S.Amdt. 3437Senate110th Congress (2007-2009)2nd degree

To prohibit the use of funds to modify certain HIV/AIDS funding formulas.

Submitted October 19, 2007

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Floor Latest Action

Senate amendment proposed (on the floor): Amendment SA 3437 proposed by Senator Enzi to Amendment SA 3325.(consideration: CR S13206-13209, S13214-13215; text: CR S13206)

October 23, 2007

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Floor

Senate amendment proposed (on the floor): Amendment SA 3437 proposed by Senator Enzi to Amendment SA 3325.(consideration: CR S13206-13209, S13214-13215; text: CR S13206)

October 23, 2007

Floor

Senate amendment agreed to: Amendment SA 3437 agreed to in Senate by Yea-Nay Vote. 65 - 28. Record Vote Number: 383.

October 23, 2007

Floor

Roll call votes on amendments in Senate: Amendment SA 3437 agreed to in Senate by Yea-Nay Vote. 65 - 28. Record Vote Number: 383.

October 23, 2007

Floor

Amendment SA 3437 proposed by Senator Enzi to Amendment SA 3325. (consideration: CR S13206-13209, S13214-13215; text: CR S13206) To prohibit the use of funds to modify certain HIV/AIDS funding formulas.

October 23, 2007

Floor

Amendment SA 3437 agreed to in Senate by Yea-Nay Vote. 65 - 28. Record Vote Number: 383.

October 23, 2007

Floor

Senate amendment submitted

October 19, 2007

Text

Submitted

TEXT OF AMENDMENTS

SA 3404. Mr. SCHUMER (for himself 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 126, between lines 7 and 8, add the following:
Sec. 521.  Section 106(d) of the American Competitiveness
in the Twenty-first Century Act of 2000 (Public Law 106-313;
8 U.S.C. 1153 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1996, 1997,'' after ``available in
fiscal year''; and
(B) by inserting ``group I,'' after ``schedule A,'';
(2) in paragraph (2)(A), by inserting ``1996, 1997, and''
after ``available in fiscal years''; and
(3) by adding at the end the following:
``(4) Petitions.--The Secretary of Homeland Security shall
provide a process for reviewing and acting upon petitions
with respect to immigrants described in schedule A not later
than 30 days after the date on which a completed petition has
been filed.''.
______

SA 3405. 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 V, insert the following:
Sec. ___.  Not later than 9 months after the date of
enactment of this Act, the Government Accountability Office
shall submit a report to Congress that contains an assessment
of the process for hiring and managing administrative law
judges and makes recommendations on ways to improve the
hiring and management of administrative law judges.
______

SA 3406. Mr. BROWNBACK (for himself and 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 in title III, insert the
following:
Sec. __.  Notwithstanding any other provision of law, a
local educational agency that receives funds appropriated
under this title shall not distribute any form of
contraceptives to students under the age of 16.
______

SA 3407. Mr. ISAKSON 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. __.  Notwithstanding any other provision of this Act,
under the heading ``office of national coordinator for health
information'' an additional $2,500,000 shall be available
under section 241 of the Public Health Service Act to carry
out Health Information Technology Network Development, and
the amount available under the heading ``general departmental
management'' under the heading ``Office of the Secretary''
shall be decreased by $2,500,000.
______

SA 3408. Mr. BAYH 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. __.  In addition to any other amounts appropriated in
this Act, up to $2,000,000 shall be available to the Centers
for Disease Control and Prevention and the Health Resources
and Services Administration for the Traumatic Brain Injury
(TBI) Surveillance, Registries, Prevention, and National
Education/Public Awareness Program under the Traumatic Brain
Injury Act of 1996 (as amended by the Children's Health Act
of 2000, Public Law 106-310) and the State Traumatic Brain
Injury (TBI) Grant Program under such Act (as so amended).
______

SA 3409. Mr. BAYH 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. __.  In addition to any other amounts appropriated in
this Act, $1,000,000 shall be available to the Centers for
Disease Control and Prevention for the Traumatic Brain Injury
(TBI) Surveillance, Registries, Prevention, and National
Education/Public Awareness Program under the Traumatic Brain
Injury Act of 1996 (as amended by the Children's Health Act
of 2000, Public Law 106-310) and $1,000,000 shall be
available to the Health Resources and Services Administration
for the State Traumatic Brain Injury (TBI) Grant Program
under such Act (as so amended).
______

SA 3410. Mr. DURBIN 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 41, line 14, insert before the period the
following: ``, of which $800,000 shall be made available to
fund epilepsy patient education, awareness, outreach, and
surveillance activities to be conducted by the CURE Epilepsy
Foundation''.
______

SA 3411. Mr. DURBIN (for himself and Mr. Bunning) 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 106, line 24, insert before the period the
following: ``: Provided further, That funds may be made
available for grants to Federal commissions that support
museum and library activities, in partnership with libraries
and museums that are eligible for funding under programs
carried out by the Institute of Museum and Library
Services''.
______

SA 3412. Mr. GRASSLEY 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:

[[Page S13161]]

