S.Amdt. 3439Senate110th Congress (2007-2009)

S.Amdt. 3439

Submitted October 19, 2007

Text

Submitted

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

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:''




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Senate amendment submitted

October 19, 2007