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P.L. 110-252, The Supplemental Appropriations Act, 2008
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Comparing revision saved on June 20, 2008, 19:52:25 (webmaster), with revision saved on September 16, 2008, 19:57:37 (webmaster):
Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008.
== Detailed Summary ==
<summary>
Supplemental Appropriations Act, 2008 - <b>Title I: Military Construction, Veterans Affairs, International Affairs, and Other Security-Related Matters - Chapter 1: Agriculture </b>- 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.
<b>Chapter 2: Commerce, Justice, and Science </b>-Justice</b>- 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.
<b>Chapter 3: Military Construction and Veterans Affairs </b>- 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.systems; and (3) construction for major projects.
(Sec. 1301) Prohibits anyAppropriates 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.accelerate barracks improvements at Army installations.
<b>Chapter(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.
<b>Chapter 4: Department of State and Foreign Operations - Subchapter A: Supplemental Appropriations for Fiscal Year 2008</b> - 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;maintenance for facilities in Afghanistan; (4) contributions to international organizations; (5) contributions to international peacekeeping activities;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.
<b>Subchapter B: Bridge Fund Supplemental Appropriations for Fiscal Year</b> <b>2009</b> - 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;maintenance for facilities in Afghanistan; (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)(8) 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)(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.
<b>Subchapter C: General Provisions, This Chapter </b>- (Sec. 1402) Specifies that certainProhibits the availability of funds appropriated for Afghanistan shall be made available for: (1) assistance for womeninfrastructure activities in Iraq until the Secretary of State (Secretary) certifies to the appropriations committees that the United States and girls; (2) higher education; and (3) civilian assistance.Iraq have entered into an asset transfer agreement that includes commitments by Iraq to maintain U.S.-funded infrastructure in Iraq.
DirectsProhibits the Secretaryuse of State to report toappropriated funds for the Appropriations Committees (Committees) respecting anticorruption activities undertaken by the governmentconstruction of Afghanistan. prison facilities in Iraq.
(Sec. 1403) DirectsProhibits the Secretary to report toavailability of more than 40% of the Committees respecting: (1) U.S. assistancefunds appropriated for trainingrule of Palestinian security forces; and (2)law programs in Iraq until the securitySecretary: (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 Palestinian Authority (PA).Secretary believes have committed corrupt acts.
(Sec. 1404) Sets forth funding assistance provisions for Mexico, including provisions respecting: (1)Prohibits the availability of funds appropriated for anti-drug trafficking and related anti-crime activities, judicial reform, and law enforcement; (2) funding allocation requirementsexpenses of Provisional Reconstruction Teams until the Secretary reports to such committees a strategy for the governmenteventual winding down and closing of Mexico;such Teams, and (3) a spending plan report to Congress.related cost information.
(Sec. 1405) Sets forth funding assistance provisions forProhibits the countriesavailability of Central America (Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama), including provisions respecting: (1)more than 50% of the funds appropriated 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 reportCommunity Stabilization Program in Iraq until the Secretary certifies to Congress.such committees that USAID is implementing certain recommendations to ensure accountability of funds.
(Sec. 1406) Transfers specifiedAllows the availability of funds intofor 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 Buying Power Maintenance Account.Secretary to such committees on Iraqi matching funds.
(Sec. 1407) RescindsRequires a specified amount of appropriated funds underreport from the Andean Counterdrug Initiative for foreign operations, export financing,Secretary to such committees on amounts provided by Iraq since June 30, 2004, to assist Iraqi refugees in Syria, Jordan, and related programselsewhere, and appropriates a similar amount for the World Food Program for farmers in countries affected by food shortagesamount Iraq plans to increase crop yields.so provide in FY2008.
Rescinds a specified amount of appropriated finds(Sec. 1403) Specifies that certain funds for international narcotics control and law enforcementAfghanistan shall be made available for: (1) assistance for foreign operations, export financing,women and related programsgirls; (2) higher education; and appropriates a similar amount for assistance to Sudan for police units.(3) post-operations assistance.
(Sec. 1408) Makes funds provided in this chapter for diplomatic and consular programs andDirects the Economic Support Fund available for programs and countries in specified amounts. Secretary of State to report to the appropriations committees respecting anticorruption activities undertaken by the government of Afghanistan.