Sec. __. (a) Notwithstanding any other provision of this
Act, the amount appropriated under the heading ``limitation
on administrative expenses'' under the heading ``Social
Security Administration'' shall be increased by $150,000,000.
(b) Section 205(c)(2)(G) of the Social Security Act (42
U.S.C. 405(c)(2)(G)) is amended--
(1) by inserting ``(i)'' after ``(G)''; and
(2) by adding at the end the following new clause:
``(ii)(I) Beginning January 1, 2008 and ending December 31,
2008, the Commissioner of Social Security shall impose the
applicable fee determined under subclause (II) for each
replacement social security card issued to an individual. The
Commissioner of Social Security may waive the imposition of
the fee required under this clause if such imposition would
be against equity and good conscience.
``(II) For purposes of subclause (I), the applicable fee
determined under this subclause is--
``(aa) for 2008, $30.00; and
______

SA 3413. 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
provided to any local education agency that has a policy that
allows for the distribution of birth control to a child under
18 years of age, without the separate, prior, written consent
of a parent or guardian of such child.
______

SA 3414. Mr. BUNNING 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:

In section 110, add at the end the following:
(c) Notwithstanding section 115(e) of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 825(e)), any
requirement of a regulation issued under section 115(e) that
requires that a mine rescue team participate at least
annually in 2 local mine rescue contests or at least annually
in mine rescue training at the underground coal mine covered
by the team shall not apply to a State-sponsored mine rescue
team--
(1) that is composed of State employees;
(2) whose members are familiar with the operations of the
mines the team covers through the performance of the members'
regular duties; and
(3) that conducts mine rescue training at least once semi-
annually.
______

SA 3415. Mr. CORNYN 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. __. (a) The Comptroller General of the United States
shall conduct a study of the effectiveness and timeliness of
the four-tiered system used to determine the frequency and
priority for surveying and certifying providers and suppliers
participating or desiring to participate in the Medicare or
Medicaid program. The study shall include an examination of
the impact of such system on health care providers and
suppliers that have not previously been surveyed and
certified for participation in either such program.
(b) Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the study conducted under
subsection (a), together with such recommendations as the
Comptroller General determines appropriate.
______

SA 3416. Mr. INHOFE (for himself and Mr. Enzi) 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:

Beginning on page 76, strike line 24 and all that follows
through line 7 on page 77.
______

SA 3417. Mr. INHOFE (for himself and Mr. Enzi) 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 77, line 7, insert before the period the following:
``, and in addition only where allowed by and in accordance
with the policies of the publishers who have conducted the
peer-review and accepted the manuscripts for publication''.
______

SA 3418. Mr. LIEBERMAN (for himself and Mr. Dodd) 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 or otherwise made
available in this Act or any other Act making appropriations
to the agencies funded by this Act may be used to close or
otherwise cease to operate the field office of the Social
Security Administration located in Bristol, Connecticut,
before the date on which the Commissioner of Social Security
submits to the appropriate committees of Congress a
comprehensive and detailed report outlining and justifying
the process for selecting field offices to be closed. Such
report shall include--
(1) a thorough analysis of the criteria used for selecting
field offices for closure and how the Commissioner of Social
Security analyzes and considers factors relating to
transportation and communication burdens faced by elderly and
disabled citizens as a result of field office closures,
including the extent to which elderly citizens have access
to, and competence with, online services; and
(2) for each field office proposed to be closed during
fiscal year 2007 or 2008, including the office located in
Bristol, Connecticut, a thorough cost-benefit analysis for
each such closure that takes into account--
(A) the savings anticipated as a result of the closure;
(B) the anticipated burdens placed on elderly and disabled
citizens; and
(C) any costs associated with replacement services and
provisional contact stations.
______

SA 3419. Ms. SNOWE 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:

At the appropriate place, insert the following:
Sec. __. (a) The Comptroller General of the United States
shall conduct a study to evaluate the Social Security
Administration's plan to reduce the hearing backlog for
disability claims at the Social Security Administration and
the Social Security Administration's current and planned
initiatives to improve the disability process, as contained
in the report submitted to the Senate on September 13, 2007,
pursuant to Senate Report 110-107.
(b) Not later than 5 months after the date of enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the study conducted under
subsection (a), together with such recommendations as the
Comptroller General determines appropriate.
______

SA 3420. Ms. SNOWE 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:

At the appropriate place, insert the following:
Sec. __. (a) The Comptroller General of the United States
shall conduct a study to evaluate the Social Security
Administration's plan to reduce the hearing backlog for
disability claims at the Social Security Administration and
the Social Security Administration's current and planned
initiatives to improve the disability process, as contained
in the report submitted to the Senate on September 13, 2007,
pursuant to Senate Report 110-107.
(b) Not later than 6 months after the date of enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the study conducted under
subsection (a), together with such recommendations as the
Comptroller General determines appropriate.
______

SA 3421. 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
provided to any local education agency that has a policy that
allows

[[Page S13162]]

for the distribution of birth control to a child under 17
years of age, without the separate, prior, written consent of
a parent or guardian of such child.
______

SA 3422. 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
provided to any local education agency that has a policy that
allows for the distribution of birth control to a child under
16 years of age, without the separate, prior, written consent
of a parent or guardian of such child.
______

SA 3423. 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
provided to any local education agency that has a policy that
allows for the distribution of birth control to a child under
15 years of age, without the separate, prior, written consent
of a parent or guardian of such child.
______

