To prohibit the use of funds to administer Social Security benefit payments under a totalization agreement with Mexico.

TEXT OF AMENDMENTS

SA 3324. Mr. SESSIONS (for himself, Mr. Inhofe, Mr. Vitter, Mr.
DeMint, Mr. Martinez, Mr. Isakson, Mrs. Dole, Mr. Cornyn, Mr. Graham,
Mr. Alexander, Mr. Roberts, Mr. Enzi, Mr. Coburn, and Mrs. Hutchison)
submitted an amendment intended to be proposed by him to the bill H.R.
3043, making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies for the fiscal year
ending September 30, 2008, and for other purposes; which was ordered to
lie on the table; as follows:

On page 14, line 24, strike ``$436,397,000'' and insert
``$441,397,000, of which $50,737,000 is for the Office of
Labor Management Standards,''.
On page 26, line 6, strike ``$313,400,000, of which
$82,516,000'' and insert ``$308,400,000, of which
$77,516,000''.
______

SA 3325. Mr. HARKIN (for himself and Mr. Specter) proposed an
amendment to the bill H.R. 3043, making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2008, and for
other purposes; as follows:

That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies for the fiscal year ending
September 30, 2008, and for other purposes, namely:

TITLE I

DEPARTMENT OF LABOR

Employment and Training Administration

Training and Employment Services

(including rescission)

For necessary expenses of the Workforce Investment Act of
1998 (WIA), the Denali Commission Act of 1998, and the Women
in Apprenticeship and Non-Traditional Occupations Act of
1992, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real
property for training centers as authorized by the WIA;
$3,587,138,000, plus reimbursements, is available. Of the
amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,994,510,000 as
follows:
(A) $864,199,000 for adult employment and training
activities, of which $152,199,000 shall be available for the
period July 1, 2008 to June 30, 2009, and of which
$712,000,000 shall be available for the period October 1,
2008 through June 30, 2009;
(B) $940,500,000 for youth activities, which shall be
available for the period April 1, 2008 through June 30, 2009;
and
(C) $1,189,811,000 for dislocated worker employment and
training activities, of which $341,811,000 shall be available
for the period July 1, 2008 through June 30, 2009, and of
which $848,000,000 shall be available for the period October
1, 2008 through June 30, 2009:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds
may be transferred by a local board if approved by the
Governor:
(2) for federally administered programs, $481,540,000 as
follows:
(A) $282,092,000 for the dislocated workers assistance
national reserve, of which $3,700,000 shall be available on
October 1, 2007, of which $66,392,000 shall be available for
the period July 1, 2008 through June 30, 2009, and of which
$212,000,000 shall be available for the period October 1,
2008 through June 30, 2009: Provided, That up to $125,000,000
may be made available for Community-Based Job Training Grants
from funds reserved under section 132(a)(2)(A) of the WIA and
shall be used to carry out such grants under section 171(d)
of such Act, except that the 10 percent limitation otherwise
applicable to

[[Page S13006]]

the amount of funds that may be used to carry out section
171(d) shall not be applicable to funds used for Community-
Based Job Training grants: Provided further, That funds
provided to carry out section 132(a)(2)(A) of the WIA may be
used to provide assistance to a State for State-wide or local
use in order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the
State workforce development plan with emerging economic
development needs; and train such eligible dislocated
workers: Provided further, That funds provided to carry out
section 171(d) of the WIA may be used for demonstration
projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
$1,500,000 shall be for a non-competitive grant to the AFL-
CIO Working for America Institute, which shall be awarded not
later than 30 days after the date of enactment of this Act:
Provided further, That $2,200,000 shall be for a non-
competitive grant to the AFL-CIO Appalachian Council,
Incorporated, for Job Corps career transition services, which
shall be awarded not later than 30 days after the date of
enactment of this Act;
(B) $53,696,000 for Native American programs, which shall
be available for the period July 1, 2008 through June 30,
2009;
(C) $79,752,000 for migrant and seasonal farmworkers,
including $74,302,000 for formula grants, $4,950,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $500,000 for
other discretionary purposes, which shall be available for
the period July 1, 2008 through June 30, 2009: Provided,
That, notwithstanding any other provision of law or related
regulation, the Department shall take no action limiting the
number or proportion of eligible participants receiving
related assistance services or discouraging grantees from
providing such services;
(D) $1,000,000 for carrying out the Women in Apprenticeship
and Nontraditional Occupations Act, which shall be available
for the period July 1, 2008 through June 30, 2009; and
(E) $65,000,000 for YouthBuild activities as described in
section 173A of the WIA, which shall be available for the
period April 1, 2008 through June 30, 2009;
(3) for national activities, $111,088,000, which shall be
available for the period July 1, 2008 through July 30, 2009
as follows:
(A) $30,650,000 for Pilots, Demonstrations, and Research,
of which $27,650,000 shall be available for noncompetitive
grants, with the terms, conditions and amounts specified in
the committee report of the Senate accompanying this Act:
Provided, That funding provided to carry out projects under
section 171 of the WIA that are identified in the committee
report accompanying this Act, shall not be subject to the
requirements of section 171(b)(2)(B) and 171(c)(4)(D) of the
WIA, the joint funding requirements of sections 171(b)(2)(A)
and 171(c)(4)(A) of the WIA, or any time limit requirements
of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
(B) $13,642,000 for ex-offender activities, under the
authority of section 171 of the Act, notwithstanding the
requirements of sections 171(b)(2)(B) or 171(c)(4)(D);
(C) $4,921,000 for Evaluation under section 172 of the WIA;
and
(D) $6,875,000 for the Denali Commission, which shall be
available for the period July 1, 2008 through June 30, 2009.
Of the amounts made available under this heading in Public
Law 107-116 to carry out the activities of the National
Skills Standards Board, $44,063 are hereby rescinded.

Community Service Employment for Older Americans

To carry out title V of the Older Americans Act of 1965, as
amended, $483,611,000, which shall be available for the
period July 1, 2008 through June 30, 2009.

Federal Unemployment Benefits and Allowances

For payments during fiscal year 2008 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter II of the Trade Act of 1974 and section 246 of
that Act; and for training, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2, title II of the Trade
Act of 1974 (including the benefits and services described
under sections 123(c)(2) and 151(b) and (c) of the Trade
Adjustment Assistance Reform Act of 2002, Public Law 107-
210), $888,700,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for
payments for any period subsequent to September 15, 2008.

State Unemployment Insurance and Employment Service Operations

For authorized administrative expenses, $98,409,000,
together with not to exceed $3,248,223,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,510,723,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including $10,000,000 to conduct in-person reemployment and
eligibility assessments in one-stop career centers of
claimants of unemployment insurance), the administration of
unemployment insurance for Federal employees and for ex-
service members as authorized under sections 8501-8523 of
title 5, United States Code, and the administration of trade
readjustment allowances and alternative trade adjustment
assistance under the Trade Act of 1974, and shall be
available for obligation by the States through December 31,
2008, except that funds used for automation acquisitions
shall be available for obligation by the States through
September 30, 2010, and funds used for unemployment insurance
workloads experienced by the States through September 30,
2008 shall be available for Federal obligation through
December 31, 2008;
(2) $10,500,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $693,000,000 from the Trust Fund, together with
$22,883,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2008 through June 30, 2009;
(4) $34,000,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, the
administration of activities, including foreign labor
certifications, under the Immigration and Nationality Act,
and the provision of technical assistance and staff training
under the Wagner-Peyser Act, including not to exceed
$1,228,000 that may be used for amortization payments to
States which had independent retirement plans in their State
employment service agencies prior to 1980;
(5) $55,985,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2008
through June 30, 2009; and
(6) $19,541,000 is to provide for work incentive grants to
the States and shall be available for the period July 1, 2008
through June 30, 2009:

Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 2008 is projected by the
Department of Labor to exceed 2,786,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That funds appropriated in this Act
which are used to establish a national one-stop career center
system, or which are used to support the national activities
of the Federal-State unemployment insurance or immigration
programs, may be obligated in contracts, grants, or
agreements with non-State entities: Provided further, That
funds appropriated under this Act for activities authorized
under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles
prescribed under the Office of Management and Budget Circular
A-87.
In addition, $40,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall
be available to conduct in-person reemployment and
eligibility assessments in one-stop career centers of
claimants of unemployment insurance: Provided, That not later
than 180 days following the end of the current fiscal year,
the Secretary shall submit an interim report to the Congress
that includes available information on expenditures, number
of individuals assessed, and outcomes from the assessments:
Provided further, That not later than 18 months following the
end of the fiscal year, the Secretary of Labor shall submit
to the Congress a final report containing comprehensive
information on the estimated savings that result from the
assessments of claimants and identification of best
practices.

Advances to the Unemployment Trust Fund and Other Funds

For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, as amended, and to the Black Lung Disability Trust Fund
as authorized by section 9501(c)(1) of the Internal Revenue
Code of 1954, as amended; and for nonrepayable advances to
the Unemployment Trust Fund as authorized by section 8509 of
title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain
available until September 30, 2009, $437,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 2008, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums
as may be necessary.

Program Administration

For expenses of administering employment and training
programs, $91,133,000, together with not to exceed
$94,372,000, which may be

[[Page S13007]]

expended from the Employment Security Administration Account
in the Unemployment Trust Fund.

Employee Benefits Security Administration

Salaries and Expenses

For necessary expenses for the Employee Benefits Security
Administration, $143,262,000.

Pension Benefit Guaranty Corporation

Pension Benefit Guaranty Corporation Fund

The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by section 104 of Public Law 96-364, within limits
of funds and borrowing authority available to such
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government
Corporation Control Act, as amended (31 U.S.C. 9104), as may
be necessary in carrying out the program, including
associated administrative expenses, through September 30,
2008, for such Corporation: Provided, That none of the funds
available to the Corporation for fiscal year 2008 shall be
available for obligations for administrative expenses in
excess of $411,151,000: Provided further, That obligations in
excess of such amount may be incurred after approval by the
Office of Management and Budget and the Committees on
Appropriations of the House and Senate: Provided further,
That to the extent that the number of new plan participants
in plans terminated by the Corporation exceeds 100,000 in
fiscal year 2008, an amount not to exceed an additional
$9,200,000 shall be available for obligation for
administrative expenses for every 20,000 additional
terminated participants: Provided further, That an additional
$50,000 shall be made available for obligation for investment
management fees for every $25,000,000 in assets received by
the Corporation as a result of new plan terminations, after
approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House
of Representatives and the Senate.

Employment Standards Administration

Salaries and Expenses

(including rescission)

For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection
services rendered, $436,397,000, together with $2,111,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act: Provided, That the
Secretary of Labor is authorized to establish and, in
accordance with 31 U.S.C. 3302, collect and deposit in the
Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214)
and for processing applications and issuing registrations
under title I of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.).
Of the unobligated funds collected pursuant to section
286(v) of the Immigration and Nationality Act, $70,000,000
are hereby rescinded.

Special Benefits

(including transfer of funds)

For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by title 5, chapter 81 of
the United States Code; continuation of benefits as provided
for under the heading ``Civilian War Benefits'' in the
Federal Security Agency Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation Act, 1944;
sections 4(c) and 5(f) of the War Claims Act of 1948 (50
U.S.C. App. 2012); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, as amended,
$203,000,000, together with such amounts as may be necessary
to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That
amounts appropriated may be used under section 8104 of title
5, United States Code, by the Secretary of Labor to reimburse
an employer, who is not the employer at the time of injury,
for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2007, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5,
United States Code, to pay an amount for its fair share of
the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees of
such fair share entities through September 30, 2008: Provided
further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of
the Federal Employees' Compensation Act, $52,280,000 shall be
made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems,
$21,855,000.
(2) For automated workload processing operations, including
document imaging, centralized mail intake and medical bill
processing, $16,109,000.
(3) For periodic roll management and medical review,
$14,316,000.
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:

Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under chapter 81 of title 5, United States Code, or 33 U.S.C.
901 et seq., provide as part of such notice and claim, such
identifying information (including Social Security account
number) as such regulations may prescribe.

