allows individuals currently under the Montgomery GI Bill educational assistance program to elect to participate in the post-9/11 educational assistance program with respect to any unused entitlement.
(Sec. 3004) Increases the amounts of basic educational assistance under the Montgomery GI Bill for the period beginning on August 1, 2008, and ending on September 30, 2009. Revises the formula for determining cost-of-living adjustments to such assistance.
(Sec. 3005) Caps at $19 million the VA fiscal year limit for reimbursing state and local agencies administering veterans' educational assistance benefits.
Title IV: Emergency Unemployment Compensation - (Sec. 4001) Authorizes a state to enter into an agreement with the Secretary of Labor under which the state agency will make emergency unemployment compensation payments to individuals who: (1) have exhausted all rights to regular compensation under state or federal law with respect to a benefit year ending on or after 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 or federal unemployment compensation law; and (3) are not receiving compensation for such week under the unemployment compensation law of Canada.
Authorizes a state's governor in an extended benefit period, if state law permits, to provide for the payment of emergency unemployment compensation before extended compensation to individuals who otherwise meet the requirements of this title.
(Sec. 4002) Requires such agreements to require states to establish an emergency unemployment compensation account for an applicant's benefit year.
Prescribes a formula for crediting amounts to such accounts.
Makes a special rule to augment the compensation amount if such an account is exhausted while the state is in an extended benefit period. Revises the definition of "extended benefit period" to include states with a total unemployment rate (TUR) of at least 6.0% and states with an insured unemployment rate (IUR) of at least 4.0% (regardless of certain other ordinary requirements).
(Sec. 4003) Requires federal payments to states that have entered into such agreements to cover 100% of emergency unemployment compensation payments.
Prohibits such payments from being made to any state if it is entitled to reimbursement in respect of such compensation under any federal law other than this title or federal law relating to unemployment compensation for federal employees and ex-servicemen.
Denies a state entitlement to any reimbursement under the latter law if the state is entitled to reimbursement under this title.
(Sec. 4004) Requires funds in the extended unemployment compensation account of the Unemployment Trust Fund to be used for payments to states having such agreements.
Appropriates out of the employment security administration account of such Fund, without fiscal year limitation, the funds necessary to assist states in meeting the costs of administration of such agreements.
Appropriates from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account of the Unemployment Trust Fund such sums as the Secretary estimates are necessary to make payments for: (1) compensation payable to federal employees and ex-servicemen; and (2) compensation payable on the basis of certain services performed for nonprofit organizations or governmental entities. Declares that none of these appropriations shall be required to be repaid.
(Sec. 4005) Makes an individual ineligible for further emergency unemployment compensation, and subjects him or her to fines and imprisonment of up to five years, or both, if the individual knowingly has made, or caused another to make, 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 actions the individual has received such emergency unemployment compensation to which he or she was not entitled.
Directs the state to require such an individual to repay the compensation to the state agency unless the state determines that: (1) the overpayment was without fault on the individual's part; and (2) such repayment would be contrary to equity and good conscience.
(Sec. 4007) Requires any agreement entered into under this title to apply only to weeks of unemployment: (1) beginning after the agreement is entered into; and (2) ending on or before March 31, 2009.
Title V: Medicaid Provisions - (Sec. 5001) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Appropriations Act, 2007 to extend until April 1, 2009, the moratorium on implementation of a proposed rule ("Medicaid Program; Cost Limit for Providers Operated by Units of Government and Provisions To Ensure the Integrity of Federal-State Financial Partnership") relating to the federal-state financial partnerships under titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA).
Extends until April 1, 2009, the moratorium on any action by the Secretary of Health and Human Services to restrict Medicaid payments for graduate medical education (GME).
Amends the Medicare, Medicaid, and SCHIP Extension Act of 2007 to extend until April 1, 2009, the moratorium on certain restrictions relating to Medicaid coverage or payment for rehabilitation services or school-based administration and school-based transportation, including specified proposed regulations, if such restrictions are more restrictive in any aspect than those applied to such areas as of July 1, 2007.