(Sec. 1409) Sets forth certain:1404) Directs the Secretary to report to the appropriations committees respecting: (1) funding reprogramming authority;U.S. assistance for training of Palestinian security forces; and (2) spending plan and notification requirements. the security strategy of the Palestinian Authority.
<b>Title II: Domestic Matters - Chapter 1: Commerce, Justice, and Science - </b>Makes additional FY2009 appropriations for:(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 Bureauimplementation and verification of compliance by North Korea with its commitment to abandon all nuclear weapons and nuclear programs as part of the Census (Departmentverifiable denuclearization of Commerce) for periodic censuses and programs;the Korean Peninsula; and (2) the federal prison system (Departmentelimination of Justice) for salariesNorth 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 expenses.(3) Secretary to report to such committees on verification measures relating to North Korea's nuclear programs.
<b>Chapter 2: Energy and Water Development</b> - Makes additional FY2009 appropriations(Sec. 1406) Sets forth funding assistance provisions for the Army Corps of Engineers-CivilMexico, including provisions respecting: (1) funds for expenses relating to flood control, coastal emergencies,anti-drug trafficking and related anti-crime activities, judicial reform, and law enforcement; (2) funding allocation requirements for the consequencesgovernment of Hurricane KatrinaMexico; and other 2005 hurricanes, including specified amounts for projects in Louisiana and New Orleans.(3) a spending plan report to Congress.
<b>Chapter 3: Labor, Health(Sec. 1407) Sets forth funding assistance provisions for the countries of Central America (Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Human Services,Panama), including provisions respecting: (1) funds for anti-drug trafficking and Education </b>- Makes additional FY2009 appropriationsrelated anti-crime activities; (2) funds for DepartmentHaiti and the Dominican Republic; (3) allocation of Labor state unemployment insurancefunds and related requirements; and employment service operations.(4) a spending plan report to Congress.
<b>Chapter 4: Legislative Branch </b>- Appropriates(Sec. 1408) Transfers specified funds for Annette Lantos, widow ofinto the late Representative Tom Lantos.Buying Power Maintenance Account.
<b>Title III: Veterans Educational Assistance </b>- Post-9/11 Veterans Educational Assistance Act(Sec. 1409) Authorizes the withholding of 2008 - (Sec. 3003) Amends federal veterans' benefits provisionsspecified funds earmarked for Serbia if the Secretary reports to entitlethe appropriations committees that such country has failed to provide full compensation to educational assistance under the Montgomery GI Bill individuals who, commencing on or after September 11, 2001, serve on active duty inDepartment of State for damages to 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 releasedU.S. Embassy in Belgrade, Serbia, resulting from duty due to certain qualifying physical or mental conditions or hardship. Excepts certain service as qualifying for such assistance.a February 21, 2008, attack.
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(Sec. 1410) Rescinds a programspecified amount of education. Requires programs of education pursued with such assistance to be approved byappropriated funds: (1) under the Secretary of Veterans Affairs (including approval by the state approving agency concerned). AllowsAndean Counterdrug Initiative for foreign operations, export financing, and related programs and appropriates that amount for the pursuit of an approved program of education while on active duty. Allows, under such assistance,World Food Program for the pursuit of: (1) programs on less than a half-time basis;farmers in countries affected by food shortages to increase crop yields; (2) tutorial assistance;for international narcotics control and (3) licensurelaw enforcement and certification tests. Makes individuals entitledappropriates that amount for assistance to assistance under this Act also eligibleSudan for supplemental educational assistance inpolice units; and (3) from the case of members with a critical skill or specialty or those performing additional service.Iraq Relief and Reconstruction Fund under prior Acts.
Requires(Sec. 1411) Authorizes 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 portionuse of established charges not otherwise coveredspecified funds for: (1) peacekeeping operations in Darfur, Sudan; and match contributions toward such costs. Directs the Secretary to make publicly available on(2) establishing a Department of Veterans Affairs (VA) website a current list of the colleges and universities participatingU.S. consulate in the Program.Lhasa, Tibet.