Special Benefits for Disabled Coal Miners

For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275 (the
``Act''), $208,221,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2009, $62,000,000, to remain available
until expended.

Administrative Expenses, Energy Employees Occupational Illness
Compensation Fund

(including transfer of funds)

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $104,745,000,
to remain available until expended: Provided, That the
Secretary of Labor is authorized to transfer to any executive
agency with authority under the Energy Employees Occupational
Illness Compensation Program Act, including within the
Department of Labor, such sums as may be necessary in fiscal
year 2008 to carry out those authorities: Provided further,
That the Secretary may require that any person filing a claim
for benefits under the Act provide as part of such claim,
such identifying information (including Social Security
account number) as may be prescribed: Provided further, That
not later than 30 days after enactment, in addition to other
sums transferred by the Secretary of Labor to the National
Institute for Occupational Safety and Health (``NIOSH'') for
the administration of the Energy Employees Occupational
Illness Compensation Program (``EEOICP''), the Secretary of
Labor shall transfer $4,500,000 to NIOSH from the funds
appropriated to the Energy Employees Occupational Illness
Compensation Fund (42 U.S.C. 7384e), for use by or in support
of the Advisory Board on Radiation and Worker Health (``the
Board'') to carry out its statutory responsibilities under
the EEOICP (42 U.S.C. 7384n-q), including obtaining audits,
technical assistance and other support from the Board's audit
contractor with regard to radiation dose estimation and
reconstruction efforts, site profiles, procedures, and review
of Special Exposure Cohort petitions and evaluation reports.

Black Lung Disability Trust Fund

(including transfer of funds)

In fiscal year 2008 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to
remain available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended; and interest on
advances, as authorized by section 9501(c)(2) of that Act. In
addition, the following amounts shall be available from the
Fund for fiscal year 2008 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $32,761,000
for transfer to the Employment Standards Administration
``Salaries and Expenses''; not to exceed $24,785,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $335,000 for transfer to
Departmental Management ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.

Occupational Safety and Health Administration

Salaries and Expenses

For necessary expenses for the Occupational Safety and
Health Administration, $498,445,000, including not to exceed
$91,093,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 2008,
to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory

[[Page S13008]]

recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further,
That none of the funds appropriated under this paragraph
shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or
order under the Act which is applicable to any person who is
engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees:
Provided further, That no funds appropriated under this
paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the
Act with respect to any employer of 10 or fewer employees who
is included within a category having a Days Away, Restricted,
or Transferred (DART) occupational injury and illness rate,
at the most precise industrial classification code for which
such data are published, less than the national average rate
as such rates are most recently published by the Secretary,
acting through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act:

Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs 10 or
fewer employees: Provided further, That $10,116,000 shall be
available for Susan Harwood training grants, of which
$3,200,000 shall be used for the Institutional Competency
Building training grants which commenced in September 2000,
for program activities for the period of October 1, 2007, to
September 30, 2008, provided that a grantee has demonstrated
satisfactory performance: Provided further, That such grants
shall be awarded not later than 30 days after the date of
enactment of this Act.

Mine Safety and Health Administration

Salaries and Expenses

For necessary expenses for the Mine Safety and Health
Administration, $330,028,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities, $2,200,000 for an award to the United Mine
Workers Association, for classroom and simulated rescue
training for mine rescue teams, and $1,350,000 for an award
to the Wheeling Jesuit University, for the National
Technology Transfer Center for a coal slurry impoundment
project; in addition, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room,
board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine
safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and
may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to
prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations; the Secretary is authorized to recognize the
Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law,
may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in
the national organization; and any funds available to the
department may be used, with the approval of the Secretary,
to provide for the costs of mine rescue and survival
operations in the event of a major disaster.

Bureau of Labor Statistics

Salaries and Expenses

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$482,000,000, together with not to exceed $78,000,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $5,000,000
may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2):
Provided, That the Current Employment Survey shall maintain
the content of the survey issued prior to June 2005 with
respect to the collection of data for the women worker
series.

Office of Disability Employment Policy

salaries and expenses

For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $27,712,000.

Departmental Management

Salaries and Expenses

For necessary expenses for Departmental Management,
including the hire of three sedans, and including the
management or operation, through contracts, grants or other
arrangements of Departmental activities conducted by or
through the Bureau of International Labor Affairs, including
bilateral and multilateral technical assistance and other
international labor activities, $313,400,000, of which
$82,516,000 is for the Bureau of International Labor Affairs,
and of which $22,000,000 is for the acquisition of
Departmental information technology, architecture,
infrastructure, equipment, software and related needs, which
will be allocated by the Department's Chief Information
Officer in accordance with the Department's capital
investment management process to assure a sound investment
strategy; together with not to exceed $318,000, which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund.

Office of Job Corps

To carry out subtitle C of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2881 et. seq.), including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
Workforce Investment Act; $1,659,872,000, plus
reimbursements, as follows:
(1) $1,516,000,000 for Job Corps Operations, of which
$925,000,000 is available for obligation for the period July
1, 2008 through June 30, 2009 and of which $591,000,000 is
available for obligation for the period October 1, 2008
through June 30, 2009;
(2) $115,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $15,000,000 is
available for the period July 1, 2008 through June 30, 2009
and $100,000,000 is available for the period October 1, 2008
through June 30, 2011; and
(3) $28,872,000 for necessary expenses of the Office of Job
Corps is available for obligation for the period October 1,
2007 through September 30, 2008:

Provided, That the Office of Job Corps shall have contracting
authority: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or
for Job Corps centers: Provided further, That none of the
funds made available in this Act shall be used to reduce Job
Corps total student training slots below 44,791 in program
year 2008.

Veterans Employment and Training

Not to exceed $197,143,000 may be derived from the
Employment Security Administration Account in the
Unemployment Trust Fund to carry out the provisions of 38
U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Public Law
103-353, and which shall be available for obligation by the
States through December 31, 2008, of which $1,967,000 is for
the National Veterans' Employment and Training Services
Institute. To carry out the Homeless Veterans Reintegration
Programs (38 U.S.C. 2021) and the Veterans Workforce
Investment Programs (29 U.S.C. 2913), $31,055,000, of which
$7,435,000 shall be available for obligation for the period
July 1, 2008, through June 30, 2009.

Office of Inspector General

For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $73,929,000, together with
not to exceed $5,729,000, which may be expended from the
Employment Security Administration Account in the
Unemployment Trust Fund.

General Provisions

Sec. 101. None of the funds appropriated in this Act for
the Job Corps shall be used to pay the salary of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level I.

(transfer of funds)

Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for
the current fiscal year for the Department of Labor in this
Act may be transferred between a program, project, or
activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer:
Provided, That a program, project, or activity may be
increased by up to an additional 2 percent subject to
approval by the House and Senate Committees on
Appropriations: Provided further, That the transfer authority
granted by this section shall be available only to meet
emergency needs and shall not be used to create any new
program or to fund any project or activity for which no funds
are provided in this Act: Provided further, That the
Appropriations Committees of both Houses of Congress

[[Page S13009]]

are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be
constructed.
Sec. 105. The Secretary shall prepare and submit not later
than July 1, 2008, to the Committees on Appropriations of the
Senate and of the House an operating plan that outlines the
planned allocation by major project and activity of fiscal
year 2008 funds made available for section 171 of the
Workforce Investment Act.
Sec. 106. None of the funds available in this Act or
available to the Secretary of Labor from other sources for
Community College Initiative Grants, Community-Based Job
Training Grants, and grants authorized under section 414(c)
of the American Competitiveness and Workforce Improvement Act
of 1998 shall be obligated for a grant awarded on a non-
competitive basis.
Sec. 107. None of the funds made available in this or any
other Act shall be available to finalize or implement any
proposed regulation under the Workforce Investment Act of
1998, Wagner-Peyser Act of 1933, or the Trade Adjustment
Assistance Reform Act of 2002 until such time as legislation
reauthorizing the Workforce Investment Act of 1998 and the
Trade Adjustment Assistance Reform Act of 2002 is enacted.
Sec. 108. The Secretary of Labor shall take no action to
amend, through regulatory or administration action, the
definition established in 20 CFR 667.220 for functions and
activities under title I of the Workforce Investment Act of
1998, or to modify, through regulatory or administrative
action, the procedure for redesignation of local areas as
specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of
that Act, but notwithstanding the time limits specified in
section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the
preceding sentence shall permit or require the Secretary of
Labor to withdraw approval for such redesignation from a
State that received the approval not later than October 12,
2005, or to revise action taken or modify the redesignation
procedure being used by the Secretary in order to complete
such redesignation for a State that initiated the process of
such redesignation by submitting any request for such
redesignation not later than October 26, 2005.
Sec. 109. None of the funds available in this Act may be
used to carry out a public-private competition or direct
conversion under Office of Management and Budget Circular A-
76 or any successor administrative regulation, directive or
policy until 60 days after the Government Accountability
Office provides a report to the Committees on Appropriations
of the House of Representatives and the Senate on the use of
competitive sourcing at the Department of Labor.
Sec. 110. (a) Not later than June 20, 2008, the Secretary
of Labor shall revise regulations prescribed pursuant to
section 303(y) of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 863(y)) to require, in any coal mine,
regardless of the date on which it was opened, that belt
haulage entries not be used to ventilate active working
places without prior approval from the Assistant Secretary of
Labor.
(b) Not later than June 15, 2008, the Secretary of Labor
shall issue regulations, pursuant to the design criteria
recommended by the National Institute of Occupational Safety
and Health and section 13 of the MINER Act (Public Law 109-
236), requiring installation of rescue chambers in the
working areas of underground coal mines.
Sec. 111. None of the funds appropriated in this Act under
the heading ``Employment and Training Administration'' shall
be used by a recipient or subrecipient of such funds to pay
the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in OMB Circular A-
133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative
cost-of-living in the State, the compensation levels for
comparable State or local government employees, and the size
of the organizations that administer Federal programs
involved including Employment and Training Administration
programs.
This title may be cited as the ``Department of Labor
Appropriations Act, 2008''.

TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

Health Resources and Services

For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act, title
V and sections 1128E, and 711, and 1820 of the Social
Security Act, the Health Care Quality Improvement Act of
1986, as amended, the Native Hawaiian Health Care Act of
1988, as amended, the Cardiac Arrest Survival Act of 2000,
and section 712 of the American Jobs Creation Act of 2004,
$6,843,673,000, of which $191,235,000 shall be available for
construction and renovation (including equipment) of health
care and other facilities and other health-related activities
as specified in the committee report of the Senate
accompanying this Act, and of which $38,538,000 from general
revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program under
section 1820 of such Act: Provided, That of the funds made
available under this heading, $220,000 shall be available
until expended for facilities renovations at the Gillis W.
Long Hansen's Disease Center: Provided further, That
$40,000,000 of the funding provided for community health
centers shall be for base grant adjustments for existing
health centers: Provided further, That in addition to fees
authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full
disclosure of information under the Act sufficient to recover
the full costs of operating the National Practitioner Data
Bank, and shall remain available until expended to carry out
that Act: Provided further, That fees collected for the full
disclosure of information under the ``Health Care Fraud and
Abuse Data Collection Program'', authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient
to recover the full costs of operating the program, and shall
remain available until expended to carry out that Act:
Provided further, That no more than $40,000 is available
until expended for carrying out the provisions of 42 U.S.C.
233(o) including associated administrative expenses and
relevant evaluations: Provided further, That no more than
$44,055,000 is available until expended for carrying out the
provisions of Public Law 104-73 and for expenses incurred by
the Department of Health and Human Services pertaining to
administrative claims made under such law: Provided further,
That of the funds made available under this heading,
$300,000,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family
planning projects: Provided further, That amounts provided to
said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That $814,546,000 shall be
for State AIDS Drug Assistance Programs authorized by section
2616 of the Public Health Service Act: Provided further, That
in addition to amounts provided herein, $25,000,000 shall be
available from amounts available under section 241 of the
Public Health Service Act to carry out Parts A, B, C, and D
of title XXVI of the Public Health Service Act to fund
section 2691 Special Projects of National Significance:
Provided further, That, notwithstanding section 502(a)(1) and
502(b)(1) of the Social Security Act, not to exceed
$95,936,920 is available for carrying out special projects of
regional and national significance pursuant to section
501(a)(2) of such Act and $10,586,238 is available for
projects described in paragraphs (A) through (F) of section
501(a)(3) of such Act: Provided further, That of the funds
provided, $39,283,000 shall be provided to the Denali
Commission as a direct lump payment pursuant to Public Law
106-113: Provided further, That of the funds available under
this heading, $1,829,511,000 shall remain available to the
Secretary until September 30, 2010, for parts A and B of
title XXVI of the Public Health Service Act (42 U.S.C. 300ff-
11 et seq.; relating to Ryan White Emergency Relief Grants
and CARE Grants): Provided further, That of the funds
provided, $25,000,000 shall be provided for the Delta Health
Initiative as authorized in section 222 of this Act and
associated administrative expenses: Provided further, That
notwithstanding section 747(e)(2) of the PHS Act, and not
less than $5,000,000 shall be for general dentistry programs
and not less than $5,000,000 shall be for pediatric dentistry
programs and not less than $24,614,000 shall be for family
medicine programs: Provided further, That where prior year
funds were disbursed under this appropriation account as
Health Care and Other Facilities grants (and were used for
the purchase, construction, or major alteration of property;
or the purchase of equipment), the Federal interest in such
property or equipment shall last for a period of 5 years
following the completion of the project and terminate at that
time: Provided further, That if the property use changes (or
the property is transferred or sold) and the Government is
compensated for its proportionate interest in the property,
the Federal interest in such property shall be terminated:
Provided further, That for projects where 5 years has already
elapsed since completion, the Federal interest shall be
terminated immediately.

Health Education Assistance Loans Program Account

Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health
Service

[[Page S13010]]

Act, as amended. For administrative expenses to carry out the
guaranteed loan program, including section 709 of the Public
Health Service Act, $2,906,000.

Vaccine Injury Compensation Program Trust Fund

For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims
associated with vaccine-related injury or death with respect
to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the Public Health Service Act,
to remain available until expended: Provided, That for
necessary administrative expenses, not to exceed $3,528,000
shall be available from the Trust Fund to the Secretary of
Health and Human Services.

Centers for Disease Control and Prevention

Disease Control, Research, and Training

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act, sections 101, 102,
103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act of 1977, and the Mine Improvement and New
Emergency Response Act of 2006, sections 20, 21, and 22 of
the Occupational Safety and Health Act of 1970, title IV of
the Immigration and Nationality Act, section 501 of the
Refugee Education Assistance Act of 1980, and for expenses
necessary to support activities related to countering
potential biological, disease, nuclear, radiological, and
chemical threats to civilian populations; including purchase
and insurance of official motor vehicles in foreign
countries; and purchase, hire, maintenance, and operation of
aircraft, $6,157,169,000, of which $220,000,000 shall remain
available until expended for equipment, construction and
renovation of facilities; of which $581,335,000 shall remain
available until expended for the Strategic National
Stockpile; and of which $122,769,000 for international HIV/
AIDS shall remain available until September 30, 2009. In
addition, such sums as may be derived from authorized user
fees, which shall be credited to this account: Provided, That
in addition to amounts provided herein, the following amounts
shall be available from amounts available under section 241
of the Public Health Service Act: (1) $12,794,000 to carry
out the National Immunization Surveys; (2) $108,585,000 to
carry out the National Center for Health Statistics surveys;
(3) $24,751,000 to carry out information systems standards
development and architecture and applications-based research
used at local public health levels; (4) $463,000 for Health
Marketing evaluations; (5) $31,000,000 to carry out Public
Health Research; and (6) $92,071,000 to carry out research
activities within the National Occupational Research Agenda:
Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease
Control and Prevention may be used, in whole or in part, to
advocate or promote gun control: Provided further, That up to
$31,800,000 shall be made available until expended for
Individual Learning Accounts for full-time equivalent
employees of the Centers for Disease Control and Prevention:
Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502,
section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Congress is to
be notified promptly of any such transfer: Provided further,
That not to exceed $19,035,000 may be available for making
grants under section 1509 of the Public Health Service Act to
not less than 15 States, tribes, or tribal organizations:
Provided further, That notwithstanding any other provision of
law, a single contract or related contracts for development
and construction of facilities may be employed which
collectively include the full scope of the project: Provided
further, That the solicitation and contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18:
Provided further, That of the funds appropriated, $10,000 is
for official reception and representation expenses when
specifically approved by the Director of the Centers for
Disease Control and Prevention: Provided further, That
employees of the Centers for Disease Control and Prevention
or the Public Health Service, both civilian and Commissioned
Officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the Public
Health Service Act, or in overseas assignments, shall be
treated as non-Federal employees for reporting purposes only
and shall not be included within any personnel ceiling
applicable to the Agency, Service, or the Department of
Health and Human Services during the period of detail or
assignment: Provided further, That if States are eligible, up
to $30,000,000 shall be used to implement section 2625 of the
Public Health Service Act (42 U.S.C. 300ff-33; relating to
the Ryan White early diagnosis grant program): Provided
further, That $16,890,000 shall be available for the projects
and in the amounts specified in the committee report of the
Senate accompanying this Act.

National Institutes of Health

National Cancer Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,910,160,000, of
which up to $8,000,000 may be used for facilities repairs and
improvements at the NCI-Frederick Federally Funded Research
and Development Center in Frederick, Maryland.

National Heart, Lung, and Blood Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,992,197,000.

National Institute of Dental and Craniofacial Research

For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$398,602,000.

National Institute of Diabetes and Digestive and Kidney Diseases

For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,747,784,000.

National Institute of Neurological Disorders and Stroke

For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,573,268,000.

National Institute of Allergy and Infectious Diseases

(including transfer of funds)

For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,668,472,000: Provided, That $300,000,000 may be
made available to International Assistance Programs ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to
remain available until expended: Provided further, That such
sums obligated in fiscal years 2003 through 2007 for
extramural facilities construction projects are to remain
available until expended for disbursement, with prior
notification of such projects to the Committees on
Appropriations of the House of Representatives and the
Senate.

National Institute of General Medical Sciences

For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,978,601,000.

National Institute of Child Health and Human Development

For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,282,231,000.

National Eye Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $681,962,000.

National Institute of Environmental Health Sciences

For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental
health sciences, $656,176,000.

National Institute on Aging

For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,073,048,000.

National Institute of Arthritis and Musculoskeletal and Skin Diseases

For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $519,810,000.

National Institute on Deafness and Other Communication Disorders

For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $402,680,000.

National Institute of Nursing Research

For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$140,456,000.

National Institute on Alcohol Abuse and Alcoholism

For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $445,702,000.

National Institute on Drug Abuse

For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse,
$1,022,594,000.

National Institute of Mental Health

For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,436,001,000.

National Human Genome Research Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$497,031,000.

National Institute of Biomedical Imaging and Bioengineering

For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $304,319,000.

National Center for Research Resources

For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,177,997,000: Provided,
That none of these funds shall be used to pay recipients of
the general research support grants program any amount for
indirect expenses in connection with such grants.

National Center for Complementary and Alternative Medicine

For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $124,213,000.

[[Page S13011]]

National Center on Minority Health and Health Disparities

For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $203,895,000.

John E. Fogarty International Center

For carrying out the activities at the John E. Fogarty
International Center, $68,000,000.

National Library of Medicine

For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $327,817,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2008, the Library may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health:
Provided further, That in addition to amounts provided
herein, $8,200,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out National Information Center on Health Services Research
and Health Care Technology and related health services.

Office of the Director

(including transfer of funds)

For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $1,145,790,000, of
which up to $25,000,000 shall be used to carry out section
217 of this Act: Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That the National
Institutes of Health is authorized to collect third party
payments for the cost of clinical services that are incurred
in National Institutes of Health research facilities and that
such payments shall be credited to the National Institutes of
Health Management Fund: Provided further, That all funds
credited to the National Institutes of Health Management Fund
shall remain available for one fiscal year after the fiscal
year in which they are deposited: Provided further, That up
to $500,000 shall be available to carry out section 499 of
the Public Health Service Act: Provided further, That
$110,900,000 shall be available to carry out the National
Children's Study: Provided further, That $531,300,000 shall
be available for the Common Fund established under section
402A(c)(1) of the Public Health Service Act: Provided
further, That of the funds provided $10,000 shall be for
official reception and representation expenses when
specifically approved by the Director of NIH: Provided
further, That the Office of AIDS Research within the Office
of the Director, NIH may spend up to $4,000,000 to make
grants for construction or renovation of facilities as
provided for in section 2354(a)(5)(B) of the Public Health
Service Act.

Buildings and Facilities

For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $121,081,000, to remain available until
expended.

Substance Abuse and Mental Health Services Administration

substance abuse and mental health services

For carrying out titles V and XIX of the Public Health
Service Act (``PHS Act'') with respect to substance abuse and
mental health services, the Protection and Advocacy for
Individuals with Mental Illness Act, and section 301 of the
PHS Act with respect to program management, $3,278,135,000,
of which $10,335,000 shall be available for projects and in
the amounts specified in the committee report accompanying
this Act: Provided, That notwithstanding section 520A(f)(2)
of the PHS Act, no funds appropriated for carrying out
section 520A are available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts
provided herein, the following amounts shall be available
under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; (2) $21,413,000 to carry
out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1920(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart I of part B of title XIX; (3) $21,750,000 to carry
out national surveys on drug abuse; and (4) $4,300,000 to
evaluate substance abuse treatment programs.

Agency for Healthcare Research and Quality

Healthcare Research and Quality

For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, $329,564,000; and in addition, amounts received from
Freedom of Information Act fees, reimbursable and interagency
agreements, and the sale of data shall be credited to this
appropriation and shall remain available until expended:
Provided, That no amount shall be made available pursuant to
section 927(c) of the Public Health Service Act for fiscal
year 2008.

Centers for Medicare and Medicaid Services

Grants to States for Medicaid

For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $141,628,056,000, to
remain available until expended.
For making, after May 31, 2008, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 2008 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2009,
$67,292,669,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.

Payments to Health Care Trust Funds

For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under section 1844 and 1860D-16 of the Social
Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $188,828,000,000.
In addition, for making matching payments under section
1844, and benefit payments under section 1860D-16 of the
Social Security Act, not anticipated in budget estimates,
such sums as may be necessary.

Program Management

For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act, and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$3,248,088,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance
Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 302 of the Tax Relief and
Health Care Act of 2006; and such sums as may be collected
from authorized user fees and the sale of data, which shall
remain available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act
shall be credited to and available for carrying out the
purposes of this appropriation: Provided further, That
$49,869,000, to remain available until September 30, 2009, is
for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That
$253,775,000, to remain available until September 30, 2009,
is for CMS Medicare contracting reform activities: Provided
further, That funds appropriated under this heading are
available for the Healthy Start, Grow Smart program under
which the Centers for Medicare and Medicaid Services may,
directly or through grants, contracts, or cooperative
agreements, produce and distribute informational materials
including, but not limited to, pamphlets and brochures on
infant and toddler health care to expectant parents enrolled
in the Medicaid program and to parents and guardians enrolled
in such program with infants and children: Provided further,
That the Secretary of Health and Human Services is directed
to collect fees in fiscal year 2008 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social
Security Act and from eligible organizations with risk-
sharing contracts under section 1876 of that Act pursuant to
section 1876(k)(4)(D) of that Act: Provided further, That in
addition, the Secretary may charge a fee for conducting
revisit surveys on health care facilities cited for
deficiencies during initial certification, recertification,
or substantiated complaints surveys: Provided further, That
such fees, in an amount not to exceed $35,000,000, shall be
credited to this account as offsetting collections, to remain
available until expended for the purpose of conducting such
revisit surveys: Provided further, That amounts transferred
to this account from the Federal Health Insurance and Federal
Supplementary Medical Insurance Trust Funds for fiscal year
2008 shall be reduced by the amount credited to this account
under this paragraph: Provided further, That $1,625,000 shall
be available for the projects and in the amounts specified in
the committee report of the Senate accompanying this Act.

