S.Amdt. 3560

TEXT OF AMENDMENTS

SA 3544. Mrs. LINCOLN submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1492, after line 23, add the following:

[[Page S14069]]

(d) Eligibility of Certain Aviation Fuel.--Section
40A(f)(3) (defining renewable diesel) is amended by adding at
the end the following new flush sentence:

``The term `renewable diesel' also means fuel derived from
biomass (as defined in section 45K(c)(3)) using a thermal
depolymerization process which meets the requirements of a
Department of Defense specification for military jet fuel or
an American Society of Testing and Materials specification
for aviation turbine fuel.''.
______

SA 3545. Mrs. LINCOLN submitted an amendment intended to be proposed
by her to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

Section 9001(3)(B) of the Farm Security and Rural
Investment Act of 2002 (as amended by section 9001) is
amended by striking clause (iii) and inserting the following:
``(iii) biofuel derived from waste material, including crop
residue, other vegetative waste material, animal waste and
byproducts (including fats, oils, greases, and manure), food
waste, and yard waste;
______

SA 3546. Mr. ROBERTS (for himself and Mr. Brownback) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

Strike section 10101 (relating to definitions) and insert
the following:

SEC. 10101. DEFINITIONS.

Section 3 of the Agricultural Fair Practices Act of 1967 (7
U.S.C. 2302) is amended--
(1) by striking ``When used in this Act--'' and inserting
``In this Act:'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1) through (4) as clauses
(i) through (iv), respectively; and
(B) in clause (iv) (as so redesignated), by striking
``clause (1), (2), or (3) of this paragraph'' and inserting
``clause (i), (ii), or (iii)'';
(3) by striking subsection (d);
(4) by redesignating subsections (a), (b), (c), and (e) as
paragraphs (3), (4), (2), (1), respectively, indenting
appropriately, and moving those paragraphs so as to appear in
numerical order;
(5) in each paragraph (as so redesignated) that does not
have a heading, by inserting a heading, in the same style as
the heading in the amendment made by paragraph (6), the text
of which is comprised of the term defined in the paragraph;
(6) in paragraph (2) (as so redesignated)--
(A) by striking ``The term `association of producers'
means'' and inserting the following:
``(2) Association of producers.--
``(A) In general.--The term `association of producers'
means''; and
(B) by adding at the end the following:
``(B) Inclusion.--The term `association of producers'
includes an organization of agricultural producers dedicated
to promoting the common interest and general welfare of
producers of agricultural products.'';
(7) in paragraph (3) (as so redesignated)--
(A) by striking ``The term'' and inserting the following:
``(3) Handler.--
``(A) In general.--The term''; and
(B) by inserting after clause (iv) of subparagraph (A) (as
redesignated by subparagraph (A) and paragraph (2)) the
following:
``(B) Exclusion.--The term `handler' does not include--
``(i) a producer; or
``(ii) a person, other than a packer (as defined in section
201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)),
that provides custom feeding services for a producer.''; and
(8) by adding at the end the following:
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.''.
______

SA 3547. Mr. ROBERTS (for himself and Mr. Brownback) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

Strike sections 10103 and 10104 and insert the following:

SEC. 10103. ENFORCEMENT.

The Agricultural Fair Practices Act of 1967 is amended--
(1) by striking section 6 (7 U.S.C. 2305);
(2) by redesignating sections 5 and 7 (7 U.S.C. 2304, 2306)
as sections 7 and 8, respectively; and
(3) by inserting after section 4 the following:

``SEC. 5. ENFORCEMENT.

``(a) Civil Actions by the Secretary Against Handlers.--In
any case in which the Secretary has reasonable cause to
believe that a handler or group of handlers has engaged in
any act or practice that violates this Act, the Secretary may
bring a civil action in United States district court by
filing a complaint requesting preventive relief, including an
application for a permanent or temporary injunction,
restraining order, or other order, against the handler.
``(b) Civil Actions Against Handlers.--
``(1) Preventive relief.--
``(A) In general.--In any case in which any handler has
engaged, or there are reasonable grounds to believe that any
handler is about to engage, in any act or practice prohibited
by this Act, a civil action for preventive relief, including
an application for a permanent or temporary injunction,
restraining order, or other order, may be instituted by the
person aggrieved in United States district court.
``(B) Security.--The court may provide that no restraining
order or preliminary injunction shall issue unless security
is provided by the applicant, in such sum as the court
determines to be appropriate, for the payment of such costs
and damages as may be incurred or suffered by any party that
is found to have been wrongfully enjoined or restrained.
``(2) Damages.--
``(A) In general.--Any person injured in the business or
property of the person by reason of any violation of, or
combination or conspiracy to violate, this Act may bring a
civil action in United States district court to recover--
``(i) damages sustained by the person as a result of the
violation; and
``(ii) any additional penalty that the court may allow, but
not more than $1,000 per violation.
``(B) Limitation on actions.--A civil action under
subparagraph (A) shall be barred unless commenced within 4
years after the cause of action accrues.
``(3) Attorneys' fees.--In any action commenced under
paragraph (1) or (2), any person that has violated this Act
shall be liable to any person injured as a result of the
violation for the full amount of the damages sustained as a
result of the violation, including costs of the litigation
and reasonable attorneys' fees.
``(c) Jurisdiction of District Courts.--The district courts
of the United States shall--
``(1) have jurisdiction of proceedings instituted pursuant
to this section; and
``(2) exercise that jurisdiction without regard to whether
the aggrieved party shall have exhausted any administrative
or other remedies that may be provided by law.
``(d) Liability for Acts of Agents.--In the construction
and enforcement of this Act, the act, omission, or failure of
any officer, agent, or person acting for or employed by any
other person within the scope of the employment or office of
the officer, agent, or person, shall be considered to be the
act, omission, or failure of the other person.
``(e) Relationship to State Law.--Nothing in this Act--
``(1) changes or modifies State law in effect on the date
of enactment of this subsection; or
``(2) deprives a State court of jurisdiction.''.

SEC. 10104. RULES AND REGULATIONS.

The Agricultural Fair Practices Act of 1967 is amended by
inserting after section 5 (as amended by section 10103) the
following:

``SEC. 6. RULES AND REGULATIONS.