Establishes additional moratoria until April 1, 2009, on specified regulatory actions concerning Medicaid: (1) treatment of optional case management services; (2) outpatient hospital services; and (3) allowable provider taxes.
Makes appropriations to the Secretary for FY2009, and authorizes appropriations for FY2010 and subsequent fiscal years, for the purpose of reducing fraud and abuse in the Medicaid program. Requires annual reports to specified congressional committees on activities funded by such appropriations.
Directs the Secretary to report to Congress on the Medicaid regulations referred to in this Act and how they were designed to address specific problems.
Directs the Secretary to contract with an independent organization to produce a comprehensive report for Congress on the prevalence of such problems: (1) identifying which claims for items and services under Medicaid are not processed through automated data systems; (2) examining the reasons why they are not so processed; and (3) recommending federal and state actions that can make claims for such items and services more accurate and completely consistent with Medicaid requirements.
Amends SSA title XIX to require each state to implement an asset verification program for purposes of determining or redetermining the eligibility of an individual for state Medicaid assistance.
Requires withholding of federal matching payments from states failing to implement such program.
Amends the TMA, Abstinence Education, and QI Programs Extension Act of 2007 to repeal the requirement to extend to the Medicaid program the web-based asset demonstration project under SS title XVI (Supplemental Security Income) (SSI).
Amends SSA title XVIII to make adjustments to funding available to the Physician Assistance and Quality Initiative (PAQI) Fund. Reduces amounts available to the Fund for expenditure during 2013, but adds funds for 2014 expenditures (under the same limitations provided for those made with money available during 2013).
Title VI: Accountability and Transparency in Government Contracting - Chapter 1: Close the Contractor Fraud Loophole - Close the Contractor Fraud Loophole Act - (Sec. 6102) Requires the Federal Acquisition Regulation to be amended within 180 days after enactment of this Act to include provisions that require timely notification by federal contractors of violations of federal criminal law or overpayments in connection with the award or performance of covered contracts or subcontracts, including those performed outside the United States and those for commercial items.
(Sec. 6103) Defines the term "covered contract" to mean any contract in an amount greater than $5,000,000 and of more than 120 days' duration.
Chapter 2: Government Funding Transparency - Government Funding Transparency Act of 2008 - (Sec. 6202) Amends the Federal Funding Accountability and Transparency Act to require the Office of Management and Budget (OMB) to ensure that the federal awards website includes for each federal award of assistance or expenditures of $25,000 or more the names and total compensation of the five most highly compensated officers of the receiving entity if: (1) the entity in the preceding fiscal year received 80% or more of its annual gross revenues and $25 million or more in annual gross revenues from federal awards; and (2) the public does not have access to information about the compensation of the entity's senior executives through reports filed under the Securities Exchange Act of 1934 or the Internal Revenue Code.
(Sec. 6203) Requires the Director of OMB to promulgate regulations to carry out this Act that include a definition of "total compensation" that is consistent with regulations of the Securities and Exchange Commission (SEC) concerning executive compensation.
Title VII: GI Bill Financing Provision - (Sec. 7001) Amends the Internal Revenue Code to impose a tax upon a taxpayer other than a corporation of 0.47% of the amount of modified adjusted gross income that exceeds $500,000 for an individual, or $1 million in the case of a joint return or a surviving spouse.
Title VIII: General Provisions - (Sec. 8001) Prohibits any part of an appropriation contained in this Act from remaining available beyond the current fiscal year unless expressly provided herein.
(Sec. 8002) Designates each amount in this Act as an emergency requirement and necessary to meet emergency needs pursuant to the concurrent resolution on the budget for FY2008.