Requires educational assistance under this Act to be used within 15 years(Sec. 1413) Rescinds a specified amount of funds appropriated in prior Acts for 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,Millennium Challenge Corporation 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 educationalappropriates that amount for assistance program with respect to any unused entitlement.Jordan.
(Sec. 3004) Increases the amounts of basic educational assistance under the Montgomery GI Bill1414) Makes funds provided in this chapter for the period beginning on August 1, 2008,diplomatic and consular programs and ending on September 30, 2009. Revises the formulaEconomic Support Fund available for determining cost-of-living adjustments to such assistance.programs and countries in specified amounts.
(Sec. 3005) Caps at $19 million the VA fiscal year limit for reimbursing state1415) Sets forth certain: (1) funding reprogramming authority; and local agencies administering veterans' educational assistance benefits. (2) spending plan and notification requirements.
<b>Title II: Domestic Matters - Chapter 1: Food and Drug Administration - </b>Makes additional FY2009 appropriations for the Food and Drug Administration (FDA) for salaries and expenses.
<b>Chapter 2: Commerce, Justice, and Science </b>- 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.
<b>Chapter 3: Energy</b> - Makes additional appropriations for the Department of Energy (DOE) for science and defense environmental cleanup.
<b>Chapter 3: Labor and Health and Human Services </b>- 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.
<b>Chapter 5: Legislative Branch </b>- Appropriates funds for Annette Lantos, widow of the late Representative Tom Lantos.
<b>Title III: Natural Disaster Relief and Recovery - Chapter 1: Agriculture - </b>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.
<b>Chapter 2: Commerce - </b>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.
<b>Chapter 3: Corps of Engineers </b>- 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.
<b>Chapter 4: Small Business - </b>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.
<b>Chapter 5: FEMA Disaster Relief - </b>Makes supplemental appropriations for the Department of Homeland Security (DHS) for the Federal Emergency Management Agency (FEMA) for Disaster Relief.
<b>Chapter 6: Housing and Urban Development</b> - 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.
<b>Title IV: Emergency Unemployment Compensation</b> -Compensation </b>- (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.
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.<br> 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.
<b>Title V: Medicaid Provisions</b>Veterans Educational Assistance </b>- Post-9/11 Veterans Educational Assistance Act of 2008 - (Sec. 5001)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 U.S. Troop Readiness, Veterans' Care, Katrina Recovery,Armed Forces for: (1) at least 36 months; (2) at least 30 continuous days and Iraq Accountability Appropriations Appropriations Act, 2007is discharged or released due to extend until April 1, 2009, the moratoriuma service-connected disability; or (3) less than 36 months or 30 continuous days, but are discharged or release under honorable conditions, placed on implementation of a proposed rule ("Medicaid Program; Cost Limitretired 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 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).such assistance.
Extends until April 1, 2009, Establishes the moratoriumduration of such assistance (in most cases 36 months) and assistance amounts, such amounts prorated based on any actionthe 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 HealthVeterans 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 Human Services(3) licensure and certification tests. Makes individuals entitled to restrict Medicaid paymentsassistance under this Act also eligible for graduate medical education (GME).supplemental educational assistance in the case of members with a critical skill or specialty or those performing additional service.
AmendsRequires the Medicare, Medicaid, and SCHIP Extension Act of 2007Secretary to extend until April 1, 2009,carry out a program, to be known as the moratorium on certain restrictions relatingYellow Ribbon G.I. Education Enhancement Program, under which colleges and universities may enter into an agreement with the Secretary to Medicaid coverage or paymentcover, for rehabilitation services or school-based administrationcertain individuals, a portion of established charges not otherwise covered under the post-9/11 assistance, and school-based transportation, including specified proposed regulations, ifmatch contributions toward such restrictions are more restrictive in any aspect than those appliedcosts. Directs the Secretary to such areas asmake publicly available on a Department of July 1, 2007.Veterans Affairs (VA) website a current list of the colleges and universities participating in the Program.
EstablishesProvides additional moratoria until April 1, 2009, on specified regulatory actions concerning Medicaid: (1) treatmentassistance for individuals relocating or traveling significant distances for a program of optional case management services; (2) outpatient hospital services; and (3) allowable provider taxes.education under this title.