``The Secretary may promulgate such rules and regulations
as are necessary to carry out this Act, including rules or
regulations necessary to clarify what constitutes fair and
normal dealing for purposes of the selection of customers by
handlers.''.
______

SA 3548. Mr. ROBERTS (for himself and Mr. Brownback) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

Strike subparagraph (A) of section 2(a)(14) of the Packers
and Stockyards Act, 1921 (as amended by section 10203), and
insert the following:
``(A) In general.--The term `production contract' means a
written agreement that--
``(i)(I) provides for the production of livestock or
poultry by a contract producer; or
``(II) provides for the provision of a management service
relating to the production of livestock or poultry by a
contract producer; and
``(ii) contains an investment requirement.''.
______

SA 3549. Mr. ROBERTS (for himself and Mr. Brownback) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

Section 10208 (relating to regulations) is amended--
(1) in subsection (a), by striking the subsection
designation and heading; and

[[Page S14070]]

(2) by striking subsection (b).
______

SA 3550. Mr. ALEXANDER submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 863, strike line 24 and insert the following:
``(j) Sense of Congress.--It is the sense of Congress that,
in developing and deploying broadband technology, Federal,
State, and local officials should, to the maximum extent
practicable, minimize any negative impact on the scenic
beauty of the United States, including through the use of
technology that camouflages, collocates, or conceals
broadband towers.
``(k) Funding.--
On page 865, line 12, strike ``(k)'' and insert ``(l)''.
______

SA 3551. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

In section 401(b)(3) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (as amended by
section 7201(a)), redesignate subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively, and insert before
subparagraph (B) (as so redesignated) the following:
``(A) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to the Account--
``(i) $24,000,000 for fiscal year 2010; and
``(ii) $25,000,000 for each of fiscals year 2011 and 2012.
Strike section 12302.
______

SA 3552. Mr. ALEXANDER (for himself and Mr. Kyl) submitted an
amendment intended to be proposed by him to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1471, strike lines 10 through 22.
______

SA 3553. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

On page 1465, strike line 6 through page 1469, line 13 and
insert the following:

SEC. 12301. CREDIT FOR BUSINESS WIND PROPERTY.

(a) In General.--Section 48(a)(3)(A) (defining energy
property) is amended by striking ``or'' at the end of clause
(iii), by adding ``or'' at the end of clause (iv), and by
inserting after clause (iv) the following new clause:
``(v) qualified small wind energy property,''.
(b) 30 Percent Credit.--Section 48(a)(2)(A)(i) is amended
by striking ``and'' at the end of subclause (II) and by
inserting after subclause (III) the following new subclause:

``(IV) qualified small wind energy property, and''.

(c) Qualified Small Wind Energy Property.--Section 48(c) is
amended--
(1) by inserting ``; Qualified Small Wind Energy Property''
after ``Qualified Microturbine Property'' in the heading,
(2) by striking ``For purposes of this subsection'' and
inserting ``For purposes of this section'',
(3) by striking ``paragraph (1)'' in paragraphs (1)(B) and
(2)(B) and inserting ``subsection (a)(1)'', and
(4) by adding at the end the following new paragraph:
``(3) Qualified small wind energy property.--
``(A) In general.--The term `qualified small wind energy
property' means property which uses a qualifying small wind
turbine to generate electricity, installed on or in
connection with real property which is--
``(i) a farm (within the meaning of section 2032A(e)(4), or
``(ii) a small business (within the meaning of section
44(b)(1)) located in a rural area (within the meaning of
clause (i) or (ii) of section 1400E(a)(2)(B)).
``(B) Limitation.--In the case of qualified small wind
energy property placed in service during the taxable year,
the credit otherwise determined under subsection (a)(1) for
such year with respect to such property shall not exceed
$4,000 with respect to any taxpayer.
``(C) Qualifying small wind turbine.--The term `qualifying
small wind turbine' means a wind turbine which--
``(i) has a nameplate capacity of not more than 100
kilowatts, and
``(ii) meets the performance standards of the American Wind
Energy Association.
``(D) Termination.--The term `qualified small wind energy
property' shall not include any property for any period after
December 31, 2008.''.
(d) Conforming Amendment.--Section 48(a)(1) is amended by
striking ``paragraphs (1)(B) and (2)(B)'' and inserting
``paragraphs (1)(B), (2)(B), and (3)(B)''.
(e) Preemption.--Nothing in this section preempts State or
local laws regarding the zoning, siting, or permitting of
wind turbines.
(f) Effective Date.--The amendments made by this section
shall apply to expenditures after December 31, 2007.
______

SA 3554. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

On page 1465, strike line 6 through page 1469, line 13 and
insert the following:

SEC. 12301. CREDIT FOR RESIDENTIAL AND BUSINESS WIND
PROPERTY.

(a) Residential Wind Property.--
(1) In general.--Section 25D(a) (relating to allowance of
credit) is amended by striking ``and'' at the end of
paragraph (2), by striking the period at the end of paragraph
(3) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(4) 30 percent of the qualified small wind energy
property expenditures made by the taxpayer during such
year.''.
(2) Limitation.--Section 25D(b)(1) (relating to maximum
credit) is amended by striking ``and'' at the end of
subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding at
the end the following new subparagraph:
``(D) $4,000 with respect to any qualified small wind
energy property expenditures.''.
(3) Qualified small wind energy property expenditures.--
(A) In general.--Section 25D(d) (relating to definitions)
is amended by adding at the end the following new paragraph:
``(4) Qualified small wind energy property expenditure.--
The term `qualified small wind energy property expenditure'
means an expenditure for qualified small wind energy property
(as defined in section 48(c)(3)(A)) installed on or in
connection with a dwelling unit and related real property of
greater than 100 acres that is located in the United States
and used as a residence by the taxpayer.''.
(B) No double benefit.--Section 45(d)(1) (relating to wind
facility) is amended by adding at the end the following new
sentence: ``Such term shall not include any facility with
respect to which any qualified small wind energy property
expenditure (as defined in subsection (d)(4) of section 25D)
is taken into account in determining the credit under such
section.''.
(4) Maximum expenditures in case of joint occupancy.--
Section 25D(e)(4)(A) (relating to maximum expenditures) is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end the following new clause:
``(iv) $1,667 in the case of wind turbines for which
qualified small wind energy property expenditures are
made.''.
(b) Business Wind Property.--
(1) In general.--Section 48(a)(3)(A) (defining energy
property) is amended by striking ``or'' at the end of clause
(iii), by adding ``or'' at the end of clause (iv), and by
inserting after clause (iv) the following new clause:
``(v) qualified small wind energy property,''.
(2) 30 percent credit.--Section 48(a)(2)(A)(i) is amended
by striking ``and'' at the end of subclause (II) and by
inserting after subclause (III) the following new subclause:

``(IV) qualified small wind energy property, and''.