Title X [sic]: Policy Regarding Operations in Iraq - (Sec. 10001) Expresses the sense of Congress that the performance of U.S. military personnel should be commended, their courage and sacrifice have been exceptional, and, when they return, their service should be appropriately recognized.
(Sec. 10002) States as the policy of DOD that units should not be deployed for combat unless they are rated "fully mission capable." Prohibits any funds from being used to deploy any unit of the Armed Forces to Iraq unless the President has certified to the congressional appropriations and defense committees that such unit is fully mission capable in advance of entry into Iraq. Waives such requirement upon certification by the President that a unit not not so rated is required for national security reasons.
(Sec. 10003) States as the policy of DOD that Army, Army Reserve, and National Guard units should not be deployed for combat beyond 365 days, and that Marine Corps and Marine Corps Reserve units should not be so deployed beyond 210 days. Prohibits any funds from being used to initiate, continue, or execute any order that extends the deployment of any such unit for Operation Iraqi Freedom beyond such limitations. Authorizes the President to waive any such limitation on a unit-by-unit basis upon certification to the appropriations and defense committees that such extension is required for national security reasons.
(Sec. 10004) States as the policy of DOD that an Army, Army Reserve, or National Guard unit should not be redeployed for combat if the unit has been deployed within the previous 365 days, and that a Marine Corps or Marine Corps Reserve unit should not be redeployed if the unit has been deployed within the previous 210 days. Prohibits any funds from being used to initiate, continue, or execute any order that extends the deployment of any such unit for Operation Iraqi Freedom beyond such limitations. Authorizes the President to waive any such limitation on a unit-by-unit basis upon certification to the appropriations and defense committees that such extension is required for national security reasons.
(Sec. 10005) Prohibits any individual under the custody or control of an element of the intelligence community (IC), regardless of nationality or physical location, from being subject to any treatment or technique not authorized by the United States Army Field Manual on Human Intelligence Collector Operations.
(Sec. 10006) Prohibits any funds from being used to detain any individual under the custody or control of an IC element unless the International Committee of the Red Cross is provided notification of such detention and timely access to such person.
(Sec. 10007) Prohibits any funds from being obligated or expended to: (1) establish any military installation or base for the permanent stationing of U.S. Armed Forces in Iraq; or (2) exercise U.S. control over any oil resource of Iraq.
(Sec. 10008) Prohibits any funds from being used to negotiate, enter into, or implement any agreement with the government of Iraq that includes security assurances for mutual defense, unless the agreement is: (1) in the form of a treaty requiring the advice and consent of the Senate; or (2) specifically authorized by a law enacted after the enactment of this Act.
(Sec. 10009) Prohibits any funds from being used to negotiate, enter into, or implement any agreement with the government of Iraq that would subject members of the U.S. Armed Forces to the jurisdiction of Iraq criminal courts or punishment under Iraq law.
(Sec. 10010) States that funds made available for assistance for Iraq shall be available only to the extent that the government of Iraq matches such assistance on a dollar-for-dollar basis. Provides exceptions. Requires the Secretaries of State and Defense to certify such matching expenditures to the appropriations committees. Requires a report from the Secretary of: (1) State to the appropriations committees on amounts provided by Iraq since June 30, 2004, to assist Iraqi refugees in Syria, Jordan, and elsewhere, and the amount Iraq plans to provide for such purpose in FY2008; and (2) Defense to Congress on the most recent annual budget for the government of Iraq.
(Sec. 10011) Prohibits the obligation or expenditure of DOD operation and maintenance funds for the Office of the Secretary of Defense or Washington Headquarters Services until the President: (1) completes an agreement with Iraq under which its government agrees to subsidize fuel provided to U.S. Armed Forces operating in Iraq so that its price is equal to the discounted price at which Iraq provides fuel for domestic Iraqi consumption; and (2) reports the terms and details of such agreement to the appropriations committees.