HEALTH CARE FRAUD ABUSE AND CONTROL ACCOUNT

In addition to amounts otherwise available for program
integrity and program management, $383,000,000, to be
available until expended, to be transferred from the Federal
Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the
Social Security Act, of which $288,480,000 is for the
Medicare Integrity Program at the Centers for Medicare and
Medicaid Services to conduct oversight of activities
authorized in title 18 of the Social Security Act, with
oversight activities including those activities

[[Page S13012]]

listed in 18 U.S.C. 1893(b); of which $36,690,000 is for the
Department of Health and Human Services Office of Inspector
General; of which $21,140,000 is for the Department of Health
and Human Services for program integrity activities in title
18, title 19 and title 21 of the Social Security Act; and of
which $36,690,000 is for the Department of Justice: Provided,
That the report required by 18 U.S.C. 1817(k)(5) for fiscal
year 2008 shall include measures of the operational
efficiency and impact on fraud, waste and abuse in the
Medicare and Medicaid programs for the funds provided by this
appropriation.

Administration for Children and Families

Payments to States for Child Support Enforcement and Family Support
Programs

For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$2,949,713,000, to remain available until expended; and for
such purposes for the first quarter of fiscal year 2009,
$1,000,000,000, to remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under
title IV-A of the Social Security Act before the effective
date of the program of Temporary Assistance for Needy
Families (TANF) with respect to such State, such sums as may
be necessary: Provided, That the sum of the amounts available
to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the
limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and
the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3
months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be
necessary.

low-income home energy assistance

For making payments under section 2604(a)-(d) of the Low
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)-
(d)), $1,980,000,000.
For making payments under section 2604(e) of the Low Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)),
$181,170,000, notwithstanding the designation requirement of
section 2602(e) of such Act.

Refugee and Entrant Assistance

For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and
placement of unaccompanied alien children authorized by title
IV of the Immigration and Nationality Act and section 501 of
the Refugee Education Assistance Act of 1980, for carrying
out section 462 of the Homeland Security Act of 2002, and for
carrying out the Torture Victims Relief Act of 1998,
$654,166,000, of which up to $9,823,000 shall be available to
carry out the Trafficking Victims Protection Act of 2000:
Provided, That funds appropriated under this heading pursuant
to section 414(a) of the Immigration and Nationality Act and
section 462 of the Homeland Security Act of 2002 for fiscal
year 2008 shall be available for the costs of assistance
provided and other activities to remain available through
September 30, 2010.

Payments to States for the Child Care and Development Block Grant

For carrying out the Child Care and Development Block Grant
Act of 1990, $2,062,081,000 shall be used to supplement, not
supplant State general revenue funds for child care
assistance for low-income families: Provided, That
$18,777,370 shall be available for child care resource and
referral and school-aged child care activities, of which
$982,080 shall be available to the Secretary for
discretionary activities to support comprehensive consumer
education or parental choice: Provided further, That, in
addition to the amounts required to be reserved by the States
under section 658G, $267,785,718 shall be reserved by the
States for activities authorized under section 658G, of which
$98,208,000 shall be for activities that improve the quality
of infant and toddler care: Provided further, That $9,821,000
shall be for use by the Secretary for child care research,
demonstration, and evaluation activities.

Social Services Block Grant

For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000.

Children and Families Services Programs

For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 310 and
316 of the Family Violence Prevention and Services Act, the
Native American Programs Act of 1974, title II of the Child
Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), sections 330F and 330G of the
Public Health Service Act, the Abandoned Infants Assistance
Act of 1988, sections 261 and 291 of the Help America Vote
Act of 2002, part B(1) of title IV and sections 413, 1110,
and 1115 of the Social Security Act; for making payments
under the Community Services Block Grant Act, sections
439(i), 473B, and 477(i) of the Social Security Act, and the
Assets for Independence Act, and for necessary administrative
expenses to carry out such Acts and titles I, IV, V, X, XI,
XIV, XVI, and XX of the Social Security Act, the Act of July
5, 1960 (24 U.S.C. ch. 9), the Low Income Home Energy
Assistance Act of 1981, title IV of the Immigration and
Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, and section 505 of the Family Support
Act of 1988, $9,213,332,000, of which $9,500,000, to remain
available until September 30, 2009, shall be for grants to
States for adoption incentive payments, as authorized by
section 473A of the Social Security Act and may be made for
adoptions completed before September 30, 2008: Provided, That
$7,088,571,000 shall be for making payments under the Head
Start Act, of which $1,388,800,000 shall become available
October 1, 2008, and remain available through September 30,
2009: Provided further, That $735,281,000 shall be for making
payments under the Community Services Block Grant Act:
Provided further, That not less than $8,000,000 shall be for
section 680(3)(B) of the Community Services Block Grant Act:
Provided further, That in addition to amounts provided
herein, $6,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out the provisions of section 1110 of the Social Security
Act: Provided further, That to the extent Community Services
Block Grant funds are distributed as grant funds by a State
to an eligible entity as provided under the Act, and have not
been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible property
which permits grant funds, or intangible assets acquired with
funds authorized under section 680 of the Community Services
Block Grant Act, as amended, to become the sole property of
such grantees after a period of not more than 12 years after
the end of the grant for purposes and uses consistent with
the original grant: Provided further, That funds appropriated
for section 680(a)(2) of the Community Services Block Grant
Act, as amended, shall be available for financing
construction and rehabilitation and loans or investments in
private business enterprises owned by community development
corporations: Provided further, That $53,625,000 is for a
compassion capital fund to provide grants to charitable
organizations to emulate model social service programs and to
encourage research on the best practices of social service
organizations: Provided further, That $16,720,000 shall be
for activities authorized by the Help America Vote Act of
2002, of which $11,390,000 shall be for payments to States to
promote access for voters with disabilities, and of which
$5,330,000 shall be for payments to States for protection and
advocacy systems for voters with disabilities: Provided
further, That $80,416,000 shall be for making competitive
grants to provide abstinence education to adolescents, and
for Federal costs of administering the grant: Provided
further, That information provided through grants under the
immediately preceding proviso shall be scientifically
accurate and shall comply with section 317P(c)(2) of the
Public Health Service Act: Provided further, That in addition
to amounts provided herein for abstinence education for
adolescents, $4,500,000 shall be available from amounts
available under section 241 of the Public Health Service Act
to carry out evaluations (including longitudinal evaluations)
of adolescent pregnancy prevention approaches: Provided
further, That up to $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including
grants to States to support data collection for a study of
the system's effectiveness: Provided further, That $7,425,000
shall be available for the projects and in the amounts
specified in the committee report of the Senate accompanying
this Act.

Promoting Safe and Stable Families

For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437, $89,100,000.

Payments to States for Foster Care and Adoption Assistance

For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $5,067,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Act, for the first quarter of fiscal
year 2009, $1,776,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
section 474 of title IV-E, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.

Administration on Aging

Aging Services Programs

For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, and section 398 of
the Public Health Service Act, $1,441,585,000, of which
$5,500,000 shall be available for activities regarding
medication management, screening, and education to prevent
incorrect medication and adverse drug reactions: Provided,
That $2,935,000 shall be available for the projects and in
the amounts specified in the committee report of the Senate
accompanying this Act.

[[Page S13013]]

Office of the Secretary

General Departmental Management

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and
for carrying out titles III, XVII, XX, and XXI of the Public
Health Service Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of
the Social Security Act, $399,386,000, together with
$5,851,000 to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund, and $46,756,000 from the amounts
available under section 241 of the Public Health Service Act
to carry out national health or human services research and
evaluation activities: Provided, That of the funds made
available under this heading for carrying out title XX of the
Public Health Service Act, $13,120,000 shall be for
activities specified under section 2003(b)(2), all of which
shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as
amended, without application of the limitation of section
2010(c) of said title XX: Provided further, That of this
amount, $51,891,000 shall be for minority AIDS prevention and
treatment activities; and $5,941,000 shall be to assist
Afghanistan in the development of maternal and child health
clinics, consistent with section 103(a)(4)(H) of the
Afghanistan Freedom Support Act of 2002; up to $4,000,000
shall be for the Secretary's discretionary fund and may be
used to carry out activities authorized under the
Department's statutory authorities; and $9,500,000 shall be
for a Health Diplomacy Initiative and may be used to carry
out health diplomacy activities such as health training,
services, education, and program evaluation, provided
directly, through grants, or through contracts: Provided
further, That specific information requests from the chairmen
and ranking members of the Subcommittees on Labor, Health and
Human Services, and Education, and Related Agencies, on
scientific research or any other matter, shall be transmitted
to the Committees on Appropriations in a prompt professional
manner and within the time frame specified in the request:
Provided further, That scientific information requested by
the Committees on Appropriations and prepared by government
researchers and scientists shall be transmitted to the
Committees on Appropriations, uncensored and without delay:
Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide, to individuals
adopting embryos, through grants and other mechanisms,
medical and administrative services deemed necessary for such
adoptions: Provided further, That such services shall be
provided consistent with 42 CFR 59.5(a)(4): Provided further,
That $2,100,000 shall be available for the projects and in
the amounts specified in the committee report of the Senate
accompanying this Act.

Office of Medicare Hearings and Appeals

For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such
Act), $70,000,000, to be transferred in appropriate part from
the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds.

Office of the National Coordinator for Health Information Technology

For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts and cooperative agreements for the
development and advancement of an interoperable national
health information technology infrastructure, $43,000,000:
Provided, That in addition to amounts provided herein,
$28,000,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
health information technology network development.

Office of Inspector General

For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, as amended, $45,687,000:
Provided, That of such amount, necessary sums are available
for providing protective services to the Secretary and
investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.

Office for Civil Rights

For expenses necessary for the Office for Civil Rights,
$33,748,000, together with not to exceed $3,314,000 to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund.

Retirement Pay and Medical Benefits for Commissioned Officers

For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act (10 U.S.C. ch. 55), such amounts as may be
required during the current fiscal year.

Public Health and Social Services Emergency Fund

(including transfer of funds)

For expenses necessary to support activities related to
countering potential biological, disease, nuclear,
radiological and chemical threats to civilian populations,
and for other public health emergencies, $756,556,000, of
which not to exceed $22,338,000, to remain available until
September 30, 2009, is to pay the costs described in section
319F-2(c)(7)(B) of the Public Health Service Act.
For expenses necessary to prepare for and respond to an
influenza pandemic, $888,000,000, of which $652,000,000 shall
be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary
medical supplies, diagnostics, and other surveillance tools:
Provided, That products purchased with these funds may, at
the discretion of the Secretary, be deposited in the
Strategic National Stockpile: Provided further, That
notwithstanding section 496(b) of the Public Health Service
Act, funds may be used for the construction or renovation of
privately owned facilities for the production of pandemic
influenza vaccines and other biologicals, where the Secretary
finds such a contract necessary to secure sufficient supplies
of such vaccines or biologicals: Provided further, That
$158,000,000 shall be transferred within 30 days of enactment
to the Centers for Disease Control and Prevention for
pandemic preparedness activities: Provided further, That
funds appropriated herein and not specifically designated
under this heading may be transferred to other appropriation
accounts of the Department of Health and Human Services, as
determined by the Secretary to be appropriate, to be used for
the purposes specified in this sentence.
For expenses to provide screening and treatment for first
response emergency services personnel, residents, students,
and others related to the September 11, 2001, terrorist
attacks on the World Trade Center, $55,000,000 to be
transferred to Centers for Disease Control and Prevention,
Disease Control, Research, and Training.