(3) Qualified small wind energy property.--Section 48(c) is
amended--
(A) by inserting ``; Qualified Small Wind Energy Property''
after ``Qualified Microturbine Property'' in the heading,
(B) by striking ``For purposes of this subsection'' and
inserting ``For purposes of this section'',
(C) by striking ``paragraph (1)'' in paragraphs (1)(B) and
(2)(B) and inserting ``subsection (a)(1)'', and
(D) by adding at the end the following new paragraph:
``(3) Qualified small wind energy property.--
``(A) In general.--The term `qualified small wind energy
property' means property which uses a qualifying small wind
turbine to generate electricity, installed on or in
connection with real property the area of which is greater
than 100 acres.
``(B) Limitation.--In the case of qualified small wind
energy property placed in service during the taxable year,
the credit otherwise determined under subsection (a)(1) for
such year with respect to such property shall not exceed
$4,000 with respect to any taxpayer.
``(C) Qualifying small wind turbine.--The term `qualifying
small wind turbine' means a wind turbine which--
``(i) has a nameplate capacity of not more than 100
kilowatts, and
``(ii) meets the performance standards of the American Wind
Energy Association.
``(D) Termination.--The term `qualified small wind energy
property' shall not include any property for any period after
December 31, 2008.''.
(4) Conforming amendment.--Section 48(a)(1) is amended by
striking ``paragraphs

[[Page S14071]]

(1)(B) and (2)(B)'' and inserting ``paragraphs (1)(B),
(2)(B), and (3)(B)''.
(c) Preemption.--Nothing in this section preempts State or
local laws regarding the zoning, siting, or permitting of
wind turbines.
(d) Effective Date.--The amendments made by this section
shall apply to expenditures after December 31, 2007.
______

SA 3555. Mr. KOHL (for himself and Ms. Snowe) submitted an amendment
intended to be proposed by him to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

At the end of the bill, insert the following:

TITLE XIII--HOUSING ASSISTANCE COUNCIL

SEC. 13001. SHORT TITLE.

This title may be cited as the ``Housing Assistance Council
Authorization Act of 2007''.

SEC. 13002. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.

(a) Use.--The Secretary of Housing and Urban Development
may provide financial assistance to the Housing Assistance
Council for use by such Council to develop the ability and
capacity of community-based housing development organizations
to undertake community development and affordable housing
projects and programs in rural areas. Assistance provided by
the Secretary under this section may be used by the Housing
Assistance Council for--
(1) technical assistance, training, support, and advice to
develop the business and administrative capabilities of rural
community-based housing development organizations;
(2) loans, grants, or other financial assistance to rural
community-based housing development organizations to carry
out community development and affordable housing activities
for low- and moderate-income families; and
(3) such other activities as may be determined by the
Housing Assistance Council.
(b) Authorization of Appropriations.--There is authorized
to be appropriated for financial assistance under this
section for the Housing Assistance Council--
(1) $10,000,000 for fiscal year 2008; and
(2) $15,000,000 for each of fiscal years 2009, 2010, 2011,
and 2012.
______

SA 3556. Mrs. McCASKILL submitted an amendment intended to be
proposed by her to the bill H.R. 2419, to provide for the continuation
of agricultural programs through fiscal year 2012, and for other
purposes; which was ordered to lie on the table; as follows:

On page 1014, line 9, insert ``(after taking into
consideration recommendations made by the National Academy of
Sciences)'' after ``President''.
______

SA 3557. Mrs. HUTCHISON (for herself and Mr. Harkin) proposed an
amendment to the bill H.R. 3043, making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2008, and for
other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Statement of Appropriations.

LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
APPROPRIATIONS, 2008

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

SEC. 2. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2008.

TITLE I

DEPARTMENT OF LABOR

Employment and Training Administration

Training and Employment Services

(including rescissions)

For necessary expenses of the Workforce Investment Act of
1998 (``WIA''), the Denali Commission Act of 1998, and the
Women in Apprenticeship and Non-Traditional Occupations Act
of 1992, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real
property for training centers as authorized by the WIA;
$3,618,940,000, plus reimbursements, is available. Of the
amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,994,510,000 as
follows:
(A) $864,199,000 for adult employment and training
activities, of which $152,199,000 shall be available for the
period July 1, 2008 to June 30, 2009, and of which
$712,000,000 shall be available for the period October 1,
2008 through June 30, 2009;
(B) $940,500,000 for youth activities, which shall be
available for the period April 1, 2008 through June 30, 2009;
and
(C) $1,189,811,000 for dislocated worker employment and
training activities, of which $341,811,000 shall be available
for the period July 1, 2008 through June 30, 2009, and of
which $848,000,000 shall be available for the period October
1, 2008 through June 30, 2009:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds
may be transferred by a local board if approved by the
Governor;
(2) for federally administered programs, $483,371,000 as
follows:
(A) $282,092,000 for the dislocated workers assistance
national reserve, of which $6,300,000 shall be available on
October 1, 2007, of which $63,792,000 shall be available for
the period July 1, 2008 through June 30, 2009, and of which
$212,000,000 shall be available for the period October 1,
2008 through June 30, 2009: Provided, That up to $125,000,000
may be made available for Community-Based Job Training grants
from funds reserved under section 132(a)(2)(A) of the WIA and
shall be used to carry out such grants under section 171(d)
of such Act, except that the 10 percent limitation otherwise
applicable to the amount of funds that may be used to carry
out section 171(d) shall not be applicable to funds used for
Community-Based Job Training grants: Provided further, That
funds provided to carry out section 132(a)(2)(A) of the WIA
may be used to provide assistance to a State for State-wide
or local use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with emerging
economic development needs; and train such eligible
dislocated workers: Provided further, That funds provided to
carry out section 171(d) of the WIA may be used for
demonstration projects that provide assistance to new
entrants in the workforce and incumbent workers: Provided
further, That $2,600,000 shall be for a noncompetitive grant
to the National Center on Education and the Economy, which
shall be awarded not later than 30 days after the date of
enactment of this Act: Provided further, That $1,500,000
shall be for a non-competitive grant to the AFL-CIO Working
for America Institute, which shall be awarded not later than
30 days after the date of enactment of this Act: Provided
further, That $2,200,000 shall be for a non-competitive grant
to the AFL-CIO Appalachian Council, Incorporated, for Job
Corps career transition services, which shall be awarded not
later than 30 days after the date of enactment of this Act;
(B) $55,039,000 for Native American programs, which shall
be available for the period July 1, 2008 through June 30,
2009;
(C) $82,740,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including $77,265,000
for formula grants (of which not less that 70 percent shall
be for employment and training services), $4,975,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $500,000 for
other discretionary purposes, which shall be available for
the period July 1, 2008 through June 30, 2009: Provided,
That, notwithstanding any other provision of law or related
regulation, the Department shall take no action limiting the
number or proportion of eligible participants receiving
related assistance services or discouraging grantees from
providing such services;
(D) $1,000,000 for carrying out the Women in Apprenticeship
and Nontraditional Occupations Act, which shall be available
for the period July 1, 2008 through June 30, 2009; and
(E) $62,500,000 for YouthBuild activities as described in
section 173A of the WIA, which shall be available for the
period April 1, 2008 through June 30, 2009;
(3) for national activities, $141,059,000, which shall be
available for the period July 1, 2008 through July 30, 2009
as follows:
(A) $50,569,000 for Pilots, Demonstrations, and Research,
of which $5,000,000 shall be for grants to address the
employment and training needs of young parents
(notwithstanding the requirements of sections 171(b)(2)(B) or
171(c)(4)(D) of the WIA): Provided, That funding provided to
carry out projects under section 171 of the WIA that are
identified in the statement of the managers on the conference
report accompanying this Act, shall not be subject to the
requirements of section 171(b)(2)(B) and 171(c)(4)(D) of the
WIA, the joint funding requirements of sections 171(b)(2)(A)
and 171(c)(4)(A) of the WIA, or any time limit requirements
of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
(B) $78,694,000 for ex-offender activities, under the
authority of section 171 of the Act, notwithstanding the
requirements of sections 171(b)(2)(B) or 171(c)(4)(D), of
which not less than $59,000,000 shall be for youthful
offender activities: Provided, That $50,000,000 shall be
available from program year 2007 and program year 2008 funds
for competitive grants to local educational agencies or
community-based organizations to develop and implement
mentoring strategies that integrate educational and
employment interventions designed to prevent youth violence
in schools identified as persistently dangerous under section
9532 of the Elementary and Secondary Education Act;
(C) $4,921,000 for Evaluation under section 172 of the WIA;
and