(Sec. 10012) Permits funds from this Act to be used to plan and execute a safe and orderly redeployment of U.S. Armed Forces from Iraq. Directs the President, within 30 days after enactment of this Act, to commence such a redeployment, with the goal of redeployment completion within 18 months. Requires the President to begin such redeployment with units that have been deployed in excess of 365 days, except for those units needed to provide for the safe withdrawal of other units or to protect U.S. and Coalition personnel and infrastructure.
States that, after such redeployment, U.S. Armed Forces may be deployed to or maintained in Iraq only to: (1) protect diplomatic facilities, Armed Forces, and U.S. citizens in Iraq; (2) provide limited logistical and intelligence support to Iraqi security forces; and (3) engage in targeted counterterrorism operations against al-Qaeda and affiliated groups and other terrorist organizations in Iraq.
Requires the Secretary of: (1) Defense to report to the defense committees on the current plan for and status of the reduction of U.S. Armed Forces in Iraq and their transition to a limited presence there; and (2) State to submit to the appropriations committees a strategy for civilian-led post-conflict stabilization and reconstruction assistance for Iraq.
Title XI: Reforms Related to War Profiteering and Contractors - Chapter 1: Adjustment of Wartime Statute of Limitations - (Sec. 11101) Amends the federal criminal code to revise provisions that suspend the statute of limitations for wartime frauds against the United States by: (1) making such provisions applicable to an authorization for the use of Armed Forces (currently, applicable only if a war has been declared); (2) extending such limitation period from three to five years after the termination of hostilities; and (3) requiring a presidential proclamation, with notice to Congress, to signal the end of hostilities and thus end the suspension of the statute of limitations.
Chapter 2: War Profiteering and Fraud - (Sec. 11201) Amends the federal criminal code to prohibit profiteering and fraud involving a contract or the provision of goods or services in connection with a mission of the U.S. Government overseas. Imposes: (1) a fine of not more than $1 million and/or a prison term of up to 20 years for knowingly defrauding the United States or a provisional authority in connection with such a mission or for materially overvaluing any goods or services with the intent to defraud; (2) a fine of not more than $1 million and/or a prison term of up to 10 years for falsification or concealment, false statements, or false documents in connection with such contracts or goods or services.
Grants extraterritorial federal jurisdiction over war profiteering and fraud offenses. Permits venue for the prosecution of such offenses in any district where any act in furtherance of an offense took place or where any party to a contract or provider of goods or services is located.
Allows criminal forfeiture of property obtained from a war profiteering or fraud offense. Makes war profiteering and fraud a predicate offense for money laundering and racketeering offenses.
Chapter 3: Military Extraterritorial Jurisdiction - MEJA Expansion and Enforcement Act of 2008 - (Sec. 11302) Provides that persons who, while employed by any federal department or agency other than the Armed Forces in a foreign country where the Armed Forces are conducting a qualifying military operation, engage in conduct that would constitute an offense punishable by imprisonment for more than one year if engaged in within U.S. jurisdiction, shall be punished as provided for that offense. Defines a qualifying military operation as one covered by a declaration of war, a contingency operation, or any other military operation outside the United States.
Requires the Inspector General of the Department of Justice to report to Congress on: (1) the status of investigations of alleged violations committed by contract personnel; and (2) any shootings or escalation of force incidents in Iraq or Afghanistan involving security officers or contractors employed by the federal government.
(Sec. 11303) Requires the Attorney General (AG) to create Investigative Units for Contractor Oversight to investigate allegations of criminal violations by contractor personnel. Allows such Units to refer a case to the AG for further action. Requires an annual report from the AG to Congress on the number of: (1) investigations referred for prosecution; and (2) Units deployed for investigations.
(Sec. 11304) Authorizes the AG to prescribe regulations governing the investigation, apprehension, detention, delivery, and removal of non-DOD employees and contractors for criminal violations.
(Sec. 11307) Requires the provisions of this Chapter to take effect immediately upon the enactment of this Act.
Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008 - Title I: Department of Defense - Appropriates funds for FY2008 for the Department of Defense (DOD) for: (1) military construction for the Army, Navy and Marine Corps, and Air Force (military departments), DOD, the Army and Air National Guard, and the Army, Navy, and Air Force reserves; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; (3) family housing and related operation and maintenance for the military departments and DOD; (4) the Department of Defense Family Housing Improvement Fund; (5) chemical demilitarization construction; and (6) the Department of Defense Base Closure Accounts of 1990 and 2005.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title and in other military construction appropriations Acts.
(Sec. 113) Directs the Secretary of Defense to notify the appropriate congressional committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction costs are anticipated to exceed $750,000.
(Sec. 118) Directs the Secretary to report to the appropriations committees on actions taken by DOD and the Department of State to encourage other members of NATO, Japan, South Korea, and U.S. allies bordering the Arabian Sea to assume a greater share of the common defense burden of such nations and the United States.
(Sec. 121) Requires the Secretary of the military department concerned, at least 60 days prior to issuing any solicitation for a contract with the private sector for military family housing, to notify the appropriations committees of any guarantees (including the making of mortgage or rental payments) proposed to be made to the private party in the event of: (1) the closure or realignment of the installation for which the housing is provided; (2) a reduction in force of units stationed at such installation; or (3) the extended deployment overseas of units stationed at such installation.
(Sec. 122) Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Metropolitan Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 125) Places specified restrictions and limitations on the obligation or expenditure of funds made available in this title or in any other military construction appropriations Act to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or for supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990.
Title II: Department of Veterans Affairs - Authorizes appropriations for the Department of Veterans Affairs (VA) for: (1) veterans' benefits programs; (2) readjustment benefits; (3) veterans insurance and indemnities; (4) the Veterans Housing Benefit Program Fund; (5) the Vocational Rehabilitation Loans Program; (6) the Native American Veteran Housing Loan Program; (7) guaranteed transitional housing loans for homeless veterans; (8) the Veterans Health Administration (including for medical and prosthetic research; (9) the National Cemetery Administration; (10) the Office of the Inspector General; (11) construction for major and minor projects; (12) grants for the construction of state extended care facilities and veterans cemeteries; and (13) information technology systems.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title.
(Sec. 210) Makes funds from this title available to reimburse expenses of the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication, within specified limits.
(Sec. 216) Directs the Secretary of Veterans Affairs (Secretary, for purposes of this title) to allow veterans eligible under existing VA medical care requirements and who reside in Alaska to obtain medical services from facilities supported by the Indian Health Service or tribal organizations.
(Sec. 219) Directs the Secretary to report quarterly to the appropriations committees on the financial status of the Veterans Health Administration.
(Sec. 223) Prohibits the VA from using funds available in this or any other Act to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment.
(Sec. 225) Prohibits the Secretary from declaring as excess to the needs of VA, or otherwise disposing or reducing the acreage of, federal lands and improvements at the Department of Veterans Affairs West Los Angeles Medical Center, California.
(Sec. 226) Requires the VA to continue research into Gulf War Illness at levels not less than those made available in FY2007, within available funds contained in this Act.
(Sec. 227) Requires the: (1) VA Inspector General (IG) to establish and maintain on the homepage of the Internet website of the IG a mechanism for individuals to anonymously report cases of VA waste, fraud, or abuse; and (2) Secretary to establish and maintain on the homepage of the VA's website a direct link to the IG's website.
(Sec. 228) Authorizes the Secretary, in the national interest, to transfer up to $5 million to the Secretary of Health and Human Services to support increased training of psychologists skilled in the treatment of post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and related disorders. Requires the Secretary to notify Congress of each transfer.
(Sec. 229) Requires: (1) semiannual reports from the Secretary to the appropriations committees on the current status of the reconstruction of the Department of Veterans Affairs Medical Center in New Orleans, Louisiana; and (2) a one-time report on whether that medical center should be designated as a Tier 1 polytrauma rehabilitation center or a polytrauma network site.