Makes appropriationsAuthorizes the transfer to the Secretary for FY2009, and authorizes appropriations for FY2010 and subsequent fiscal years, for the purposefamily members of reducing fraud and abuse in the Medicaid program. Requires annual reportsup to specified congressional committees on activities funded by such appropriations.36 months of unused post-9/11 educational assistance.
DirectsRequires 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 reportprovide to Congressmembers of the Armed Forces all necessary information on the Medicaid regulations referrededucational 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 this Act and how they were designedthe post-9/11 educational assistance program with respect to address specific problems.any unused entitlement.
Directs(Sec. 5004) Increases the Secretary to contract with an independent organization to produce a comprehensive reportamounts of basic educational assistance under the Montgomery GI Bill for Congressthe period beginning on the prevalence of such problems: (1) identifying which claims for itemsAugust 1, 2008, and services under Medicaid are not processed through automated data systems; (2) examiningending on September 30, 2009. Revises the reasons why they are not so processed; and (3) recommending federal and state actions that can make claimsformula for determining cost-of-living adjustments to such items and services more accurate and completely consistent with Medicaid requirements.assistance.
Amends SSA title XIX to require each state to implement an asset verification program for purposes of determining or redetermining(Sec. 5005) Sets $19 million as the eligibility of an individualmaximum amount per fiscal year for state Medicaid assistance.reimbursement to states and local agencies administering veterans' education benefits.
Requires withholding(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 federal matching payments from states failing to implement such program. service in the
AmendsTMA, Abstinence Education,Armed Forces, and QI Programs Extension Actagrees to at least four more years of 2007such service to repeal the requirementtransfer to extendfamily members up to 36 months of such assistance. Allows the Medicaid program the web-based asset demonstration project under SS title XVI (Supplemental Security Income) (SSI). member to
Amends SSA title XVIIImake 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).modify or revoke such transfer at any time.
<b>Title VI: Accountability and Transparency in Government Contracting - Chapter 1: Close the Contractor Fraud Loophole</b> - 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$5 million and of more than 120 days' duration.
<b>Chapter 2: Government Funding Transparency</b> - 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) RequiresRequires 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.
<b>Title VII: Medicaid Provisions - </b>(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).
<b>Title VII: GI Bill Financing Provision</b>VIII: General Provisions, This Act</b> - (Sec. 7001) Amends the Internal Revenue Code to impose a tax upon a taxpayer other than a corporation8001) Prohibits any part of 0.47% of the amount of modified adjusted gross income that exceeds $500,000 for an individual, or $1 millionappropriation contained in this Act from remaining available beyond the case of a joint return or a surviving spouse.current fiscal year unless expressly provided herein.
<b>Title VIII: General Provisions</b> - (Sec. 8001) Prohibits any part of an appropriation contained(Sec. 8002) Designates each amount in this Act from remaining available beyondas an emergency requirement and necessary to meet emergency needs pursuant to the concurrent resolutions on the current fiscal year unless expressly provided herein.budget for FY2008 and FY2009.
(Sec. 8002) Designates each8003) Reduces by $3,577,845,000 the total amount appropriated in Title IX of this Act as an emergency requirement and necessary to meet emergency needs pursuant to the concurrent resolution on the budget for FY2008.defense procurement, research, development, test and evaluation (RDT&E), and working capital funds.
<b>Title X [<i>sic</i>]: Policy Regarding Operations in Iraq </b>- (Sec. 10001) Expresses(Sec. 8005) Earmarks specified funds made available for the sense of Congress thatDefense Health Program under the performance of U.S. military personnel should be commended, their courageTroop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 for psychological health and sacrifice have been exceptional, and, when they return, their service should be appropriately recognized.traumatic brain injury.
(Sec. 10002) States as<b>Title IX: Defense Matters - Chapter 1: Defense Supplemental Appropriations for Fiscal Year 2008 </b>- Makes supplemental appropriations for the policyDepartment of DOD that units should not be deployedDefense (DOD) for combat unless they are rated "fully mission capable." Prohibits any funds from being used to deploy any unit ofFY2008 for: (1) military personnel; (2) operation and maintenance (O&M); (3) the Iraq Freedom Fund; (4) the ArmedAfghanistan Security Forces toFund; (5) the Iraq unlessSecurity Forces Fund; (6) procurement; (7) National Guard and reserve equipment; (8) RDT&E; (9) Defense Working Capital Funds; (10) the President has certified toNational Defense Sealift Fund; (11) the congressional appropriationsDefense Health Program; (12) drug interdiction and defense committees that such unit is fully mission capable in advancecounter-drug activities; and (13) the Office 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.Inspector General.