[[Page S14072]]

(D) $6,875,000 for the Denali Commission, which shall be
available for the period July 1, 2008 through June 30, 2009.
Of the amounts made available under this heading in Public
Law 107-116 to carry out the activities of the National
Skills Standards Board, $44,000 are rescinded.
Of the unexpended balances remaining from funds
appropriated to the Department of Labor under this heading
for fiscal years 2005 and 2006 to carry out the Youth, Adult
and Dislocated Worker formula programs under the Workforce
Investment Act, $245,000,000 are rescinded: Provided, That
the Secretary of Labor may, upon the request of a State,
apply any portion of the State's share of this rescission to
funds otherwise available to the State for such programs
during program year 2007: Provided further, That
notwithstanding any provision of such Act, the Secretary may
waive such requirements as may be necessary to carry out the
instructions relating to this rescission in the statement of
the managers on the conference report accompanying this Act.

community service employment for older americans

To carry out title V of the Older Americans Act of 1965,
$530,900,000, which shall be available for the period July 1,
2008 through June 30, 2009.

federal unemployment benefits and allowances

For payments during fiscal year 2008 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, allowances for job
search and relocation, and related State administrative
expenses under Part II of subchapter B of chapter 2 of title
II of the Trade Act of 1974, $888,700,000, together with such
amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15, 2008.

State Unemployment Insurance and Employment Service Operations

For authorized administrative expenses, $90,517,000,
together with not to exceed $3,337,506,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,510,723,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including $10,000,000 to conduct in-person reemployment and
eligibility assessments in one-stop career centers of
claimants of unemployment insurance), the administration of
unemployment insurance for Federal employees and for ex-
service members as authorized under sections 8501-8523 of
title 5, United States Code, and the administration of trade
readjustment allowances and alternative trade adjustment
assistance under the Trade Act of 1974, and shall be
available for obligation by the States through December 31,
2008, except that funds used for automation acquisitions
shall be available for obligation by the States through
September 30, 2010, and funds used for unemployment insurance
workloads experienced by the States through September 30,
2008 shall be available for Federal obligation through
December 31, 2008;
(2) $10,500,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $693,000,000 from the Trust Fund, together with
$22,883,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2008 through June 30, 2009;
(4) $32,766,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, the
administration of activities, including foreign labor
certifications, under the Immigration and Nationality Act,
and the provision of technical assistance and staff training
under the Wagner-Peyser Act, including not to exceed
$1,228,000 that may be used for amortization payments to
States which had independent retirement plans in their State
employment service agencies prior to 1980;
(5) $52,985,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2008
through June 30, 2009; and
(6) $14,649,000 from the General Fund is to provide for
work incentive grants to the States and shall be available
for the period July 1, 2008 through June 30, 2009:

Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2008 is projected by
the Department of Labor to exceed 2,786,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary of Labor may use
funds appropriated for grants to States under title III of
the Social Security Act to make payments on behalf of States
for the use of the National Directory of New Hires under
section 453(j)(8) of such Act: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance or immigration programs, may be
obligated in contracts, grants, or agreements with non-State
entities: Provided further, That funds appropriated under
this Act for activities authorized under title III of the
Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and
Employment Service automation efforts, notwithstanding cost
allocation principles prescribed under the Office of
Management and Budget Circular A-87.
In addition, $40,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall
be available to conduct in-person reemployment and
eligibility assessments in one-stop career centers of
claimants of unemployment insurance: Provided, That not later
than 180 days following the end of the current fiscal year,
the Secretary shall submit an interim report to the Congress
that includes available information on expenditures, number
of individuals assessed, and outcomes from the assessments:
Provided further, That not later than 18 months following the
end of the fiscal year, the Secretary of Labor shall submit
to the Congress a final report containing comprehensive
information on the estimated savings that result from the
assessments of claimants and identification of best
practices.

advances to the unemployment trust fund and other funds

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

Program Administration

For expenses of administering employment and training
programs, $88,451,000, together with not to exceed
$88,211,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.

Employee Benefits Security Administration

salaries and expenses

For necessary expenses for the Employee Benefits Security
Administration, $142,925,000.

Pension Benefit Guaranty Corporation

pension benefit guaranty corporation fund

The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 4201 et
seq.), within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to
make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act (31 U.S.C. 9104), as may be necessary
in carrying out the program, including associated
administrative expenses, through September 30, 2008, for such
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2008 shall be available for
obligations for administrative expenses in excess of
$411,151,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2008, an amount
not to exceed an additional $9,200,000 shall be available for
obligation for administrative expenses for every 20,000
additional terminated participants: Provided further, That an
additional $50,000 shall be made available for obligation for
investment management fees for every $25,000,000 in assets
received by the Corporation as a result of new plan
terminations, after approval by the Office of Management and
Budget and notification of the Committees on Appropriations
of the House of Representatives and the Senate.