SA 3424. 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
provided to any local education agency that has a policy that
allows for the distribution of birth control to a child under
14 years of age, without the separate, prior, written consent
of a parent or guardian of such child.
______

SA 3425. 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
provided to any local education agency that has a policy that
allows for the distribution of birth control to a child under
13 years of age, without the separate, prior, written consent
of a parent or guardian of such child.
______

SA 3426. Ms. MURKOWSKI (for herself and Mr. Stevens) 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:

At the appropriate place in title II, insert the following:
Sec. __. (a)  In addition to amounts otherwise appropriated
under this title for the National Health Service Corps, there
shall be made available to the National Health Service Corps
an additional amount so that the total amount available for
such Corps is $131,500,000.
(b) Notwithstanding any other provision of this Act,
amounts made available under this Act for the administrative
and related expenses 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 the
amount necessary to provide for the additional amount made
available under subsection (a).
______

SA 3427. Mr. CORNYN 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:
It is the sense of the Senate that a portion of the funds
at the National Institute of Diabetes and Digestive and
Kidney Diseases be used for hemodialysis clinical trials.
______

SA 3428. 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:

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, $8,000,000 shall
be available to carry out activities under the Patient
Navigator Outreach and Chronic Disease Prevention Act of 2005
(Public Law 109-18).
(b) Amounts made available under this Act for consulting
services for the Departments of Labor, the Department of
Health and Human Services, and the Department of Education
shall be further reduced on a pro rata basis by the
percentage necessary to decrease the overall amount of such
spending by $8,000,000.
______

SA 3429. Mr. DORGAN 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 12, line 8, before the period, insert the
following: ``Provided further, That not later than 365 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 3430. Mr. FEINGOLD 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. __. (a)  Not later than May 31, 2009, the Comptroller
General of the United States shall submit a report to
Congress on student preparation techniques to meet State
academic achievement standards and achieve on State academic
assessments.
(b) The report required under subsection (a) shall include
a compilation of data collected from surveying a
representative sample of schools across the Nation to
determine the range of techniques that schools are using in
order to prepare students to meet State academic achievement
standards and achieve on State academic assessments,
including the extent to which schools have--
(1) extended the school day;
(2) hired curriculum specialists to train teachers or work
with individual students or small groups of students;
(3) de-emphasized academic subjects of which State academic
achievement standards and assessments are not required under
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.);
(4) used commercial test preparation material;
(5) provided increased professional development for
teachers;
(6) targeted low-performing students for specialized
instruction or tutoring;
(7) instituted formative or benchmark exams;
(8) distributed old exam questions to teachers and students
and focused instruction on these old exam questions;
(9) increased instructional time on tested subjects; or
(10) used any other techniques to prepare students to meet
State academic achievement standards and achieve on State
academic assessments.
(c) The data collected pursuant to this section shall be
reported--
(1) as data for all schools; and
(2) as data disaggregated by--
(A) high-poverty schools;
(B) low-poverty schools;
(C) schools with a student enrollment consisting of a
majority of minority students;
(D) schools with a student enrollment consisting of a
majority of non-minority students;
(E) urban schools;
(F) suburban schools;
(G) rural schools; and
(H) schools identified as in need of improvement under
section 1116 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316).
(d) The representative sample described in subsection (b)
shall be designed in such a manner as to provide valid,
reliable, and accurate information as well as sufficient
sample sizes for each type of school described in subsection
(c).

[[Page S13163]]

______

SA 3431. Ms. LANDRIEU (for herself and Mr. Alexander) 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 85, line 3, strike the period at the end and insert
``Provided further, that of such funds $251,394,000 shall be
for public charter schools, of which $214,783,000 shall be
for Charter Schools Grants and $36,611,000 of which shall be
for the Credit Enhancement for Charter School Facilities
Program.''.
______

SA 3432. Mr. REED 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. __. (a)  In addition to other amounts made available
in this title, $6,000,000 shall be made available for trauma
care activities.
(b) Amounts made available under this Act for consulting
services 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 the percentage
necessary to decrease the overall amount of such spending by
$6,000,000.
______

SA 3433. Mr. KENNEDY 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. __.  Prior to January 1, 2008, the Secretary of
Education may not terminate any voluntary flexible agreement
under section 428A of the Higher Education Act of 1965 (20
U.S.C. 1078-1) that exists on the date of enactment of this
Act. With respect to an entity with which the Secretary of
Education has a voluntary flexible agreement under section
428A of the Higher Education Act of 1965 (20 U.S.C. 1078-1)
on the date of enactment of this Act that is not cost
neutral, the Secretary of Education shall, not later than
December 31, 2007--
(1) negotiate to enter, and enter, into a new voluntary
flexible agreement with such entity so that the agreement is
cost neutral, unless such entity does not want to enter into
such agreement; or
(2) renegotiate such existing voluntary flexible agreement
so that the agreement is cost neutral.
______

SA 3434. 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,
amounts appropriated in this Act for the administration and
related expenses for the departmental management of the
Department of Labor, the Department of Health and Human
Services, and the Department of Education shall be reduced by
a pro rata percentage required to reduce the total amount
appropriated in this Act by $30,000,000.
______

SA 3435. Mr. CONRAD (for himself and Mr. Brownback) 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. __. PERMANENT AUTHORIZATION OF CONRAD STATE 30 PROGRAM.

Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by
striking ``and before June 1, 2008''.
______

SA 3436. Mr. HATCH 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:
``Provided further, That the Secretary of Education shall
assess the impact on education felt by students in states
with a high proportion of federal land compared to students
in non-public land states. The study shall consider current
student teacher ratios, trends in student teacher ratios, the
proportion of property tax dedicated to education in each
state, and the impact of these and other factors on education
in public land states. The Secretary shall submit the report
not later than 1 year after the date of the enactment of this
Act.''
______

SA 3437. Mr. ENZI 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.  . Notwithstanding any other provision of law, no
funds shall be made available under this Act to modify the
HIV/AIDS funding formulas under title XXVI of the Public
Health Service Act.
______

SA 3438. Mr. BINGAMAN 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 IV, add the following:

General Provisions

Sec. 401. (a) Notwithstanding any other provision of this
Act, the amount appropriated under the heading ``Limitation
on Administrative Expenses'' under the heading ``Social
Security Administration'' shall be increased by $160,000,000.
(b) Notwithstanding sections 1816(c) and 1842(c)(2) of the
Social Security Act (42 U.S.C. 1395h(c) and 1395u(c)(2)) or
any other provision of law--
(1) any payment from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42 U.S.C.
1395i) or from the Federal Supplementary Medical Insurance
Trust Fund under section 1841 of such Act (42 U.S.C. 1395t)
for claims submitted under part A or B of title XVIII of such
Act for items and services furnished under such part A or B,
respectively, that would otherwise be payable during the
period beginning on September 29, 2008, and ending on
September 30, 2008, shall be paid on the first business day
of October 2008; and
(2) no interest or late penalty shall be paid to an entity
or individual for any delay in a payment by reason of the
application of paragraph (1).
(c) Section 323 of title 31, United States Code, is amended
to read as follows:

``Sec. 323. Investment of operating cash

``(a) To manage United States cash, the Secretary of the
Treasury may invest any part of the operating cash of the
Treasury for not more than 90 days. The Secretary may invest
the operating cash of the Treasury in--
``(1) obligations of depositories maintaining Treasury tax
and loan accounts secured by pledged collateral acceptable to
the Secretary;
``(2) obligations of the United States Government; and
``(3) repurchase agreements with parties acceptable to the
Secretary.
``(b) Subsection (a) of this section does not require the
Secretary to invest a cash balance held in a particular
account.
``(c) The Secretary shall consider the prevailing market in
prescribing rates of interest for investments under
subsection (a)(1) of this section.
``(d)(1) The Secretary of the Treasury shall submit each
fiscal year to the appropriate committees a report detailing
the investment of operating cash under sub-section (a) for
the preceding fiscal year. The report shall describe the
Secretary's consideration of risks associated with
investments and the actions taken to manage such risks.
``(2) For purposes of paragraph (1), the term `appropriate
committees' means the Committees on Financial Services and
Ways and Means of the House of Representatives and the
Committees on Finance and Banking, Housing, and Urban Affairs
of the Senate.''.
______

SA 3439. Mr. BINGAMAN 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

[[Page S13164]]

At the end of title IV, add the following:

General Provisions

Sec. 401.(a) Notwithstanding any other provision of this
Act, the amount appropriated under the heading ``Limitation
on Administrative Expenses'' under the heading ``Social
Security Administration'' shall be increased by $160,000,000.
(b) Notwithstanding any other provision of this Act, an
additional $25,000,000 of the funds provided under the first
paragraph under the heading ``Limitation on administrative
expenses'' under the heading ``Social Security
Administration'' shall be used to conduct re-determinations
of eligibility under title XVI of the Social Security Act.
(c) Section 323 of title 31, United States Code, is amended
to read as follows:

``Sec. 323. Investment of operating cash

``(a) To manage United States cash, the Secretary of the
Treasury may invest any part of the operating cash of the
Treasury for not more than 90 days. The Secretary may invest
the operating cash of the Treasury in--
``(1) obligations of depositories maintaining Treasury tax
and loan accounts secured by pledged collateral acceptable to
the Secretary;
``(2) obligations of the United States Government; and
``(3) repurchase agreements with parties acceptable to the
Secretary.
``(b) Subsection (a) of this section does not require the
Secretary to invest a cash balance held in a particular
account.
``(c) The Secretary shall consider the prevailing market in
prescribing rates of interest for investments under
subsection (a)(1) of this section.
``(d)(1) The Secretary of the Treasury shall submit each
fiscal year to the appropriate committees a report detailing
the investment of operating cash under subsection (a) for the
preceding fiscal year. The report shall describe the
Secretary's consideration of risks associated with
investments and the actions taken to manage such risks.
``(2) For purposes of paragraph (1), the term `appropriate
committees' means the Committees on Financial Services and
Ways and Means of the House of Representatives and the
Committees on Finance and Banking, Housing, and Urban Affairs
of the Senate.''.
______

SA 3440. Mr. BINGAMAN 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 IV, add the following:

General Provisions

Sec. 401.(a) Notwithstanding any other provision of this
Act, the amount appropriated under the heading ``limitation
on administrative expenses'' under the heading ``Social
Security Administration'' shall be increased by $90,000,000.
(b) Section 1848(l)(2)(A) of the Social Security Act (42
U.S.C. 1395w-4(1)(2)(A)), as amended by section 6 of the TMA,
Abstinence Education, and QI Programs Extension Act of 2007
(Public Law 110-90), is amended by striking
``$1,350,000,000'' and inserting ``$70,000,000, but in no
case shall expenditures from the Fund in fiscal year 2008
exceed $720,000,000'' in the first sentence.
(c) Section 323 of title 31, United States Code, is amended
to read as follows:

``Sec. 323. Investment of operating cash

``(a) To manage United States cash, the Secretary of the
Treasury may invest any part of the operating cash of the
Treasury for not more than 90 days. The Secretary may invest
the operating cash of the Treasury in--
``(1) obligations of depositories maintaining Treasury tax
and loan accounts secured by pledged collateral acceptable to
the Secretary;
``(2) obligations of the United States Government; and
``(3) repurchase agreements with parties acceptable to the
Secretary.
``(b) Subsection (a) of this section does not require the
Secretary to invest a cash balance held in a particular
account.
``(c) The Secretary shall consider the prevailing market in
prescribing rates of interest for investments under
subsection (a)(1) of this section.
``(d)(1) The Secretary of the Treasury shall submit each
fiscal year to the appropriate committees a report detailing
the investment of operating cash under subsection (a) for the
preceding fiscal year. The report shall describe the
Secretary's consideration of risks associated with
investments and the actions taken to manage such risks.
``(2) For purposes of paragraph (1), the term `appropriate
committees' means the Committees on Financial Services and
Ways and Means of the House of Representatives and the
Committees on Finance and Banking, Housing, and Urban Affairs
of the Senate.''.
______

SA 3441. Mrs. BOXER 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:

At the appropriate place in title II, insert the following:
Sec. __. (a) Not later than 90 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall offer to enter into a contract with the
National Academy of Sciences under which the Academy shall
complete--
(1) not later than 20 months after the date of enactment of
this Act, a report to assess the toxicological,
epidemiological, and related scientific evidence on the
effects of lead on sensitive subpopulations, particularly
children, including--
(A) an examination of the relationships of blood lead
levels, including levels below 10 micrograms lead per
deciliter of blood, with deficits in cognitive functioning
and other health effects, including public health impacts;
(B) a review of estimates, trends, and distributions of
lead exposures in children and other sensitive
subpopulations;
(C) an identification of the scientific basis for
residential lead standards, practices for lead sampling in
buildings, and data gaps; and
(D) recommendations for future research; and
(2) not later than 2 years after the date of enactment of
this Act, a report to assess existing and forthcoming
research on the links between chemical contaminants and
reproductive health, including--
(A) a review of developmental effects, including effects on
fetal development and long-term effects that may be
manifested in adults in the form of infertility, impaired
fertility, and related conditions;
(B) a review of the current state of efforts by
practitioners to compile environmental histories of patients
with reproductive disorders, including infertility, poor
pregnancy outcomes, and reproductive tract abnormalities and
cancers;
(C) a review of available research on the value of
environmental histories;
(D) guidance for health care professionals as to the most
effective methods of compiling environmental histories
described in subparagraph (C); and
(E) criteria for determining the reproductive and
developmental toxicity of chemicals, including early
indicators of potential reproductive and developmental
toxicity.
(b) The Secretary shall use to pay the cost of completing
the report under subsection (a)(1) $750,000, and to pay the
cost of completing the report under subsection (a)(2)
$1,000,000, which amounts shall be derived by transfer, on a
pro rata basis, from each account from which travel expenses
for the Department of Labor, the Department of Health and
Human Services, and the Department of Education are paid, so
as to decrease the overall amounts available for those travel
expenses by $1,750,000.
______

SA 3442. Mrs. HUTCHISON (for herself and Mr. Cornyn) 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:

At the appropriate place insert the following:

SECTION 1. RECAPTURE OF UNUSED EMPLOYMENT-BASED VISA NUMBERS.

(a) In General.--Section 106(d) of the American
Competitiveness in the Twenty-first Century Act of 2000
(Public Law 106-313; 8 U.S.C. 1153 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1994, 1996, 1997, 1998'' after
``available in fiscal year'';
(B) by striking ``or 2004'' and inserting ``2004, or
2006''; and
(C) by striking ``be available'' and all that follows and
inserting the following: ``be available only to--
``(A) employment-based immigrants under paragraph (1), (2),
and (3)(A)(i) and (ii) of section 203(b) of the Immigration
and Nationality Act (8 U.S.C. 1153(b));
``(B) the family members accompanying or following to join
such employment-based immigrants under section 203( d) of
such Act (8 U.S.C. 1153(d));
``(C) those immigrant workers who had petitions approved
based on Schedule A, Group I under section 656.5 of title 20,
Code of Federal Regulations, as promulgated by the Secretary
of Labor; and
``(D) aliens seeking immigrant visas who:
(1) are otherwise admissible under the INA;
(2) achieve the highest scores on the Scholastic Aptitude
Test or the American College Testing placement exam
administered in that fiscal year; and
(3) take the exams described in (2) above in the English
language.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``1999 through 2004''
and inserting ``1994, 1996 through 1998, 2001 through 2004,
and 2006''; and
(B) in subparagraph (B), by amending clause (ii) to read as
follows:
``Distribution of visas.--The total number of visas made
available under paragraph (1) from unused visas from the
fiscal years