(Sec. 10003) States as9103) Authorizes the policySecretary of DOD that Army, Army Reserve, and National Guard units should not be deployedDefense (Secretary, 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 deploymentpurposes of any such unit for Operation Iraqi Freedom beyond such limitations. Authorizesthis title), in the Presidentnational interest, to waive any such limitation on a unit-by-unit basis upon certificationtransfer between appropriations up to $2.5 billion of the appropriations and defense committees that such extension is required for national security reasons.funds made available to DOD in this Act. Requires congressional notification of each transfer.
(Sec. 10004) States as the policy of9104) Earmarks specified DOD that an Army, Army Reserve, or National Guard unit should not be redeployed for combat ifO&M funds to fund the unit has been deployed withinCommander's Emergency Response Program (urgent humanitarian relief and reconstruction in Iraq, Afghanistan, and the previous 365 days, and thatPhilippines). Requires a Marine Corps or Marine Corps Reserve unit should not be redeployed ifquarterly report from the unit has been deployed within the previous 210 days. Prohibits any funds from being usedSecretary 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 limitationcongressional defense committees on a unit-by-unit basis upon certification to the appropriationssource and defense committees thatuse of such extension is required for national security reasons.funds.
(Sec. 10005) Prohibits any individual under9106) Earmarks specified drug interdiction and counter-drug activities funds for the custody or controlsupport of an elementcounter-drug activities of Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, and Turkmenistan, as specified in 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.National Defense Authorization Act (NDAA) for Fiscal Year 1998.
(Sec. 10006) Prohibits any funds from being9107) Allows amounts provided in this Chapter for operations in Iraq and Afghanistan to be used to detain any individual underfor the custody or controlpurchase of an IC element unlessup to 20 heavy and light armored vehicles for force protection purposes. Requires the International Committee ofSecretary to notify the Red Cross is provided notificationdefense committees of any such detention and timely access to such person.purchases.
(Sec. 10007) Prohibits any9109) Earmarks specified funds from being obligatedto conduct or expended to: (1) establish anysupport a program to build the capacity of a foreign country's national military installationforces to conduct counterterrorist operations or base for the permanent stationing ofsupport military and stability operations in which U.S. Armed Forces in Iraq; or (2) exercise U.S. control over any oil resource of Iraq.are a participant.
(Sec. 10008) Prohibits any<b>Chapter 2: Defense Bridge Fund Appropriations for Fiscal Year 2009 </b>- Appropriates 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:DOD for FY2009 for: (1) inmilitary personnel; (2) O&M; (3) the form of a treaty requiringAfghanistan Security Forces Fund; (4) the advice and consent ofIraq Security Forces Fund; (5) procurement; (6) RDT&E; (7) the Senate; or (2) specifically authorized by a law enacted afterDefense Health Program; (8) drug interdiction and counter-drug activities; and (9) the enactment of this Act.Joint Improvised Explosive Device Defeat Fund.
(Sec. 10009) Prohibits any funds from being used to negotiate, enter into, or implement any agreement with9203) Authorizes the government of Iraq that would subject members ofSecretary, in the U.S. Armed Forcesnational interest, to transfer between appropriations up to $4 billion of the jurisdictionfunds made available to DOD in this Act. Requires congressional notification of Iraq criminal courts or punishment under Iraq law.each transfer.
(Sec. 10010) States that funds made available for assistance for Iraq shall be available only to9204) Directs the extent that the government of Iraq matches such assistance on a dollar-for-dollar basis. Provides exceptions. Requires the Secretaries of State and DefenseSecretary to certify such matching expendituresreport quarterly to the appropriations committees. RequiresCongress from December 5, 2008, through FY2009, 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,comprehensive set of performance indicators and elsewhere,measures for progress toward military and the amount Iraq plans to provide for such purposepolitical stability in FY2008; and (2) Defense to Congress on the most recent annual budget for the government of Iraq.