Employment Standards Administration

Salaries and Expenses

(including rescission)

For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection
services rendered, $435,397,000, together with $2,111,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act: Provided, That the
Secretary of Labor is authorized to establish and, in
accordance with 31

[[Page S14073]]

U.S.C. 3302, collect and deposit in the Treasury fees for
processing applications and issuing certificates under
sections 11(d) and 14 of the Fair Labor Standards Act of 1938
and for processing applications and issuing registrations
under title I of the Migrant and Seasonal Agricultural Worker
Protection Act.
Of the unobligated funds collected pursuant to section
286(v) of the Immigration and Nationality Act, $102,000,000
are rescinded.

special benefits

(including transfer of funds)

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

Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under chapter 81 of title 5, United States Code, or the
Longshore and Harbor Workers' Compensation Act, provide as
part of such notice and claim, such identifying information
(including Social Security account number) as such
regulations may prescribe.

special benefits for disabled coal miners

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

Administrative Expenses, Energy Employees Occupational Illness
Compensation Fund

(including transfer of funds)

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

Black Lung Disability Trust Fund

(including transfer of funds)

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

Occupational Safety and Health Administration

Salaries and Expenses

For necessary expenses for the Occupational Safety and
Health Administration, $500,568,000, including not to exceed
$91,093,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary of Labor under section 18 of
the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2008, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or
enforce any standard, rule, regulation, or order under the
Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs 10 or fewer employees: Provided further,
That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard,
rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(DART) occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:

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

[[Page S14074]]

House of Representatives and the Senate with timetables for
the development and issuance of occupational safety and
health standards on beryllium, silica, cranes and derricks,
confined space entry in construction, and hazard
communication global harmonization; such timetables shall
include actual or estimated dates for: the publication of an
advance notice of proposed rulemaking, the commencement and
completion of a Small Business Regulatory Enforcement
Fairness Act review (if required), the completion of any peer
review (if required), the submission of the draft proposed
rule to the Office of Management and Budget for review under
Executive Order No. 12866 (if required), the publication of a
proposed rule, the conduct of public hearings, the submission
of a draft final rule to the Office and Management and Budget
for review under Executive Order No. 12866 (if required), and
the issuance of a final rule; and such report shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate within 90 days of the
enactment of this Act, with updates provided every 90 days
thereafter that shall include an explanation of the reasons
for any delays in meeting the projected timetables for
action.

Mine Safety and Health Administration

Salaries and Expenses

For necessary expenses for the Mine Safety and Health
Administration, $339,893,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities, $2,200,000 for an award to the United Mine
Workers of America, for classroom and simulated rescue
training for mine rescue teams, and $1,215,000 for an award
to the Wheeling Jesuit University, for the National
Technology Transfer Center for a coal slurry impoundment
project; in addition, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room,
board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine
safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and
may utilize such sums for such activities; the Secretary of
Labor is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations; the Secretary is authorized to recognize the
Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law,
may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in
the national organization; and any funds available to the
Department may be used, with the approval of the Secretary,
to provide for the costs of mine rescue and survival
operations in the event of a major disaster.

Bureau of Labor Statistics

Salaries and Expenses

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$488,804,000, together with not to exceed $78,000,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $5,000,000
may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act: Provided, That the
Current Employment Survey shall maintain the content of the
survey issued prior to June 2005 with respect to the
collection of data for the women worker series.

Office of Disability Employment Policy

salaries and expenses

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

Departmental Management

Salaries and Expenses

For necessary expenses for Departmental Management,
including the hire of three sedans, and including the
management or operation, through contracts, grants or other
arrangements of Departmental activities conducted by or
through the Bureau of International Labor Affairs, including
bilateral and multilateral technical assistance and other
international labor activities, $304,856,000, of which
$82,516,000 is for the Bureau of International Labor Affairs
(including $5,000,000 to implement model programs to address
worker rights issues through technical assistance in
countries with which the United States has trade preference
programs), and of which $20,000,000 is for the acquisition of
Departmental information technology, architecture,
infrastructure, equipment, software and related needs, which
will be allocated by the Department's Chief Information
Officer in accordance with the Department's capital
investment management process to assure a sound investment
strategy; together with not to exceed $318,000, which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund.

Office of Job Corps

To carry out subtitle C of title I of the Workforce
Investment Act of 1998, including Federal administrative
expenses, the purchase and hire of passenger motor vehicles,
the construction, alteration and repairs of buildings and
other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment
Act; $1,650,516,000, plus reimbursements, as follows:
(1) $1,507,684,000 for Job Corps Operations, of which
$916,684,000 is available for obligation for the period July
1, 2008 through June 30, 2009 and of which $591,000,000 is
available for obligation for the period October 1, 2008
through June 30, 2009;
(2) $113,960,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $13,960,000 is
available for the period July 1, 2008 through June 30, 2011
and $100,000,000 is available for the period October 1, 2008
through June 30, 2011; and
(3) $28,872,000 for necessary expenses of the Office of Job
Corps is available for obligation for the period October 1,
2007 through September 30, 2008:

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

veterans employment and training

Not to exceed $197,143,000 may be derived from the
Employment Security Administration Account in the
Unemployment Trust Fund to carry out the provisions of
sections 4100-4113, 4211-4215, and 4321-4327 of title 38,
United States Code, and Public Law 103-353, and which shall
be available for obligation by the States through December
31, 2008, of which $1,967,000 is for the National Veterans'
Employment and Training Services Institute. To carry out the
Homeless Veterans Reintegration Programs under section
5(a)(1) of the Homeless Veterans Comprehensive Assistance Act
of 2001 and the Veterans Workforce Investment Programs under
section 168 of the Workforce Investment Act, $31,055,000, of
which $7,435,000 shall be available for obligation for the
period July 1, 2008, through June 30, 2009.

Office of Inspector General

For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $72,929,000, together with not to exceed
$5,729,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.

General Provisions

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

(transfer of funds)

Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. After September 30, 2007, the Secretary of Labor
shall issue a monthly transit subsidy of not less than the
full amount (of not less than $110) that each of its
employees of the National Capital Region is eligible to
receive.
Sec. 105. None of the funds appropriated in this title for
grants under section 171 of the Workforce Investment Act of
1998 may be obligated prior to the preparation and submission
of a report by the Secretary of Labor to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds.
Sec. 106. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be
constructed.
Sec. 107. None of the funds made available to the
Department of Labor for grants under

[[Page S14075]]