General Provisions

Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this Act may be
used to implement section 1503 of the National Institutes of
Health Revitalization Act of 1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental
Health Services Administration shall be used to pay the
salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level I.
Sec. 205. None of the funds appropriated in this title for
Head Start shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
Sec. 206. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act,
or for other taps and assessments made by any office located
in the Department of Health and Human Services, prior to the
Secretary's preparation and submission of a report to the
Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
Sec. 207. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall
determine, but not more than 2.4 percent, of any amounts
appropriated for programs authorized under said Act shall be
made available for the evaluation (directly, or by grants or
contracts) of the implementation and effectiveness of such
programs.

(transfer of funds)

Sec. 208. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for
the current fiscal year for the Department of Health and
Human Services in this Act may be transferred between a
program, project, or activity, but no such program, project,
or activity shall be increased by more than 3 percent by any
such transfer: Provided, That a program, project, or activity
may be increased by up to an additional 2 percent subject to
approval by the House and Senate Committees on
Appropriations: Provided further, That the transfer authority
granted by this section shall be available only to meet
emergency needs and shall not be used to create any new
program or to fund any project or activity for which no funds
are provided in this Act: Provided further, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.

(transfer of funds)

Sec. 209. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes and
centers

[[Page S13014]]

from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency
virus: Provided, That the Appropriations Committees of both
Houses of Congress are promptly notified of the transfer.

(transfer of funds)

Sec. 210. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research
related to the human immunodeficiency virus, as jointly
determined by the Director of the National Institutes of
Health and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 211. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public
Health Service Act unless the applicant for the award
certifies to the Secretary that it encourages family
participation in the decision of minors to seek family
planning services and that it provides counseling to minors
on how to resist attempts to coerce minors into engaging in
sexual activities.
Sec. 212. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 213. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2008, that the State will commit additional State
funds, in accordance with subsection (b), to ensure
compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human
Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2008 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2007,
and adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The
State is to submit a report to the Secretary on all fiscal
year 2007 State expenditures and all fiscal year 2008
obligations for tobacco prevention and compliance activities
by program activity by July 31, 2008.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2008.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926
from a territory that receives less than $1,000,000.
Sec. 215. In order for the Department of Health and Human
Services to carry out international health activities,
including HIV/AIDS and other infectious diseases, chronic and
environmental diseases, and other health activities abroad
during fiscal year 2008, the Secretary of Health and Human
Services--
(1) may exercise authority equivalent to that available to
the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)).
The Secretary of Health and Human Services shall consult with
the Secretary of State and relevant Chief of Mission to
ensure that the authority provided in this section is
exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 (22 U.S.C. 3927) and other
applicable statutes administered by the Department of State;
and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary
to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of the Department of Health and
Human Services. The Department of State shall cooperate fully
with the Secretary of Health and Human Services to ensure
that the Department of Health and Human Services has secure,
safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary of Health and Human Services is authorized, in
consultation with the Secretary of State, through grant or
cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or
renovate facilities in those countries as necessary to
conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and
other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
Sec. 216. The Division of Federal Occupational Health
hereafter may utilize personal services contracting to employ
professional management/administrative and occupational
health professionals.
Sec. 217. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of
Health may use funds available under sections 402(b)(7) and
402(b)(12) of the Public Health Service Act (42 U.S.C.
282(i)) to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research in
support of the NIH Common Fund.
(b) Peer Review.--In entering into transactions under
subsection (a), the Director of the National Institutes of
Health may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments
of scientific and technical merit. Such procedures shall
apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the Public Health Service Act
(42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a,
and 289c).
Sec. 218. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention and the Agency for Toxic Substances and Disease
Registry may be transferred to ``Disease Control, Research,
and Training'', to be available only for Individual Learning
Accounts: Provided, That such funds may be used for any
individual full-time equivalent employee while such employee
is employed either by CDC or ATSDR.
Sec. 219. Notwithstanding any other provisions of law,
funds made available in this Act may be used to continue
operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408.
Sec. 220. In addition to any other amounts available for
such travel, and notwithstanding any other provision of law,
amounts available from this or any other appropriation for
the purchase, hire, maintenance, or operation of aircraft by
the Centers for Disease Control and Prevention shall be
available for travel by the Secretary of Health and Human
Services, the Director of the Centers for Disease Control and
Prevention, and employees of the Department of Health and
Human Services accompanying the Secretary or the Director
during such travel.
Sec. 221. The Director of the National Institutes of Health
shall require that all investigators funded by the NIH submit
or have submitted for them to the National Library of
Medicine's PubMed Central an electronic version of their
final, peer-reviewed manuscripts upon acceptance for
publication to be made publicly available no later than 12
months after the official date of publication: Provided, That
the NIH shall implement the public access policy in a manner
consistent with copyright law.
Sec. 222. (a) The Secretary of Health and Human Services is
authorized to award a grant to the Delta Health Alliance, a
nonprofit alliance of academic institutions in the
Mississippi Delta region that has as its primary purposes
addressing longstanding, unmet health needs and catalyzing
economic development in the Mississippi Delta.
(b) To be eligible to receive a grant under subsection (a),
the Delta Health Alliance shall solicit and fund proposals
from local governments, hospitals, health care clinics,
academic institutions, and rural public health-related
entities and organizations for research development,
educational programs, health care services, job training, and
planning, construction, and equipment of public health-
related facilities in the Mississippi Delta region.
(c) With respect to the use of grant funds under this
section for construction or major alteration of property, the
Federal interest in the property involved shall last for a
period of 1 year following the completion of the project or
until such time that the Federal Government is compensated
for its proportionate interest in the property if the
property use changes or the property is transferred or sold,
whichever time period is less. At the conclusion of such
period, the Notice of Federal Interest in such property shall
be removed.
(d) There are authorized to be appropriated such sums as
may be necessary to carry out this section in fiscal year
2008 and in each of the five succeeding fiscal years.
Sec. 223. Not to exceed $35,000,000 of funds appropriated
by this Act to the Institutes and Centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $2,500,000 per project.

[[Page S13015]]

(transfer of funds)

Sec. 224. Of the amounts made available in this Act for the
National Institutes of Health, 1 percent of the amount made
available for National Research Service Awards (NRSA) shall
be made available to the Administrator of the Health
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated
with entities who have received grants or contracts under
section 747 of the Public Health Service Act, and 1 percent
of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and
Quality to make NRSA awards for health service research.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2008''.

TITLE III

DEPARTMENT OF EDUCATION

Education for the Disadvantaged

For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA'') and section 418A of the
Higher Education Act of 1965, $15,867,778,000, of which
$6,812,554,000 shall become available on July 1, 2008, and
shall remain available through September 30, 2009, and of
which $8,867,301,000 shall become available on October 1,
2008, and shall remain available through September 30, 2009,
for academic year 2008-2009: Provided, That $6,808,407,000
shall be for basic grants under section 1124: Provided
further, That up to $4,000,000 of these funds shall be
available to the Secretary of Education on October 1, 2007,
to obtain annually updated educational-agency-level census
poverty data from the Bureau of the Census: Provided further,
That $1,365,031,000 shall be for concentration grants under
section 1124A: Provided further, That $2,868,231,000 shall be
for targeted grants under section 1125: Provided further,
That $2,868,231,000 shall be for education finance incentive
grants under section 1125A: Provided further, That
$500,000,000 shall be for school improvement grants
authorized under section 1003(g) of the ESEA: Provided
further, That $9,330,000 shall be to carry out part E of
title I: Provided further, That $1,634,000 shall be available
for a comprehensive school reform clearinghouse.

Impact Aid

For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$1,248,453,000, of which $1,111,867,000 shall be for basic
support payments under section 8003(b), $49,466,000 shall be
for payments for children with disabilities under section
8003(d), $17,820,000 shall be for construction under section
8007(b) and shall remain available through September 30,
2009, $64,350,000 shall be for Federal property payments
under section 8002, and $4,950,000, to remain available until
expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of
a payment for an eligible local educational agency under
section 8003(a) of the Elementary and Secondary Education Act
(20 U.S.C. 7703(a)) for school year 2007-2008, children
enrolled in a school of such agency that would otherwise be
eligible for payment under section 8003(a)(1)(B) of such Act,
but due to the deployment of both parents or legal guardians,
or a parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children
reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section,
provided such students remain in average daily attendance at
a school in the same local educational agency they attended
prior to their change in eligibility status.

School Improvement Programs

For carrying out school improvement activities authorized
by title II, part B of title IV, subparts 6 and 9 of part D
of title V, parts A and B of title VI, and parts B and C of
title VII of the Elementary and Secondary Education Act of
1965 (``ESEA''); the McKinney-Vento Homeless Assistance Act;
section 203 of the Educational Technical Assistance Act of
2002; the Compact of Free Association Amendments Act of 2003;
and the Civil Rights Act of 1964, $5,198,525,000, of which
$3,560,485,000 shall become available on July 1, 2008, and
remain available through September 30, 2009, and of which
$1,435,000,000 shall become available on October 1, 2008, and
shall remain available through September 30, 2009, for
academic year 2008-2009: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation and modernization of any elementary
school, secondary school, or structure related to an
elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further,
That from the funds referred to in the preceding proviso, not
less than $1,250,000 shall be for a grant to the Department
of Education of the State of Hawaii for the activities
described in such proviso, and $1,250,000 shall be for a
grant to the University of Hawaii School of Law for a Center
of Excellence in Native Hawaiian law: Provided further, That
funds made available to carry out part C of title VII of the
ESEA may be used for construction: Provided further, That up
to 100 percent of the funds available to a State educational
agency under part D of title II of the ESEA may be used for
subgrants described in section 2412(a)(2)(B) of such Act:
Provided further, That $60,000,000 shall be available to
carry out section 203 of the Educational Technical Assistance
Act of 2002: Provided further, That $34,376,000 shall be
available to carry out part D of title V of the ESEA:
Provided further, That no funds appropriated under this
heading may be used to carry out section 5494 under the ESEA:
Provided further, That $18,001,000 shall be available to
carry out the Supplemental Education Grants program for the
Federated States of Micronesia and the Republic of the
Marshall Islands: Provided further, That up to 5 percent of
these amounts may be reserved by the Federated States of
Micronesia and the Republic of the Marshall Islands to
administer the Supplemental Education Grants programs and to
obtain technical assistance, oversight and consultancy
services in the administration of these grants and to
reimburse the United States Departments of Labor, Health and
Human Services, and Education for such services.

Indian Education

For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $118,690,000.

Innovation and Improvement

For carrying out activities authorized by parts G and H of
title I, subpart 5 of part A and parts C and D of title II,
parts B, C, and D of title V, and section 1504 of the
Elementary and Secondary Education Act of 1965 (``ESEA''),
$962,889,000: Provided, That $9,821,000 shall be provided to
the National Board for Professional Teaching Standards to
carry out section 2151(c) of the ESEA: Provided further, That
from funds for subpart 4, part C of title II, up to 3 percent
shall be available to the Secretary for technical assistance
and dissemination of information: Provided further, That
$317,699,000 shall be available to carry out part D of title
V of the ESEA: Provided further, That $64,504,000 of the
funds for subpart 1, part D of title V of the ESEA shall be
available for the projects and in the amounts specified in
the committee report of the Senate accompanying this Act:
Provided further, That $99,000,000 of the funds for subpart 1
shall be for competitive grants to local educational
agencies, including charter schools that are local
educational agencies, or States, or partnerships of: (1) a
local educational agency, a State, or both; and (2) at least
one non-profit organization to develop and implement
performance-based teacher and principal compensation systems
in high-need schools: Provided further, That such
performance-based compensation systems must consider gains in
student academic achievement as well as classroom evaluations
conducted multiple times during each school year among other
factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided
further, That five percent of such funds for competitive
grants shall be available for technical assistance, training,
peer review of applications, program outreach and evaluation
activities.