(Sec. 10011) Prohibits9205) Requires a report from the obligation or expenditureSecretary to the defense committees on individual transition readiness assessments by unit of DOD operationIraq and maintenance funds forAfghan security forces. Requires quarterly updates through the Officeend of the SecretaryFY2009. Requires the: (1) Director of Defense or Washington Headquarters Services until the President: (1) completes an agreement with Iraq under which its government agreesOffice of Management and Budget (OMB) to subsidize fuel provided to U.S. Armed Forces operating in Iraq so that its price is equalreport to such committees (with quarterly updates) on the proposed use of all funds within the discounted price at which Iraq provides fuel for domestic Iraqi consumption;Security Forces Fund and (2) reports the termsAfghanistan Security Forces Fund on a project-by-project basis; and details(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 agreement to the appropriations committees.Fund.
(Sec. 10012) Permits9206) Authorizes the use of O&M funds fromunder this ActChapter for providing supplies, services, transportation, and other logistical support to be used to plancoalition forces supporting military and execute a safestability operations in Iraq and orderly redeployment of U.S. Armed Forces from Iraq.Afghanistan. Directs the President, within 30 days after enactment of this Act,Secretary to report quarterly to commence such a redeployment, with the goal of redeployment completion within 18 months. Requiresdefense committees on 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.support provided.
States that, after such redeployment, U.S. Armed Forces may be deployed(Sec. 9207) Appropriates funds 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.the Mine Resistant Ambush Protected Vehicle Fund.
Requires the Secretary of: (1) Defense to report<b>Chapter 3: General Provision - This Title </b>- (Sec. 9301) Designates each amount appropriated in this title as an emergency requirement pursuant to provisions of the defense committeesconcurrent resolution 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 assistancebudget for Iraq.fiscal year 2008.
<b>Title XI: Reforms Related to War Profiteering and Contractors - Chapter 1: Adjustment(Sec. 9303) Prohibits the use of Wartime Statutefunds under this Act in contravention of Limitations </b>- (Sec. 11101) Amends thespecified federal criminal codelaws or regulations promulgated to revise provisions that suspend the statute of limitations for wartime frauds againstimplement 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;Nations Convention Against Torture 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.Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984).
<b>Chapter 2: War Profiteering(Sec. 9304) Directs the Secretaries of Defense, State, and Fraud </b>- (Sec. 11201) Amends the federal criminal codeHomeland Security to prohibit profiteering and fraud involving a contract or the provision of goods or services in connection with a mission ofjointly submit to Congress the U.S. Government overseas. Imposes: (1) a fine of not more than $1 million and/or a prison term of upglobal strategy 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. combat and defeat al Qaeda and its affiliates.
Grants extraterritorial federal jurisdiction over war profiteering and fraud offenses. Permits venue for the prosecution of such offenses(Sec. 9305) Prohibits funds provided in any district where any actthis title from being used to finance programs or activities denied by Congress in furtherance of an offense took placeFY2007 or where any partyFY2008 appropriations to DOD or to initiate a contractprocurement or provider of goods or services is located. RDT&E new start program without prior notification to the defense committees.
Allows criminal forfeiture of property obtained from a war profiteering or fraud offense. Makes war profiteering and fraud a predicate offense(Sec. 9306) Amends the NDAA for money laundering and racketeering offenses.Fiscal Year 2008 to increase the amount allocated for the Military Budget for the common-funded budgets of NATO.
<b>Chapter 3: Military Extraterritorial Jurisdiction </b>- MEJA Expansion and Enforcement Act(Sec. 9307) Prohibits the use of 2008 - (Sec. 11302) Provides that persons who, while employed byfunds under this title to provide award fees to any federal department or agency other thandefense contractor contrary to provisions of the Armed Forces in a foreign country whereNDAA for Fiscal Year 2007 concerning 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 declarationlinking of war, a contingency operation, or any other military operation outside the United States.award and incentive fees to acquisition outcomes.