section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 may be used for any purpose other
than training in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and
the related activities necessary to support such training:
Provided, That the preceding limitation shall not apply to
grants awarded under section 107 of this title and to multi-
year grants awarded in response to competitive solicitations
issued prior to April 15, 2007.
Sec. 108. None of the funds available in this Act or
available to the Secretary of Labor from other sources for
Community-Based Job Training grants and grants authorized
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 shall be obligated for a
grant awarded on a non-competitive basis.
Sec. 109. The Secretary of Labor shall take no action to
amend, through regulatory or administration action, the
definition established in 20 CFR 667.220 for functions and
activities under title I of the Workforce Investment Act of
1998, or to modify, through regulatory or administrative
action, the procedure for redesignation of local areas as
specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of
that Act, but notwithstanding the time limits specified in
section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the
preceding sentence shall permit or require the Secretary of
Labor to withdraw approval for such redesignation from a
State that received the approval not later than October 12,
2005, or to revise action taken or modify the redesignation
procedure being used by the Secretary in order to complete
such redesignation for a State that initiated the process of
such redesignation by submitting any request for such
redesignation not later than October 26, 2005.
Sec. 110. None of the funds made available in this or any
other Act shall be available to finalize or implement any
proposed regulation under the Workforce Investment Act of
1998, Wagner-Peyser Act of 1933, or the Trade Adjustment
Assistance Reform Act of 2002 until such time as legislation
reauthorizing the Workforce Investment Act of 1998 and the
Trade Adjustment Assistance Reform Act of 2002 is enacted.
Sec. 111. (a) On or before November 30, 2007, the Secretary
of Labor shall, pursuant to section 6 of the Occupational
Safety and Health Act of 1970, promulgate a final
occupational safety and health standard concerning employer
payment for personal protective equipment. The final standard
shall provide no less protection to employees and shall have
no further exceptions from the employer payment requirement
than the proposed rule published in the Federal Register on
March 31, 1999 (64 Fed. Reg. 15402).
(b) In the event that such standard is not promulgated by
the date required, the proposed standard on employer payment
for personal protective equipment published in the Federal
Register on March 31, 1999 (64 Fed. Reg. 15402) shall become
effective as if such standard had been promulgated as a final
standard by the Secretary of Labor.
Sec. 112. None of the funds available in this Act may be
used to carry out a public-private competition or direct
conversion under Office of Management and Budget Circular A-
76 or any successor administrative regulation, directive or
policy until 60 days after the Government Accountability
Office provides a report to the Committees on Appropriations
of the House of Representatives and the Senate on the use of
competitive sourcing at the Department of Labor.
Sec. 113. (a) Not later than June 20, 2008, the Secretary
of Labor shall propose regulations pursuant to section 303(y)
of the Federal Mine Safety and Health Act of 1977, consistent
with the recommendations of the Technical Study Panel
established pursuant to section 11 of the Mine Improvement
and New Emergency Response (MINER) Act (Public Law 109-236),
to require that in any coal mine, regardless of the date on
which it was opened, belt haulage entries not be used to
ventilate active working places without prior approval from
the Assistant Secretary. Further, a mine ventilation plan
incorporating the use of air coursed through belt haulage
entries to ventilate active working places shall not be
approved until the Assistant Secretary has reviewed the
elements of the plan related to the use of belt air and
determined that the plan at all times affords at least the
same measure of protection where belt haulage entries are not
used to ventilate working places. The Secretary shall
finalize the regulations not later than December 31, 2008.
(b) Not later than June 15, 2008, the Secretary of Labor
shall propose regulations pursuant to section 315 of the
Federal Coal Mine Health and Safety Act of 1969, consistent
with the recommendations of the National Institute for
Occupational Safety and Health pursuant to section 13 of the
MINER Act (Public Law 109-236), requiring rescue chambers, or
facilities that afford at least the same measure of
protection, in underground coal mines. The Secretary shall
finalize the regulations not later than December 31, 2008.
Sec. 114. None of the funds appropriated in this Act under
the heading ``Employment and Training Administration'' shall
be used by a recipient or subrecipient of such funds to pay
the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in OMB Circular A-
133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative
cost-of-living in the State, the compensation levels for
comparable State or local government employees, and the size
of the organizations that administer Federal programs
involved including Employment and Training Administration
programs.
This title may be cited as the ``Department of Labor
Appropriations Act, 2008''.

TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

Health Resources and Services

For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act, title
V and sections 1128E, and 711, and 1820 of the Social
Security Act, the Health Care Quality Improvement Act of
1986, the Native Hawaiian Health Care Act of 1988, the
Cardiac Arrest Survival Act of 2000, and section 712 of the
American Jobs Creation Act of 2004, $7,235,468,000, of which
$317,684,000 shall be available for construction and
renovation (including equipment) of health care and other
facilities and other health-related activities as specified
in the statement of the managers on the conference report
accompanying this Act, and of which $38,538,000 from general
revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program under such
section: Provided, That of the funds made available under
this heading, $160,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That $40,000,000 of the funding
provided for community health centers shall be for base grant
adjustments for existing health centers: Provided further,
That in addition to fees authorized by section 427(b) of the
Health Care Quality Improvement Act of 1986, fees shall be
collected for the full disclosure of information under the
Act sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available
until expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information under
the ``Health Care Fraud and Abuse Data Collection Program'',
authorized by section 1128E(d)(2) of the Social Security Act,
shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to
carry out that Act: Provided further, That no more than
$40,000 is available until expended for carrying out the
provisions of 42 U.S.C. 233(o) including associated
administrative expenses and relevant evaluations: Provided
further, That no more than $44,055,000 is available until
expended for carrying out the provisions of Public Law 104-73
and for expenses incurred by the Department of Health and
Human Services pertaining to administrative claims made under
such law: Provided further, That of the funds made available
under this heading, $310,910,000 shall be for the program
under title X of the Public Health Service Act to provide for
voluntary family planning projects: Provided further, That
amounts provided to said projects under such title shall not
be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or
distribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office: Provided further, That of the
funds available under this heading, $1,868,809,000 shall
remain available to the Secretary of Health and Human
Services through September 30, 2010, for parts A and B of
title XXVI of the Public Health Service Act: Provided
further, That within the amounts provided for part A of title
XXVI of the Public Health Service Act, $9,377,000 is
available to the Secretary of Health and Human Services
through September 30, 2010, and shall be made available to
qualifying jurisdictions within 45 days of enactment, for
increasing supplemental grants for fiscal year 2008 to
metropolitan areas that received grant funding in fiscal year
2007 under subpart I of part A of title XXVI of the Public
Health Service Act to ensure that an area's total funding
under subpart I of part A for fiscal year 2007, together with
the amount of this additional funding, is not less than 91.6
percent of the amount of such area's total funding under part
A for fiscal year 2006, and to transitional areas that
received grant funding in fiscal year 2007 under subpart II
of part A of title XXVI of the Public Health Service Act to
ensure that an area's total funding under subpart II of part
A for fiscal year 2007, together with the amount of this
additional funding, is not less than 86.6 percent of the
amount of such area's total funding under part A for fiscal
year 2006: Provided further, That, notwithstanding section
2603(c)(1) of the Public Health Service Act, the additional
funding to areas under the immediately preceding proviso,
which may be used for costs incurred during fiscal year 2007,
shall be available to the area for obligation from the date
of the award through the end of the grant year for

[[Page S14076]]

the award: Provided further, That $822,570,000 shall be for
State AIDS Drug Assistance Programs authorized by section
2616 of the Public Health Service Act: Provided further, That
in addition to amounts provided herein, $25,000,000 shall be
available from amounts available under section 241 of the
Public Health Service Act to carry out Parts A, B, C, and D
of title XXVI of the Public Health Service Act to fund
section 2691 Special Projects of National Significance:
Provided further, That, notwithstanding section 502(a)(1) and
502(b)(1) of the Social Security Act, not to exceed
$103,666,000 is available for carrying out special projects
of regional and national significance pursuant to section
501(a)(2) of such Act and $10,586,000 is available for
projects described in paragraphs (A) through (F) of section
501(a)(3) of such Act: Provided further, That of the funds
provided, $39,283,000 shall be provided to the Denali
Commission as a direct lump payment pursuant to Public Law
106-113: Provided further, That of the funds provided,
$25,000,000 shall be provided for the Delta Health Initiative
as authorized in section 219 of this Act and associated
administrative expenses: Provided further, That
notwithstanding section 747(e)(2) of the PHS Act, not less
than $5,000,000 shall be for general dentistry programs, not
less than $5,000,000 shall be for pediatric dentistry
programs and not less than $24,614,000 shall be for family
medicine programs: Provided further, That of the funds
available under this heading, $12,000,000 shall be provided
for the National Cord Blood Inventory pursuant to the Stem
Cell Therapeutic and Research Act of 2005.