Safe Schools and Citizenship Education

For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3, and 10
of part D of title V of the Elementary and Secondary
Education Act of 1965 (``ESEA''), $697,112,000, of which
$300,000,000 shall become available on July 1, 2008, and
remain available through September 30, 2009: Provided, That
of the amount available for subpart 2 of part A of title IV
of the ESEA, $850,000 shall be used to continue the National
Recognition Awards program under the same guidelines outlined
by section 120(f) of Public Law 105-244: Provided further,
That $300,000,000 shall be available for subpart 1 of part A
of title IV and $222,112,000 shall be available for subpart 2
of part A of title IV, of which not less than $1,000,000, to
remain available until expended, shall be for the Project
School Emergency Response to Violence program to provide
education-related services to local educational agencies in
which the learning environment has been disrupted due to a
violent or traumatic crisis: Provided further, That
$145,000,000 shall be available to carry out part D of title
V of the ESEA: Provided further, That of the funds available
to carry out subpart 3 of part C of title II, up to
$12,000,000 may be used to carry out section 2345 and
$3,000,000 shall be used to implement a comprehensive program
to improve public knowledge, understanding and support of the
Congress and the State legislatures.

English Language Acquisition

For carrying out part A of title III of the ESEA,
$670,819,000, which shall become available on July 1, 2008,
and shall remain available through September 30, 2009, except
that 6.5 percent of such amount shall be available on October
1, 2007, and shall remain available through September 30,
2009, to carry out activities under section 3111(c)(1)(C).

Special Education

For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $12,330,374,000, of which
$6,192,551,000 shall become available on July 1, 2008, and
shall remain available through September 30, 2009, and of
which $5,924,200,000 shall become available on October 1,
2008, and shall remain available through September 30, 2009,
for academic year 2008-2009: Provided, That $13,000,000 shall
be for Recording for the

[[Page S13016]]

Blind and Dyslexic, Inc., to support activities under section
674(c)(1)(D) of the IDEA: Provided further, That $1,500,000
shall be for the recipient of funds provided by Public Law
105-78 under section 687(b)(2)(G) of the IDEA (as in effect
prior to the enactment of the Individuals with Disabilities
Education Improvement Act of 2004) to provide information on
diagnosis, intervention, and teaching strategies for children
with disabilities: Provided further, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2007, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percentage increase
in the funds appropriated under section 611(i) of the IDEA:
Provided further, That nothing in section 674(e) of the IDEA
shall be construed to establish a private right of action
against the National Instructional Materials Access Center
for failure to perform the duties of such center or otherwise
authorize a private right of action related to the
performance of such center: Provided further, That $3,000,000
shall be available to support the Special Olympics Winter
World Games.

Rehabilitation Services and Disability Research

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998 (``the AT Act''), and the Helen Keller National Center
Act, $3,286,942,000, of which $1,000,000 shall be awarded to
the American Academy of Orthotists and Prosthetists for
activities that further the purposes of the grant received by
the Academy for the period beginning October 1, 2003,
including activities to meet the demand for orthotic and
prosthetic provider services and improve patient care:
Provided, That $32,000,000 shall be used for carrying out the
AT Act, including $26,377,000 for State grant activities
authorized under section 4 of the AT Act, $4,570,000 for
State grants for protection and advocacy under section 5 of
the AT Act and $1,053,000 shall be for technical assistance
activities under section 6 of the AT Act: Provided further,
That $2,650,000 of the funds for section 303 of the
Rehabilitation Act of 1973 shall be available for the
projects and in the amounts specified in the committee report
of the Senate accompanying this Act.

Special Institutions for Persons With Disabilities

american printing house for the blind

For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $22,000,000.

National Technical Institute for the Deaf

For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $59,000,000, of which $1,705,000 shall
be for construction and shall remain available until
expended: Provided, That from the total amount available, the
Institute may at its discretion use funds for the endowment
program as authorized under section 207.

Gallaudet University

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$111,000,000, of which $600,000 shall be for the Secretary of
Education to carry out section 205 of the Act: Provided, That
from the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207.

Career, Technical, and Adult Education

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006,
the Adult Education and Family Literacy Act, and title VIII-D
of the Higher Education Amendments of 1998, $1,894,788,000,
of which $1,103,788,000 shall become available on July 1,
2008, and shall remain available through September 30, 2009,
and of which $791,000,000 shall become available on October
1, 2008, and shall remain available through September 30,
2009: Provided, That of the amount provided for Adult
Education State Grants, $67,896,000 shall be made available
for integrated English literacy and civics education services
to immigrants and other limited English proficient
populations: Provided further, That of the amount reserved
for integrated English literacy and civics education,
notwithstanding section 211 of the Adult Education and Family
Literacy Act, 65 percent shall be allocated to States based
on a State's absolute need as determined by calculating each
State's share of a 10-year average of the Immigration and
Naturalization Service data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as
measured by the average of the 3 most recent years for which
Immigration and Naturalization Service data for immigrants
admitted for legal permanent residence are available, except
that no State shall be allocated an amount less than $60,000:
Provided further, That of the amounts made available for the
Adult Education and Family Literacy Act, $7,000,000 shall be
for national leadership activities under section 243 and
$6,638,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $22,770,000 shall
be for Youth Offender Grants.

Student Financial Assistance

For carrying out subparts 1, 3, and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965, as
amended, $16,368,883,000, which shall remain available
through September 30, 2009.
The maximum Pell Grant for which a student shall be
eligible during award year 2008-2009 shall be $4,310.

Student Aid Administration

For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, and 4 of part A, and parts B, C,
D, and E of title IV of the Higher Education Act of 1965, as
amended, $708,216,000, which shall remain available until
expended.

Higher Education

For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the Higher Education
Act of 1965 (``HEA''), as amended, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Carl D.
Perkins Career and Technical Education Act of 2006,
$2,028,302,000: Provided, That $9,699,000, to remain
available through September 30, 2009, shall be available to
fund fellowships for academic year 2009-2010 under part A,
subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1: Provided further, That
$970,000 is for data collection and evaluation activities for
programs under the HEA, including such activities needed to
comply with the Government Performance and Results Act of
1993: Provided further, That notwithstanding any other
provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals
who are participating in advanced foreign language training
and international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That the funds provided for
title II of the HEA shall be allocated notwithstanding
section 210 of such Act: Provided further, That $12,000,000
shall be for grants to institutions of higher education, in
partnership with local educational agencies, to establish
instructional programs at all educational levels in languages
critical to U.S. national security: Provided further, That
$59,855,000 of the funds for part B of title VII of the
Higher Education Act of 1965 shall be available for the
projects and in the amounts specified in the committee report
of the Senate accompanying this Act.

Howard University

For partial support of Howard University (20 U.S.C. 121 et
seq.), $237,392,000, of which not less than $3,526,000 shall
be for a matching endowment grant pursuant to the Howard
University Endowment Act (Public Law 98-480) and shall remain
available until expended.

College Housing and Academic Facilities Loans Program

For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the Higher Education Act of 1965, as amended $481,000.

Historically Black College and University Capital Financing Program
Account

For administrative expenses to carry out the Historically
Black College and University Capital Financing Program
entered into pursuant to title III, part D of the Higher
Education Act of 1965, as amended, $188,000.

Institute of Education Sciences

For carrying out activities authorized by the Education
Sciences Reform Act of 2002, as amended, the National
Assessment of Educational Progress Authorization Act, section
208 of the Educational Technical Assistance Act of 2002, and
section 664 of the Individuals with Disabilities Education
Act, $589,826,000, of which $322,020,000 shall be available
until September 30, 2009.

Departmental Management

Program Administration

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $432,631,000, of which
$3,000,000, to remain available until expended, shall be for
building alterations and related expenses for the move of
Department staff to the Mary E. Switzer building in
Washington, DC.

Office for Civil Rights

For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $93,771,000.

Office of the Inspector General

For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $54,239,000.

General Provisions

Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in

[[Page S13017]]

order to carry out a plan of racial desegregation of any
school or school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.

(transfer of funds)

Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for
the Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the Appropriations Committees of both Houses
of Congress are notified at least 15 days in advance of any
transfer.
Sec. 305. None of the funds made available in this Act may
be used to promulgate, implement, or enforce any revision to
the regulations in effect under section 496 of the Higher
Education Act of 1965 on June 1, 2007, until legislation
specifically requiring such revision is enacted.
Sec. 306. (a) Notwithstanding section 8013(9)(B) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)(B)), North Chicago Community Unit School District
187, North Shore District 112, and Township High School
District 113 in Lake County, Illinois, and Glenview Public
School District 34 and Glenbrook High School District 225 in
Cook County, Illinois, shall be considered local educational
agencies as such term is used in and for purposes of title
VIII of such Act.
(b) Notwithstanding any other provision of law, federally
connected children (as determined under section 8003(a) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(a))) who are in attendance in the North Shore District
112, Township High School District 113, Glenview Public
School District 34, and Glenbrook High School District 225
described in subsection (a), shall be considered to be in
attendance in the North Chicago Community Unit School
District 187 described in subsection (a) for purposes of
computing the amount that the North Chicago Community Unit
School District 187 is eligible to receive under subsection
(b) or (d) of such section if--
(1) such school districts have entered into an agreement
for such students to be so considered and for the equitable
apportionment among all such school districts of any amount
received by the North Chicago Community Unit School District
187 under such section; and
(2) any amount apportioned among all such school districts
pursuant to paragraph (1) is used by such school districts
only for the direct provision of educational services.
This title may be cited as the ``Department of Education
Appropriations Act, 2008''.

TITLE IV

RELATED AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled

Salaries and Expenses

For expenses necessary of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by
Public Law 92-28, $4,994,000.

Corporation for National and Community Service

National and Community Service Programs, Operating Expenses

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Corporation for National and
Community Service to carry out the programs, activities, and
initiatives under provisions of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4950 et seq.) (the 1973 Act)
and the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.) (the 1990 Act), $804,489,000: Provided, That
all prior year unobligated balances from the ``Domestic
Volunteer Service Programs, Operating Expenses'' account
shall be transferred to and merged with this appropriation:
Provided further, That up to one percent of program grant
funds may be used to defray costs of conducting grant
application reviews, including the use of outside peer
reviewers: Provided further, That none of the funds made
available to the Corporation for National and Community
Service in this Act for activities authorized by section 122
of part C of title I and part E of title II of the Domestic
Volunteer Service Act of 1973 shall be used to provide
stipends or other monetary incentives to program participants
whose incomes exceed 125 percent of the national poverty
level: Provided further, That not more than $275,775,000 of
the amount provided under this heading shall be available for
grants under the National Service Trust Program authorized
under subtitle C of title I of the 1990 Act (42 U.S.C. 12571
et seq.) (relating to activities of the AmeriCorps program),
including grants to organizations operating projects under
the AmeriCorps Education Awards Program (without regard to
the requirements of sections 121(d) and (e), section 131(e),
section 132, and sections 140(a), (d), and (e) of the 1990
Act: Provided further, That not less than $117,720,000 of the
amount provided under this heading, to remain available
without fiscal year limitation, shall be transferred to the
National Service Trust for educational awards authorized
under subtitle D of title I of the 1990 Act (42 U.S.C.
12601), of which up to $4,000,000 shall be available to
support national service scholarships for high school
students performing community service, and of which
$7,000,000 shall be held in reserve as defined in Public Law
108-45: Provided further, That in addition to amounts
otherwise provided to the National Service Trust under the
fifth proviso, the Corporation may transfer funds from the
amount provided under the fourth proviso, to the National
Service Trust authorized under subtitle D of title I of the
1990 Act (42 U.S.C. 12601) upon determination that such
transfer is necessary to support the activities of national
service participants and after notice is transmitted to
Congress: Provided further, That of the amount provided under
this heading for grants under the National Service Trust
program authorized under subtitle C of title I of the Act,
not more than $65,000,000 may be used to administer,
reimburse, or support any national service program authorized
under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)):
Provided further, That notwithstanding section 501(a)(4) of
the Act, of the funds provided under this heading, not more
than $12,516,000 shall be made available to provide
assistance to State commissions on national and community
service under section 126(a) of the 1990 Act: Provided
further, That not more than $10,466,000 shall be available
for quality and innovation activities authorized under
subtitle H of title I of the 1990 Act (42 U.S.C. 12853 et
seq.): Provided further, That notwithstanding subtitle H of
title I of the 1990 Act (42 U.S.C. 12853), none of the funds
provided under the previous proviso shall be used to support
salaries and related expenses (including travel) attributable
to Corporation employees: Provided further, That $31,789,000
of the funds made available under this heading shall be
available for the Civilian Community Corps authorized under
subtitle E of title I of the 1990 Act (42 U.S.C. 12611 et
seq.), of which not less than $5,000,000 shall be for the
acquisition, renovation, equipping and startup costs for a
campus located in Vinton, Iowa and a campus in Vicksburg,
Mississippi.