[[Page S13165]]

1994, 1996 through 1998, 2001 through 2004, and 2006 shall be
distributed as follows:
``(I) The total number of visas made available for
immigrant workers who had petitions approved based on
Schedule A, Group I under section 656.5 of title 20, Code of
Federal Regulations, as promulgated by the Secretary of
Labor, shall not be less than 61,000.
``(II) The total number of visas made available for
qualifying immigrants under paragraph (1)(D) of section
106(d) of the American Competitiveness in the Twenty-first
Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note),
as amended by this Act shall not be greater than 17,000.
``(III) The total number of visas remaining from the total
made available under paragraph (1) shall be allocated to
employment-based immigrants with approved petitions under
paragraph (1), (2), or (3)(A)(i) and (ii) of section 203(b)
of the Immigration and Nationality Act (8 U.S.C. 1153(b)) and
their family members accompanying or following to join under
section 203(d) of such Act (8 U.S.C. 1153(d)).''.
(3) by adding at the end the following:
``(4) Fee for recapture of unused employment-based
immigrant visas.--
``(A) In general.--In addition to required filing fees, the
Secretary shall impose a $1,500 recapture fee upon each
petitioning employer who uses a visa number recaptured under
this section.
``(B) The fee required under paragraph (A) shall not be
imposed for the use of such visas if the employer
demonstrates to the Secretary that--
``(I) the employer is a health care facility that is
located in a county or parish that received individual and
public assistance pursuant to Major Disaster Declaration
number 1603 or 1607; or
``(II) the employer is a health care facility that has been
designated as a Health Professional Shortage Area facility by
the Secretary of Health and Human Services as defined in
section 332 of the Public Health Service Act (42 U.S.C.
254e).''
``(5) Domestic worker enhancement account.--
``(A) Establishment.--There is established in the general
fund to the Treasury a separate account which shall be known
as the ``Domestic Worker Enhancement Account.''
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under this section.
``(B) Use of funds.--Amounts deposited pursuant to
paragraph 1(C) shall be made available to the Secretary of
Health and Human Services for programs and projects described
in subpart 1 of part A of title VIII of the Public Health
Service Act (42 U.S.C. Sec. Sec. 201 et seq). Amounts
deposited pursuant to paragraph 1(A) and (B) shall be made
available to the Secretary of Labor for programs and projects
described in Workforce Investment Act of 1998 (P.L. 105-220).

SECTION 2. CAPITATION GRANTS TO INCREASE THE NUMBER OF
NURSING FACULTY AND STUDENTS.

Part D of title VIII of the Public Health Service Act (42
U.S.C. 296p et seq.) is amended by adding at the end the
following:

``SEC. 832. CAPITATION GRANTS.