Health Education Assistance Loans Program Account

Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health
Service Act. For administrative expenses to carry out the
guaranteed loan program, including section 709 of the Public
Health Service Act, $2,906,000.

Vaccine Injury Compensation Program Trust Fund

For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims
associated with vaccine-related injury or death with respect
to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the Public Health Service Act,
to remain available until expended: Provided, That for
necessary administrative expenses, not to exceed $6,000,000
shall be available from the Trust Fund to the Secretary of
Health and Human Services.

Centers for Disease Control and Prevention

Disease Control, Research, and Training

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act, sections 101, 102,
103, 201, 202, 203, 301, 501, and 514 of the Federal Mine
Safety and Health Act of 1977, section 13 of the Mine
Improvement and New Emergency Response Act of 2006, sections
20, 21, and 22 of the Occupational Safety and Health Act of
1970, title IV of the Immigration and Nationality Act,
section 501 of the Refugee Education Assistance Act of 1980,
and for expenses necessary to support activities related to
countering potential biological, disease, nuclear,
radiological, and chemical threats to civilian populations;
including purchase and insurance of official motor vehicles
in foreign countries; and purchase, hire, maintenance, and
operation of aircraft, $6,288,289,000, of which $147,000,000
shall remain available until expended for equipment,
construction and renovation of facilities; of which
$568,803,000 shall remain available until expended for the
Strategic National Stockpile; of which $52,500,000 shall be
available until expended to provide screening and treatment
for first response emergency services personnel, residents,
students, and others related to the September 11, 2001
terrorist attacks on the World Trade Center; and of which
$121,541,000 for international HIV/AIDS shall remain
available until September 30, 2009. In addition, such sums as
may be derived from authorized user fees, which shall be
credited to this account: Provided, That in addition to
amounts provided herein, the following amounts shall be
available from amounts available under section 241 of the
Public Health Service Act: (1) $12,794,000 to carry out the
National Immunization Surveys; (2) $116,550,000 to carry out
the National Center for Health Statistics surveys; (3)
$24,751,000 to carry out information systems standards
development and architecture and applications-based research
used at local public health levels; (4) $44,523,000 for
Health Marketing; (5) $31,000,000 to carry out Public Health
Research; and (6) $97,404,000 to carry out research
activities within the National Occupational Research Agenda:
Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease
Control and Prevention may be used, in whole or in part, to
advocate or promote gun control: Provided further, That up to
$31,800,000 shall be made available until expended for
Individual Learning Accounts for full-time equivalent
employees of the Centers for Disease Control and Prevention:
Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502,
section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are to be notified promptly of any such transfer: Provided
further, That not to exceed $19,414,000 may be available for
making grants under section 1509 of the Public Health Service
Act to not less than 15 States, tribes, or tribal
organizations: Provided further, That notwithstanding any
other provision of law, a single contract or related
contracts for development and construction of facilities may
be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract
shall contain the clause ``availability of funds'' found at
48 CFR 52.232-18: Provided further, That of the funds
appropriated, $10,000 is for official reception and
representation expenses when specifically approved by the
Director of the Centers for Disease Control and Prevention:
Provided further, That employees of the Centers for Disease
Control and Prevention or the Public Health Service, both
civilian and Commissioned Officers, detailed to States,
municipalities, or other organizations under authority of
section 214 of the Public Health Service Act, or in overseas
assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any
personnel ceiling applicable to the Agency, Service, or the
Department of Health and Human Services during the period of
detail or assignment: Provided further, That out of funds
made available under this heading for domestic HIV/AIDS
testing, up to $30,000,000 shall be for States eligible under
section 2625 of the Public Health Service Act as of December
31, 2007 and shall be distributed by March 31, 2008 based on
standard criteria relating to a State's epidemiological
profile, and of which not more than $1,000,000 may be made
available to any one State, and any amounts that have not
been obligated by March 31, 2008 shall be used to make grants
authorized by other provisions of the Public Health Service
Act to States and local public health departments for HIV
prevention activities.

National Institutes of Health

National Cancer Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,925,740,000, of
which up to $8,000,000 may be used for facilities repairs and
improvements at the NCI-Frederick Federally Funded Research
and Development Center in Frederick, Maryland.

National Heart, Lung, and Blood Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $3,001,691,000.

National Institute of Dental and Craniofacial Research

For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$399,867,000.

National Institute of Diabetes and Digestive and Kidney Diseases

For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,753,037,000.

National Institute of Neurological Disorders and Stroke

For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,578,210,000.

National Institute of Allergy and Infectious Diseases

(including transfer of funds)

For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,682,585,000: Provided, That $300,000,000 may be
made available to International Assistance Programs ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to
remain available until expended: Provided further, That such
sums obligated in fiscal years 2003 through 2007 for
extramural facilities construction projects are to remain
available until expended for disbursement, with prior
notification of such projects to the Committees on
Appropriations of the House of Representatives and the
Senate.

National Institute of General Medical Sciences

For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,984,879,000.

National Institute of Child Health and Human Development

For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,286,379,000.

National Eye Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $684,126,000.

National Institute of Environmental Health Sciences

For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental
health sciences, $658,258,000.

National Institute on Aging

For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,076,389,000.

National Institute of Arthritis and Musculoskeletal and Skin Diseases

For carrying out section 301 and title IV of the Public
Health Service Act with respect

[[Page S14077]]

to arthritis and musculoskeletal and skin diseases,
$521,459,000.

National Institute on Deafness and Other Communication Disorders

For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $403,958,000.

National Institute of Nursing Research

For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$140,900,000.

National Institute on Alcohol Abuse and Alcoholism

For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $447,245,000.

National Institute on Drug Abuse

For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse,
$1,025,839,000.

National Institute of Mental Health

For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,440,557,000.

National Human Genome Research Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$498,748,000.

National Institute of Biomedical Imaging and Bioengineering

For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $305,884,000.

National Center for Research Resources

For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,182,015,000.

National Center for Complementary and Alternative Medicine

For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $124,647,000.