SALARIES AND EXPENSES

For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act
of 1990 (42 U.S.C. 12501 et seq.) and under section 504(a) of
the Domestic Volunteer Service Act of 1973, including payment
of salaries, authorized travel, hire of passenger motor
vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $69,520,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $6,900,000.

ADMINISTRATIVE PROVISIONS

(including transfer of funds)

Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service
education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student's cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7)
of the National and Community Service Act.
Notwithstanding any other provision of law, funds made
available under section 129(d)(5)(B) of the National and
Community Service Act to assist entities in placing
applicants who are individuals with disabilities may be
provided to any entity that receives a grant under section
121 of the Act.
The Inspector General of the Corporation for National and
Community Service shall conduct random audits of the grantees
that administer activities under the AmeriCorps programs and
shall levy sanctions in accordance with standard Inspector
General audit resolution procedures which include, but are
not limited to, debarment of any grantee (or successor in
interest or any entity with substantially the same person or
persons in control) that has been determined to have
committed any substantial violations of the requirements of
the AmeriCorps programs, including any grantee that has been
determined to have violated the prohibition of using Federal
funds to lobby the Congress: Provided, That the Inspector
General shall obtain reimbursements in the amount of any
misused funds from any grantee that has been determined to
have committed any substantial violations of the requirements
of the AmeriCorps programs.
For fiscal year 2008, the Corporation shall make any
significant changes to program requirements or policy only
through public notice and comment rulemaking. For fiscal

[[Page S13018]]

year 2008, during any grant selection process, no officer or
employee of the Corporation shall knowingly disclose any
covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer
or employee of the Corporation that is authorized by the
Corporation to receive such information.
Except as expressly provided herein, not to exceed 1
percent of any discretionary funds (pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended)
which are appropriated for the Corporation in this Act may be
transferred between activities identified under this heading
in the committee report accompanying this Act, but no such
activity shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Committees
of both Houses of Congress are notified at least 15 days in
advance of any transfer.

Corporation for Public Broadcasting

For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act,
for the fiscal year 2010, $420,000,000: Provided, That no
funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used
to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That for fiscal
year 2008, in addition to the amounts provided above,
$29,700,000 shall be for costs related to digital program
production, development, and distribution, associated with
the transition of public broadcasting to digital
broadcasting, to be awarded as determined by the Corporation
in consultation with public radio and television licensees or
permittees, or their designated representatives: Provided
further, That for fiscal year 2008, in addition to the
amounts provided above, $26,750,000 shall be for the costs
associated with replacement and upgrade of the public radio
interconnection system: Provided further, That none of the
funds made available to the Corporation for Public
Broadcasting by this Act, Public Law 108-199 or Public Law
108-7, shall be used to support the Television Future Fund or
any similar purpose.

Federal Mediation and Conciliation Service

Salaries and Expenses

For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it
by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
180, 182-183), including hire of passenger motor vehicles;
for expenses necessary for the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a); and for expenses necessary for
the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter
71), $44,450,000, including $400,000, to remain available
through September 30, 2009, for activities authorized by the
Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a):
Provided, That notwithstanding 31 U.S.C. 3302, fees charged,
up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance,
including those provided to foreign governments and
international organizations, and for arbitration services
shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That fees
for arbitration services shall be available only for
education, training, and professional development of the
agency workforce: Provided further, That the Director of the
Service is authorized to accept and use on behalf of the
United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the
Director's jurisdiction.

Federal Mine Safety and Health Review Commission

Salaries and Expenses

For expenses necessary for the Federal Mine Safety and
Health Review Commission (30 U.S.C. 801 et seq.), $8,096,000.

Institute of Museum and Library Services

Office of Museum and Library Services: Grants and Administration

For carrying out the Museum and Library Services Act of
1996, $266,680,000: Provided, That $8,680,000 shall be
available for the projects and in the amounts specified in
the committee report of the Senate accompanying this Act.

Medicare Payment Advisory Commission

salaries and expenses

For expenses necessary to carry out section 1805 of the
Social Security Act, $10,748,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.

National Commission on Libraries and Information Science

Salaries and Expenses

For close out activities of the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended), $400,000.

National Council on Disability

Salaries and Expenses

For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $3,113,000.

National Labor Relations Board

Salaries and Expenses

For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-
167), and other laws, $256,988,000: Provided, That no part of
this appropriation shall be available to organize or assist
in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers
as referred to in section 2(3) of the Act of July 5, 1935 (29
U.S.C. 152), and as amended by the Labor-Management Relations
Act, 1947, as amended, and as defined in section 3(f) of the
Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained
or operated on a mutual, nonprofit basis and at least 95
percent of the water stored or supplied thereby is used for
farming purposes.

National Mediation Board

Salaries and Expenses

For expenses necessary to carry out the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151-188), including
emergency boards appointed by the President, $12,992,000.

Occupational Safety and Health Review Commission

Salaries and Expenses

For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $10,696,000.

Railroad Retirement Board

Dual Benefits Payments Account

For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $79,000,000, which shall include amounts becoming
available in fiscal year 2008 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds
$97,000,000: Provided, That the total amount provided herein
shall be credited in 12 approximately equal amounts on the
first day of each month in the fiscal year.

Federal Payments to the Railroad Retirement Accounts

For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2009, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.

Limitation on Administration

For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $103,694,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.

Limitation on the Office of Inspector General

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, as amended, not more
than $8,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account:
Provided, That none of the funds made available in any other
paragraph of this Act may be transferred to the Office; used
to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities
or services, maintenance services, or administrative services
for the Office; used to pay any salary, benefit, or award for
any personnel of the Office; used to pay any other operating
expense of the Office; or used to reimburse the Office for
any service provided, or expense incurred, by the Office:
Provided further, That funds made available under the heading
in this Act, or subsequent Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Acts, may be used for any audit,
investigation, or review of the Medicare Program.

Social Security Administration

Payments to Social Security Trust Funds

For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided
under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $28,140,000.

Supplemental Security Income Program

For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $26,959,000,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by

[[Page S13019]]

the State during that year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2009,
$14,800,000,000, to remain available until expended.

limitation on administrative expenses

For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $15,000 for official
reception and representation expenses, not more than
$9,372,953,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $2,000,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2008
not needed for fiscal year 2008 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section
7131 of title 5, United States Code, and for facilities or
support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the
Treasury, with interest, from amounts in the general fund not
otherwise appropriated, as soon as possible after such
expenditures are made.
From funds provided under the first paragraph, not less
than $263,970,000 shall be available for conducting
continuing disability reviews under titles II and XVI of the
Social Security Act and for conducting redeterminations of
eligibility under title XVI of the Social Security Act.
In addition to amounts made available above, and subject to
the same terms and conditions, $213,000,000 shall be
available for additional continuing disability reviews and
redeterminations of eligibility.
In addition, $135,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2008 exceed $135,000,000, the amounts shall be
available in fiscal year 2009 only to the extent provided in
advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act (Public Law 108-203), which shall remain
available until expended.

Office of Inspector General

(including transfer of funds)

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $28,000,000, together with not to exceed
$68,047,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House and Senate.

TITLE V

GENERAL PROVISIONS

Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any
State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Salaries and expenses, Federal Mediation and Conciliation
Service''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``Salaries and expenses, National Mediation
Board''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to carry out
any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
Sec. 506. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 509. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established by section 202
of the Controlled Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may
be used to promulgate or

[[Page S13020]]

adopt any final standard under section 1173(b) of the Social
Security Act (42 U.S.C. 1320d-2(b)) providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act (20 U.S.C. 9134(f)), as amended by the
Children's Internet Protections Act, unless such library has
made the certifications required by paragraph (4) of such
section.
Sec. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section
2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the
Children's Internet Protections Act and the No Child Left
Behind Act, unless the local educational agency with
responsibility for such covered school has made the
certifications required by paragraph (2) of such section.
Sec. 516. None of the funds appropriated in this Act may be
used to enter into an arrangement under section 7(b)(4) of
the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4))
with a nongovernmental financial institution to serve as
disbursing agent for benefits payable under the Railroad
Retirement Act of 1974.
Sec. 517. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;

unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to
such reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;

unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to
such reprogramming, whichever occurs earlier.
Sec. 518. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate scientific information that is
deliberately false or misleading.
Sec. 519. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the Senate and of the House
of Representatives a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$100,000 in value and awarded by the Department on a non-
competitive basis during each quarter of fiscal year 2008,
but not to include grants awarded on a formula basis. Such
report shall include the name of the contractor or grantee,
the amount of funding, and the governmental purpose. Such
report shall be transmitted to the Committees within 30 days
after the end of the quarter for which the report is
submitted.
This Act may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2008''.
______

SA 3326. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill H.R. 3043, making appropriations for the Departments
of Labor, Health and Human Services, and Education, and related
agencies for the fiscal year ending September 30, 2008, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SMALL BUSINESS CHILD CARE GRANT PROGRAM.