Requires the Inspector General of the Department of Justice to report to Congress on: (1)(Sec. 9308) Rescinds specified funds made available under prior defense and consolidated appropriations Acts for the status of investigations of alleged violations committed by contract personnel;Defense Health Program and (2) any shootings or escalation of force incidents in Iraq or Afghanistan involving security officers or contractors employed by the federal government.Joint Improvised Explosive Device Defeat Fund.
(Sec. 11303) Requires9309) Earmarks specified funds from 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 toIraq Freedom Fund under the AGU.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 for further action. Requires an annual report from the AG to Congress onJoint Rapid Acquisition Cell and the number of: (1) investigations referred for prosecution; and (2) Units deployed for investigations.transportation of fallen servicemembers.
(Sec. 11304) Authorizes9310) Prohibits any DOD funds other than those deposited in the AGDepartment of Defense Base Closure Account 2005 from being obligated or expended to prescribe regulations governingimplement any final action on joint basing initiatives under the investigation, apprehension, detention, delivery, and removal2005 round of non-DOD employeesdefense base closures and contractors for criminal violations.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. 11307) Requires the provisions9311) Allows DOD O&M funds to be used to purchase items having an investment unit cost of this Chapterno more than $250,000, but allows such funds to take effect immediatelybe used to purchase items having an investment unit cost of up to $500,000 upon a determination by the enactmentSecretary that such purchase is necessary to meet the operational requirements of a commander of this Act.a combatant command engaged in contingency operations overseas.
</summary>
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== Status of the Legislation ==
<status>
Latest Major Action: 6/19/2008: Resolving differences -- House actions. Status: On motion to agree to Senate amendment to House amendment No. 2 to Senate amendment with amendment Agreed to6/30/2008: Signed by the Yeas and Nays: 416 - 12 (Roll no. 432).President.
</status>
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== Points in Favor ==
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== Points Against ==
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Visitor Comments
Darrell Parke
June 8, 2008, 4:14pm (report abuse)I work with physicians and physician owned hospitals. Why is this issue in this bill?
Les
June 19, 2008, 4:33pm (report abuse)Because opponents of physician owned hospitals try to put bans like this on anything they can. Similar bans were placed on the SCHIP bill, a farm bill, and a few others in the recent past.
Paul
June 19, 2008, 6:58pm (report abuse)Because the minority party blocks all programs to actually help the poor. And the pennies per thousand of this amendment attributable to medicaid should embarrass those who tried to cut it.
Jen
June 20, 2008, 9:34am (report abuse)I think this is where they slipped in the "Merida Initiative" which proposes billions of dollars for the fake drug war and giving lethal aid to mexican forces implicated in murders and massacres.
Jack Lohman
June 23, 2008, 10:14am (report abuse)C'mon guys. Physician owned hospitals are at best a conflict of interest, and in the good old days were banned by Medicare because of it. Physicians who have ownership in hospitals order more expensive tests than physicians that don't, and they ship off unprofitable patients to other hospitals.
See http://tinyurl.com/2hzj65
Sharon
June 23, 2008, 10:30am (report abuse)Wheres the positive comments for the veterans here?
Time to get rid of the Republicans in November!
dem in tx
June 23, 2008, 3:17pm (report abuse)This looks like to me the government ran out of money, doesn't know how to operate on a budget and is now asking for more money. If it's for things for the US citizens - like Iowans, fine. but for more terrorist fighting money - NFW!!!
This is like any one of us asking out bosses for more salary money because we can't manage our own budgets. We'd probably get fired and that's EXACTLY what needs to happen with this bill! They lump in too many things that are not related just and demand passing the whole thing.
bj4dixie
June 30, 2008, 3:06pm (report abuse)They probably need more money so that can arrange another false flag event, making Iran look like the terrorists that actually our administration is, then start a war that will envelop the entire mid-east and bring America to its knees financially. And they do it all with our money. Doesn't that make you feel soooo good?
Disgusted Doug
July 11, 2008, 5:43pm (report abuse)Well I have just been turned down for the EDD extension by CA sighting Supplemental Appropriations Act requirement that I made 40x more $ than my weekly benefit amount = more than double my old income! This is a upper middle class program! Figures!
julie
July 16, 2008, 11:05am (report abuse)Title IV has several mistakes. It does not reflect the actual law but rather the bill before the conference agreement.