(Sec. 230) Increases (with a corresponding offset) the amounts made available for VA medical services, to be used for the Veterans Beneficiary Travel Program.
(Sec. 231) Directs the Secretary to report to the appropriations committees and certain subcommittees on VA access to medical services by veterans in remote rural areas.
(Sec. 232) Prohibits this Act's funds from being used during FY2008 to round down dollar amounts payable for veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and veterans' dependency and indemnity compensation for surviving spouses and children.
(Sec. 234) Designates the VA clinic in Alpena, Michigan, as the "Lieutenant Colonel Clement C. Van Wagoner Department of Veterans Affairs Clinic."
(Sec. 235) Authorizes the Secretary to carry out a major medical facility lease in FY2008 to implement the recommendations outlined in the August, 2007 study of south Texas veterans' inpatient and specialty outpatient health care needs.
Title III: Related Agencies - Appropriates funds for: (1) the American Battle Monuments Commission; (2) the U.S. Court of Appeals for Veterans Claims; (3) cemeterial expenses, Army; and (4) the Armed Forces Retirement Home.
Title IV: General Provisions - Specifies restrictions and authorizations regarding the use of funds appropriated in this Act.
(Sec. 408) Requires the Comptroller General of the United States to assess, and report to specified subcommittees on, the adequacy of the mental health services provided by the VA and DOD to female members of the Armed Forces and female veterans.
(Sec. 410) Authorizes the Secretary of the Interior to execute any instruments necessary to release the city of Aurora, Colorado, from any conditions under which certain non-federal lands in Colorado (to be used by the Secretary of Veterans Affairs for construction of a medical facility) would revert to the United States.
(Sec. 411) Appropriates funds for the Department of Homeland Security for state and local law enforcement entities for security and related costs associated with the Democratic National Convention and Republican National Convention in 2008.
(Sec. 412) Prohibits the use of funds for any action related to or promoting the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
Military Construction and Veterans Affairs Appropriations Act, 2008 - Title I: Department of Defense - Appropriates funds for FY2008 for the Department of Defense (DOD) for: (1) military construction for the Army, Navy and Marine Corps, and Air Force (military departments), DOD, the Army and Air National Guard, and the Army, Navy, and Air Force reserves; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; (3) family housing and related operation and maintenance for the military departments and DOD; (4) the Department of Defense Family Housing Improvement Fund; (5) chemical demilitarization construction; and (6) the Department of Defense Base Closure Accounts of 1990 and 2005.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title and in other military construction appropriations Acts.
(Sec. 113) Directs the Secretary of Defense to notify the appropriate congressional committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction costs are anticipated to exceed $100,000.
(Sec. 118) Directs the Secretary to report to the appropriations committees on actions proposed by DOD to encourage other members of NATO, Japan, Korea, and U.S. allies bordering the Arabian Sea to assume a greater share of the common defense burden of such nations and the United States.
(Sec. 121) Prohibits this Act's funds from being obligated for Partnership for Peace programs in the new independent states of the former Soviet Union.
(Sec. 122) Requires the Secretary of the military department concerned, at least 60 days prior to issuing any solicitation for a contract with the private sector for military family housing, to notify the appropriations committees of any guarantees (including the making of mortgage or rental payments) proposed to be made to the private party in the event of: (1) the closure or realignment of the installation for which the housing is provided; (2) a reduction in force of units stationed at such installation; or (3) the extended deployment overseas of units stationed at such installation.
(Sec. 123) Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Metropolitan Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 125) Requires the Secretary or any other DOD official, when requested by specified congressional subcommittees to respond to a question or inquiry pursuant to a subcommittee hearing or other authorized activity, to respond to such request within 21 days.