``(a) In General.--For the purpose described in subsection
(b), the Secretary, acting through the Health Resources and
Services Administration, shall award a grant each fiscal year
in an amount determined in accordance with subsection (c) to
each eligible school of nursing that submits an application
in accordance with this section.''
``(b) Purpose.--A funding agreement for a grant under this
section is that the eligible school of nursing involved will
expend the grant to increase the number of nursing faculty
and students at the school, including by hiring new faculty,
retaining current faculty, purchasing educational equipment
and audiovisual laboratories, enhancing clinical
laboratories, repairing and expanding infrastructure, or
recruiting students.
``(c) Grant Computation.--
``(1) Amount per student.--Subject to paragraph (2), the
amount of a grant to an eligible school of nursing under this
section for a fiscal year shall be the total of the
following:
``(A) $1,800 for each full-time or part-time student who is
enrolled at the school in a graduate program in nursing
that--
``(i) leads to a master's degree, a doctoral degree, or an
equivalent degree; and
``(ii) prepares individuals to serve as faculty through
additional course work in education and ensuring competency
in an advanced practice area.
``(B) $1,405 for each full-time or part-time student who--
``(i) is enrolled at the school in a program in nursing
leading to a bachelor of science degree, a bachelor of
nursing degree, a graduate degree in nursing if such program
does not meet the requirements of subparagraph (A), or an
equivalent degree; and
``(ii) has not more than 3 years of academic credits
remaining in the program.
``(C) $966 for each full-time or part-time student who is
enrolled at the school in a program in nursing leading to an
associate degree in nursing or an equivalent degree.
``(2) Limitation.--In calculating the amount of a grant to
a school under paragraph (1), the Secretary may not make a
payment with respect to a particular student--
``(A) for more than 2 fiscal years in the case of a student
described in paragraph (1)(A) who is enrolled in a graduate
program in nursing leading to a master's degree or an
equivalent degree;
``(B) for more than 4 fiscal years in the case of a student
described in paragraph (1)(A) who is enrolled in a graduate
program in nursing leading to a doctoral degree or an
equivalent degree;
``(C) for more than 3 fiscal years in the case of a student
described in paragraph (1)(B); or
``(D) for more than 2 fiscal years in the case of a student
described in paragraph (1)(C).
``(d) Eligibility.--In this section, the term `eligible
school of nursing' means a school of nursing that--
``(1) is accredited by a nursing accrediting agency
recognized by the Secretary of Education;
``(2) has a passage rate on the National Counsel Licensure
Examination for Registered Nurses of not less than 80 percent
for each of the 3 academic years preceding submission of the
grant application; and
``(3) has a graduation rate (based on the number of
students in a class who graduate relative to, for a
baccalaureate program, the number of students who were
enrolled in the class at the beginning of junior year or, for
an associate degree program, the number of students who were
enrolled in the class at the end of the first year) of not
less than 80 percent for each of the 3 academic years
preceding submission of the grant application.
``(c) Requirements.--The Secretary may award a grant under
this section to an eligible school of nursing only if the
school gives assurances satisfactory to the Secretary that,
for each academic year for which the grant is awarded, the
school will comply with the following:
``(1) The school will maintain a passage rate on the
National Council Licensure Examination for Registered Nurses
of not less than 80 percent.
``(2) The school will maintain a graduation rate (as
described in subsection (d)(3)) of not less than 80 percent.
``(3)(A) Subject to subparagraphs (B) and (C), the first
year enrollment of full-time nursing students in the school
will exceed such enrollment for the preceding academic year
by 5 percent or 5 students, whichever is greater.
``(B) Subparagraph (A) shall not apply to the first
academic year for which a school receives a grant under this
section.
``(C) With respect to any academic year, the Secretary may
waive application of subparagraph (A) if--
``(i) the physical facilities at the school involved limit
the school from enrolling additional students; or
``(ii) the school has increased enrollment in the school
(as described in subparagraph (A)) for each of the 2
preceding academic years.
``(4) Not later than 1 year after receiving a grant under
this section, the school will formulate and implement a plan
to accomplish at least 2 of the following:
``(A) Establishing or significantly expanding an
accelerated baccalaureate degree nursing program designed to
graduate new nurses in 12 to 18 months.
``(B) Establishing cooperative intradisciplinary education
among schools of nursing with a view toward shared use of
technological resources, including information technology.
``(C) Establishing cooperative interdisciplinary training
between schools of nursing and schools of allied health,
medicine, dentistry, osteopathy, optometry, podiatry,
pharmacy, public health, or veterinary medicine, including
for the use of the interdisciplinary team approach to the
delivery of health services.
``(D) Integrating core competencies on evidence-based
practice, quality improvements, and patient-centered care.
``(E) Increasing admissions, enrollment, and retention of
qualified individuals who are financially disadvantaged.
``(F) Increasing enrollment of minority and diverse student
populations.
``(G) increasing enrollment of new graduate baccalaureate
residency programs to prepare nurses for practice in
specialty areas where nursing shortages are most severe.
``(I) Increasing integration of geriatric content into the
core curriculum.
``(J) Partnering with economically disadvantaged
communities to provide nursing education.
``(K) Expanding the ability of nurse managed health centers
to provide clinical education training sites to nursing
students.
``(5) The school will submit an annual report to the
Secretary that includes updated information on the school
with respect to student enrollment, student retention,
graduation rates, passage rates on the national Council
Licensure Examination for Registered Nurses, the number of
graduates employed as nursing faculty or nursing care
providers within 12 months of graduation, and the number of
students who are accepted into graduate programs for further
nursing education.
``(6) The school will allow the Secretary to make on-site
inspections, and will comply with the Secretary's request for
information, to determine the extent to which the school is
complying with the requirements of this section.
``(f) Reports to Congress.--The secretary shall evaluate
the results of grants under this section and submit to
Congress--
``(1) not later than 18 months after the date of enactment
of the __ Act of 2007, an interim report on such results.
``(2) not later than September 30, 2010, a final report on
such results.

[[Page S13166]]

``(g) Application.--An eligible school of nursing seeking a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
``(h) Authorization of Appropriations.--The Secretary of
the Treasury shall make available to the Secretary of Health
and Human Services an amount equal to the total amount of
fees collected in the Domestic Worker Enhancement Account,
established under paragraph (5) of section 106(d) of the
American Competitiveness in the Twenty-first Century Act of
2000 (Public Law 106-313; 8 U.S.C. 1153 note) as amended.
(d) Attestation by Health Care Workers.--
(1) Attestation requirement.--Section 212(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is
amended by adding at the end the following:
``(E) Health care workers with other obligations.--
``(i) In general.--An alien who seeks to enter the United
States for the purpose of performing labor as a physician or
other health care worker is inadmissible unless the alien
submits to the Secretary of Homeland Security or the
Secretary of State, as appropriate, an attestation that the
alien is not seeking to enter the United States for such
purpose during any period in which the alien has an
outstanding obligation to the government of the alien's
country of origin or the alien's country of residence.
``(ii) Obligation defined.--In this subparagraph, the term
`obligation' means an obligation incurred as part of a valid,
voluntary individual agreement in which the alien received
financial assistance to defray the costs of education or
training to qualify as a physician or other health care
worker in consideration for a commitment to work as a
physician or other health care worker in the alien's country
of origin or the alien's country of residence.
``(iii) Waiver.--The Secretary of Homeland Security may
waive a finding of inadmissibility under clause (i) if the
Secretary determines that--
``(I) the obligation was incurred by coercion or other
improper means;
``(II) the alien and the government of the country to which
the alien has an outstanding obligation have reached a valid,
voluntary agreement, pursuant to which the alien's obligation
has been deemed satisfied, or the alien has shown to the
satisfaction of the Secretary that the alien has been unable
to reach such an agreement because of coercion or other
improper means; or
``(III) the obligation should not be enforced due to other
extraordinary circumstances, including undue hardship that
would be suffered by the alien in the absence of a waiver.''.
(2) Effective date; application.--
(A) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
(B) Application by the secretary.--Not later than the
effective date described in subparagraph (A), the Secretary
of Homeland Security shall begin to carry out subparagraph
(E) of section 212(a)(5) of the Immigration and Nationality
Act, as added by paragraph (1), including the requirement for
the attestation and the granting of a waiver described in
clause (iii) of such subparagraph (E), regardless of whether
regulations to implement such subparagraph have been
promulgated.
______