For carrying out the small business child care grant
program under section 8303 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (42 U.S.C. 9858 note) $10,000,000,
to remain available until expended. Each amount otherwise
appropriated in this Act shall be reduced on a pro rata basis
by the amount necessary to provide the amount referred to in
the preceding sentence.
______

SA 3327. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill H.R. 3043, making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2008, and for other purposes;
which was ordered to lie on the table; as follows:

On page 79, between lines 4 and 5, insert the following:
Sec. __.  None of the funds appropriated in this Act may be
used to prevent, or to coordinate with another employee of
the Federal government to prevent, an individual not in the
business of importing a prescription drug (within the meaning
of section 801(g) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 381(g)) from importing a prescription drug from
Canada that complies with sections 501, 502, and 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and
355).
______

SA 3328. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. Specter)
to the bill H.R. 3043, making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2008, and for other purposes;
as follows:

On page 79, between lines 4 and 5, insert the following:
Sec. __.  None of the funds appropriated in this Act may be
used to prevent an individual not in the business of
importing a prescription drug (within the meaning of section
801(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381(g)) from importing a prescription drug from Canada that
complies with sections 501, 502, and 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355).
______

SA 3329. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill H.R. 3043, making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2008, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place in title II, insert the following:
Sec. __.  None of the funds appropriated under this Act
shall be made available to Planned Parenthood for any purpose
under title X of the Public Health Service Act.
______

SA 3330. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill H.R. 3043, making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2008, and for other purposes;
which was ordered to lie on the table; as follows:

On page 79, between lines 4 and 5, insert the following:
Sec. __.  Notwithstanding any other provision of this Act,
none of the funds appropriated in this title shall be
distributed to grantees who perform abortions or whose
subgrantees perform abortions, except where a woman suffers
from a physical disorder, physical injury, or physical
illness that would, as certified by a physician, place the
woman in danger of death unless an abortion is performed,
including a life-endangering physical condition caused by or
arising from

[[Page S13021]]

the pregnancy itself. The preceding sentence shall not apply
to a grantee or subgrantee that is a hospital, so long as
such hospital does not subgrant to a non-hospital entity that
performs abortions.
______

SA 3331. Mr. REID (for Mr. Obama (for himself and Mr. Durbin))
submitted an amendment intended to be proposed by Mr. Reid to the bill
H.R. 3043, making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agencies for the fiscal
year ending September 30, 2008, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title V, add the following:
Sec. 521.  None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
______

SA 3332. Mrs. McCASKILL (for herself and Mr. DeMint) submitted an
amendment intended to be proposed to amendment SA 3325 proposed by Mr.
Harkin (for himself and Mr. Specter) to the bill H.R. 3043, making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:
Sec. __.  Not later than 30 days after the date of
enactment of this Act, the Departments, agencies, and
commissions funded under this Act, shall establish and
maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
______

SA 3333. Mr. THUNE (for himself, Ms. Stabenow, Mr. Crapo, Mr. Conrad,
Mr. Salazar, and Mr. Wyden) submitted an amendment intended to be
proposed to amendment SA 3325 proposed by Mr. Harkin (for himself and
Mr. Specter) to the bill H.R. 3043, making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2008, and for
other purposes; as follows:

On page 79, between lines 4 and 5, insert the following:
Sec. __. (a) In addition to any amounts appropriated or
otherwise made available under this Act to the Health
Resources and Services Administration to carry out programs
and activities under the Health Care Safety Net Amendments of
2002 (Public Law 107-251) and the amendments made by such
Act, and for other telehealth programs under section 330I of
the Public Health Service Act (42 U.S.C. 254c-14), there
shall be made available an additional $6,800,000, to (1)
expand support for existing and new telehealth resource
centers, including at least 1 resource center focusing on
telehomecare; (2) support telehealth network grants,
telehealth demonstrations, and telehomecare pilot projects;
and (3) provide grants to carry out programs under which
health licensing boards or various States cooperate to
develop and implement policies that will reduce statutory and
regulatory barriers to telehealth.
(b) Notwithstanding any other provision of this Act,
amounts appropriated or otherwise made available under this
Act for the administrative and related expenses for
departmental management for the Department of Labor, the
Department of Health and Human Services, and the Department
of Education, shall be reduced on a pro rata basis by
$6,800,000.
______

SA 3334. Mr. BURR (for himself and Mr. Gregg) submitted an amendment
intended to be proposed by him to the bill H.R. 3043, making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes; which was ordered to lie on
the table; as follows:

On page 66, line 7, strike ``$756,556,000'' and insert
``$786,556,000''.
On page 66, line 10, strike the period and insert ``, and
of which $189,000,000 shall be used to support advanced
research and development of medical countermeasures,
consistent with section 319L of the Public Health Service
Act.''.
On page 79, between lines 4 and 5, insert the following:
Sec. __.  Notwithstanding any other provision of this Act,
each congressionally directed spending item in this Act shall
be reduced on a pro rata basis by $30,000,000.
______

SA 3335. Mr. DORGAN (for himself and Mr. Conrad) proposed an
amendment to amendment SA 3325 proposed by Mr. Harkin (for himself and
Mr. Specter) to the bill H.R. 3043, making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2008, and for
other other purposes; as follows:

On page 59, line 22, insert before the semicolon the
following: ``, of which $5,000,000 shall be made available to
the Centers for Disease Control and Prevention as an
additional amount to make grants under the State Heart
Disease and Stroke Prevention Program''.
______

SA 3336. Mrs. FEINSTEIN (for herself and Mr. Kyl) proposed an
amendment to amendment SA 3325 proposed by Mr. Harkin (for himself and
Mr. Specter) to the bill H.R. 3043, making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2008, and for
other other purposes; as follows:

On page 64, line 5, insert before the period the following:
``Provided further, That $500,000 shall be available to
complete a feasibility study for a National Registry of
Substantiated Cases of Child Abuse or Neglect, as described
in section 633(g) of the Adam Walsh Child Protection and
Safety Act of 2006 (Public law 109-248), and the Secretary of
Health and Human Services shall submit the report described
in section 633(g)(2) of such Act not later than 1 year after
date of enactment of this Act''.
______

SA 3337. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill H.R. 3043, making appropriations for the Departments
of Labor, Health and Human Services, and Education, and related
agencies for the fiscal year ending September 30, 2008, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title III, insert the following:

SEC. ___. SENSE OF THE SENATE REGARDING SCIENCE TEACHING AND
ASSESSMENT.

(a) Findings.--The Senate finds that there is broad
agreement in the scientific community that learning science
requires direct involvement by students in scientific inquiry
and that such direct involvement must be included in every
science program for every science student in prekindergarten
through grade 16.
(b) Sense of the Senate Regarding the National Assessment
of Educational Progress 2009 Science Test.--It is the sense
of the Senate that--
(1) the National Assessment of Educational Progress (NAEP)
2009 Science assessment should reflect the findings of the
Senate described in subsection (a) and those expressed in
section 7026(a) of the America Creating Opportunities to
Meaningfully Promote Excellence in Technology, Education, and
Science Act; and
(2) the National Assessment Governing Board (NAGB) should
certify that the National Assessment of Education Progress
2009 Science framework, specification, and assessment include
extensive and explicit attention to inquiry.
(c) Report.--The National Assessment Governing Board shall
submit a report to the Committee on Health, Education, Labor,
and Pensions of the Senate describing whether the
certification described in subsection (b)(2) has been made,
and if such certification has been made, include in the
report the following:
(1) A description of the analysis used to arrive at such
certification.
(2) A list of individuals with experience in inquiry
science education making the certification.
______

SA 3338. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill H.R. 3043, making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2008, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __.  None of the funds appropriated in this Act may be
used for the Charles B. Rangel Center for Public Service,
City College of New York, NY.
______

SA 3339. Mr. HARKIN (for Mr. Smith) proposed an amendment to
amendment SA 3325 proposed by Mr. Harkin (for

[[Page S13022]]

himself and Mr. Specter) to the bill H.R. 3043, making appropriations
for the Departments of Labor, Health and Human Services, and Education,
and related agencies for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 49, line 19, insert before the period the
following: ``Provided further, That Section 520E(b)(2) of the
Public Health Service Act shall not apply to funds
appropriated under this Act for fiscal year 2008''.
______

SA 3340. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill H.R. 3043, making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2008, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. ___.  None of the funds made available under this Act
may be used to circumvent any statutory or administrative
formula-driven or competitive awarding process to award funds
to a project in response to a request from a Member of
Congress (or any employee of a Member or committee of
Congress), unless the specific project has been disclosed in
accordance with the rules of the Senate or House of
Representatives, as applicable.
______

SA 3341. Mrs. DOLE submitted an amendment intended to be proposed by
her to the bill H.R. 3043, making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2008, and for other purposes;
which was ordered to lie on the table; as follows:

On page 37, line 2, insert ``Provided further, That of the
funds available under this heading, $12,000,000 shall be
provided for the National Cord Blood Inventory pursuant to
the Stem Cell Therapeutic and Research Act of 2005 (Public
Law 109-129):'' after ``programs:''.
______

SA 3342. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill H.R. 3043, making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2008, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __.  None of the funds appropriated by this Act may be
used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
______

SA 3343. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill H.R. 3043, making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2008, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec.  . None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit
payments under title II of the Social Security Act, to
process claims for credit for quarters of coverage based on
work performed under a social security account number that
was not the claimant's number or under any other basis that
is an offense prohibited under section 208 of the Social
Security Act (42 U.S.C. 408).
______

SA 3344. Mr. BAUCUS (for himself and Mr. Tester) submitted an
amendment intended to be proposed by him to the bill H.R. 3043, making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes; which was ordered to lie on
the table; as follows:

On page 34, line 4, after ``Act'' insert the following: ``,
including $250,000 for the Center for Asbestos Related
Disease (CARD) Clinic in Libby, Montana''.
______

SA 3345. Mr. DORGAN (for himself, Mr. Brown, Ms. Stabenow, and Mr.
Casey) proposed an amendment to amendment SA 3325 proposed by Mr.
Harkin (for himself and Mr. Specter) to the bill H.R. 3043, making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes; as follows:

On page 12, line 8, before the period, insert the
following: ``Provided further, That not later than 180 days
after the date of the enactment of this Act, the Secretary of
Labor shall submit to Congress a report regarding the impact
of the North American Free Trade Agreement (in this section,
referred to as the `Agreement') on jobs in the United States.
The report shall cover the period beginning on the date the
Agreement entered into force with respect to the United
States through December 31, 2007, and shall include on a
industry-by-industry basis, the information regarding the
number and type of jobs lost in the United States as a result
of the agreement and the number and type of jobs created as a
result of the Agreement.''.
______

SA 3346. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 3325 proposed by Mr. Harkin (for himself and
Mr. Specter) to the bill H.R. 3043, making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2008, and for
other purposes; which was ordered to lie on the table; as follows:

On page 33, between lines 9 and 10, insert the following:
Sec. __.  Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress containing an
analysis of the Secretary of Labor's implementation of
section 302 of the Social Security Act (42 U.S.C. 502) and
the Secretary's allocation of State unemployment insurance
administrative grants according to the requirements under
such section 302.
______

SA 3347. Mr. MENENDEZ proposed an amendment to amendment SA 3325
proposed by Mr. Harkin (for himself and Mr. Specter) to the bill H.R.
3043, making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies for the fiscal year
ending September 30, 2008, and for other purposes; as follows:

On page 79, between lines 4 and 5, insert the following:
Sec. __. (a) In addition to any other amounts appropriated
or otherwise made available under this Act, $15,000,000 shall
be available to carry out activities under the Patient
Navigator Outreach and Chronic Disease Prevention Act of 2005
(Public Law 109-18).
(b) Notwithstanding any other provision of this Act, the
amount made available under this Act for the Reading First
State Grants program under subpart 1 of part B of title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6361 et seq.), as specified in the committee report of the
Senate accompanying this Act, shall be reduced by
$15,000,000.
______

SA 3348. Mr. BROWN (for himself and Mr. Voinovich) submitted an
amendment intended to be proposed by him to the bill H.R. 3043, making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place in title III, insert the
following:
Sec. __.  Notwithstanding any other provision of this Act,
$2,000,000 shall be available for the Underground Railroad
Educational and Cultural Program. Amounts appropriated under
title III for administrative expenses shall be reduced on a
pro rata basis by $2,000,000.
______

SA 3349. Mr. BROWN (for himself, Mrs. Lincoln, Mr. Obama, Mr.
Feingold, Ms. Collins, Mr. Wyden, Mr. Kerry, and Mr. Menendez)
submitted an amendment intended to be proposed by him to the bill H.R.
3043, making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies for the fiscal year
ending September 30, 2008, and for other purposes; which was ordered to
lie on the table; as follows:

At the end of title III, add the following:
Sec. __.  No funds appropriated under this Act may be used
by the Secretary of Education to promulgate, implement, or
enforce the evaluation for the Upward Bound Program as
announced in the Notice of Final Priority published at 71
Fed. Reg. 55447-55450 (Sept. 22, 2006), until after the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House
of Representatives have thoroughly examined such regulation
in concert with the reauthorization of the Higher Education
Act of 1965.

____________________