(Sec. 127) Places specified restrictions and limitations on the obligation or expenditure of funds made available in this title or in any other military construction appropriations Act to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or for supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990.
(Sec. 128) Provides for the transfer of lapsed unobligated military construction and family housing funds into the Foreign Currency Fluctuations, Defense account.
(Sec. 129) Prohibits this Act's funds from being used in connection with the construction of an outlying landing field in Washington County, North Carolina.
Title II: Department of Veterans Affairs - Authorizes appropriations for the Department of Veterans Affairs (VA) for: (1) the Veterans Benefits Administration; (2) readjustment benefits; (3) veterans insurance and indemnities; (4) the Veterans Housing Benefit Program Fund; (5) the Vocational Rehabilitation Loans Program; (6) the Native American Veteran Housing Loan Program; (7) guaranteed transitional housing loans for homeless veterans; (8) the Veterans Health Administration (including for medical and prosthetic research and information technology systems); (9) the National Cemetery Administration; (10) the Office of the Inspector General; (11) construction for major and minor projects; and (12) grants for the construction of state extended care facilities and veterans cemeteries.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title.
(Sec. 209) Makes funds from this title available to reimburse expenses of the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication, within specified limits.
(Sec. 215) Directs the Secretary of Veterans Affairs to allow veterans eligible under existing VA medical care requirements and who reside in Alaska to obtain medical services from facilities supported by the Indian Health Service or tribal organizations.
(Sec. 217) Prohibits the VA from using funds available in this or any other Act to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment.
(Sec. 219) Directs the Secretary of Veterans Affairs to report quarterly to the appropriations committees on the financial status of the Veterans Health Administration.
Title III: Related Agencies - Appropriates funds for: (1) the American Battle Monuments Commission; (2) the U.S. Court of Appeals for Veterans Claims; (3) cemeterial expenses, Army; and (4) the Armed Forces Retirement Home.
Title IV: General Provisions - Specifies restrictions and authorizations regarding the use of funds appropriated in this Act.
(Sec. 408) Requires the Director of the Congressional Budget Office (CBO) to submit annually to the appropriations committees projected appropriations necessary for the VA to continue providing necessary health care to veterans for FY2009-FY2012.
(Sec. 409) Prohibits this Act's funds from being used: (1) to purchase light bulbs unless such bulbs have the "ENERGY STAR" designation; or (2) for any action related to or promoting the expansion of the boundaries or size of the Pinon Canyon Maneuver Site in southeastern Colorado.
Military Construction and Veterans Affairs Appropriations Act, 2008 - Appropriates funds for FY2008 for the Department of Defense (DOD) for: (1) military construction for the Army, Navy and Marine Corps, and Air Force (military departments), DOD, the Army and Air National Guard, and the Army, Navy, and Air Force reserves; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; (3) family housing construction and related operation and maintenance for the military departments and DOD; (4) the Department of Defense Family Housing Improvement Fund; (5) DOD chemical demilitarization construction; and (6) the Department of Defense Base Closure Accounts of 1990 and 2005.
Appropriates funds for the Department of Veterans Affairs (VA) for: (1) the Veterans Benefits Administration; (2) readjustment benefits; (3) veterans insurance and indemnities; (4) the Veterans Housing Benefit Program Fund; (5) the Vocational Rehabilitation Loans Program; (6) the Native American Veteran Housing Loan Program; (7) guaranteed transitional housing loans for homeless veterans; (8) the Veterans Health Administration; (9) the National Cemetery Administration; (10) the Office of Inspector General; (11) construction for major and minor projects; and (12) grants for the construction of extended care facilities and veterans cemeteries.
Appropriates funds for: (1) the American Battle Monuments Commission; (2) the U.S. Court of Appeals for Veterans Claims; (3) cemeterial expenses, Army; and (4) the Armed Forces Retirement Home.
Specifies restrictions and authorities regarding the use of funds appropriated in this Act.