SA 3443. Mr. HATCH (for himself and Mr. Bennett) 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. __. (a) The amount appropriated under the heading
``disease control, research, and training'' under the heading
``Centers for Disease Control and Prevention'' in this title
is increased by $1,000,000.
(b) The amount appropriated under the heading ``general
departmental management'' under the heading ``Office of the
Secretary'' in this title is increased by $1,000,000.
(c)(1)(A) The Secretary of Health and Human Services
(acting through the Director of the National Institute for
Occupational Safety and Health) shall conduct, and shall
invite the University of Utah and West Virginia University to
participate in conducting, a study of the recovery of coal
pillars through retreat room and pillar mining practices in
underground coal mines at depths greater than 1500 feet.
(B) The study shall examine the safety implications of
retreat room and pillar mining practices, with emphasis on
the impact of full or partial pillar extraction mining.
(C) The study shall consider, among other things--
(i) the conditions under which retreat mining is used,
including conditions relating to--
(I) seam thickness;
(II) depth of cover;
(III) strength of the mine roof, pillars, and floor; and
(IV) the susceptibility of the mine to seismic activity;
and
(ii) the procedures used to ensure miner safety during
retreat mining.
(2)(A) Not later than 1 year after beginning the study
described in paragraph (1), the Secretary shall submit a
report containing the results of the study to the Committee
on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of
the Senate.
(B) The report shall include recommendations to enhance the
safety of miners working in underground coal mines where
retreat mining in room and pillar operations is utilized.
Among other things, the recommendations shall identify means
of adapting any practical technology to the mining
environment to improve miner protections during mining at
depths greater than 1500 feet, and research needed to develop
improved technology to improve miner protections during
mining at such depths.
(3) Not later than 90 days after the submission of the
report described in paragraph (2) to Congress, the Secretary
of Health and Human Services shall publish a notice in the
Federal Register describing the actions, if any, that the
Secretary intends to take based on the report.
______

SA 3444. Mr. HATCH 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 I, insert the following:
Sec. __. (a) The amount appropriated under the heading
``salaries and expenses'' under the heading ``Mine Safety and
Health Administration'' in this title is increased by
$500,000.
(b) The amount appropriated under the heading ``salaries
and expenses'' under the heading ``Departmental Management''
in this title is decreased by $500,000.
(c)(1) The Secretary of Labor (acting through the Assistant
Secretary of Labor for Mine Safety and Health), in
consultation with the Secretary of Health and Human Services
(acting through the Director of the National Institute for
Occupational Safety and Health) shall, using the increased
funds provided under subsection (a) conduct a study on the
effects of the closure of the Western Mining Technology
Center, closed in 2000. In conducting the study, the
Secretary of Labor shall examine the effect of the Center's
closure on the safety of deep cover mining, and shall provide
an estimate of the resources necessary to establish a new
center, located in the Intermountain West, relating to
western mining technology. In conducting the study, the
Secretary shall consult with interested groups representing
business and labor organizations.
(2) The Secretary of Labor shall submit to the appropriate
commitees of Congress a report containing the results of the
study conducted under paragraph (1).
______

SA 3445. Mr. DORGAN (for himself and Mr. Conrad) 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. __. (a)  In addition to amounts otherwise appropriated
under this Act, there is appropriated, out of any money in
the Treasury not otherwise appropriated, an additional
$3,000,000 for the Centers for Disease Control and Prevention
to make grants under the State Heart Disease and Stroke
Prevention Program.
(b) Amounts made available under this Act for consulting
services for the Department of Labor, the Department of
Health and Human Services, and the Department of Education
shall be further reduced on a pro rata basis by the
percentage necessary to decrease the overall amount of such
spending by $3,000,000.
______

SA 3446. Ms. LANDRIEU 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 85, line 10, strike the colon and insert
``Provided further, That, no less than 25% of the new
grants under the Elementary and Secondary School Counseling
program, shall be awarded to local education agencies that
demonstrate a need for additional counseling services due to
the impact of a federally declared major disaster or
emergency:''

____________________