National Center on Minority Health and Health Disparities

For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $204,542,000.

john e. fogarty international center

For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the Public Health Service Act), $68,216,000.

national library of medicine

For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $329,039,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2008, the National
Library of Medicine may enter into personal services
contracts for the provision of services in facilities owned,
operated, or constructed under the jurisdiction of the
National Institutes of Health: Provided further, That in
addition to amounts provided herein, $8,200,000 shall be
available from amounts available under section 241 of the
Public Health Service Act to carry out the purposes of the
National Information Center on Health Services Research and
Health Care Technology established under section 478A of the
Public Health Service Act and related health services.

Office of the Director

For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $1,145,790,000, of
which up to $25,000,000 shall be used to carry out section
215 of this Act: Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That the National
Institutes of Health is authorized to collect third party
payments for the cost of clinical services that are incurred
in National Institutes of Health research facilities and that
such payments shall be credited to the National Institutes of
Health Management Fund: Provided further, That all funds
credited to such Fund shall remain available for one fiscal
year after the fiscal year in which they are deposited:
Provided further, That no more than $500,000 shall be
available to carry out section 499 of the Public Health
Service Act: Provided further, That $110,900,000 shall be
available for continuation of the National Children's Study:
Provided further, That $531,300,000 shall be available for
the Common Fund established under section 402A(c)(1) of the
Public Health Service Act: Provided further, That of the
funds provided $10,000 shall be for official reception and
representation expenses when specifically approved by the
Director of the National Institutes of Health: Provided
further, That the Office of AIDS Research within the Office
of the Director of the National Institutes of Health may
spend up to $4,000,000 to make grants for construction or
renovation of facilities as provided for in section
2354(a)(5)(B) of the Public Health Service Act.

Buildings and Facilities

For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $130,000,000, to remain available until
expended.

Substance Abuse and Mental Health Services Administration

substance abuse and mental health services

For carrying out titles V and XIX of the Public Health
Service Act (``PHS Act'') with respect to substance abuse and
mental health services, the Protection and Advocacy for
Individuals with Mental Illness Act, and section 301 of the
PHS Act with respect to program management, $3,290,848,000,
of which $19,644,000 shall be available for the projects and
in the amounts specified in the statement of the managers on
the conference report accompanying this Act: Provided, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds
appropriated for carrying out section 520A are available for
carrying out section 1971 of the PHS Act: Provided further,
That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart II of part B of title
XIX; (2) $21,413,000 to carry out subpart I of part B of
title XIX of the PHS Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart I of part B of title
XIX; (3) $19,750,000 to carry out national surveys on drug
abuse; and (4) $4,300,000 to evaluate substance abuse
treatment programs: Provided further, That section 520E(b)(2)
of the Public Health Service Act shall not apply to funds
appropriated under this Act for fiscal year 2008.

Agency for Healthcare Research and Quality

Healthcare Research and Quality

For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made
available pursuant to section 937(c) of the Public Health
Service Act shall not exceed $334,564,000.

Centers for Medicare and Medicaid Services

Grants to States for Medicaid

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

Payments to Health Care Trust Funds

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

Program Management

For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act, and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$3,276,502,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance
Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 302 of the Tax Relief and
Health Care Act of 2006; and such sums as may be collected
from authorized user fees and the sale of data, which shall
remain available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act
shall be credited to and available for carrying out the
purposes of this appropriation: Provided further, That
$49,869,000, to remain available until September 30, 2009, is
for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That
$193,000,000, to remain available

[[Page S14078]]

until September 30, 2009, is for CMS Medicare contracting
reform activities: Provided further, That funds appropriated
under this heading are available for the Healthy Start, Grow
Smart program under which the Centers for Medicare and
Medicaid Services may, directly or through grants, contracts,
or cooperative agreements, produce and distribute
informational materials including, but not limited to,
pamphlets and brochures on infant and toddler health care to
expectant parents enrolled in the Medicaid program and to
parents and guardians enrolled in such program with infants
and children: Provided further, That the Secretary of Health
and Human Services is directed to collect fees in fiscal year
2008 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from
eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of
that Act: Provided further, That $5,140,000 shall be
available for the projects and in the amounts specified in
the statement of the managers on the conference report
accompanying this Act.

HEALTH CARE FRAUD ABUSE AND CONTROL ACCOUNT

In addition to amounts otherwise available for program
integrity and program management, $383,000,000, to be
available until expended, to be transferred from the Federal
Hospital Insurance and the Federal Supplementary Insurance
Trust Funds, as authorized by section 201(g) of the Social
Security Act, of which $249,620,000 is for the Centers for
Medicare and Medicaid Services for carrying out program
integrity activities with respect to title XVIII of such Act,
including activities authorized under the Medicare Integrity
Program under section 1893 of such Act; of which $35,000,000
is for the Centers for Medicare and Medicaid Services for
carrying out Medicaid IPIA Compliance with respect to titles
XIX and XXI of such Act; and of which, for carrying out fraud
and abuse control activities authorized by section 1817(k)(3)
of such Act, $36,690,000 is for the Department of Justice;
$36,690,000 is for the Department of Health and Human
Services Office of the Inspector General; and $25,000,000 is
for the Department of Health and Human Services: Provided,
That the report required by section 1817(k)(5) of such Act
for fiscal year 2008 shall include measures of the
operational efficiency and impact on fraud, waste and abuse
in the Medicare and Medicaid programs of the funds provided
by this appropriation.

Administration for Children and Families

Payments to States for Child Support Enforcement and Family Support
Programs

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

low-income home energy assistance

For making payments under section 2604(a)-(d) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)-
(d)), $1,980,000,000.
For making payments under section 2604(e) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)),
$431,585,000, notwithstanding the designation requirement of
section 2602(e) of such Act.

Refugee and Entrant Assistance

For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and
placement of unaccompanied alien children authorized by title
IV of the Immigration and Nationality Act and section 501 of
the Refugee Education Assistance Act of 1980, for carrying
out section 462 of the Homeland Security Act of 2002, and for
carrying out the Torture Victims Relief Act of 1998,
$652,394,000, of which up to $9,814,000 shall be available to
carry out the Trafficking Victims Protection Act of 2000:
Provided, That funds appropriated under this heading pursuant
to section 414(a) of the Immigration and Nationality Act and
section 462 of the Homeland Security Act of 2002 for fiscal
year 2008 shall be available for the costs of assistance
provided and other activities to remain available through
September 30, 2010.

Payments to States for the Child Care and Development Block Grant

For carrying out the Child Care and Development Block Grant
Act of 1990, $2,094,581,000 shall be used to supplement, not
supplant State general revenue funds for child care
assistance for low-income families: Provided, That
$18,777,370 shall be available for child care resource and
referral and school-aged child care activities, of which
$982,080 shall be for the Child Care Aware toll-free hotline:
Provided further, That, in addition to the amounts required
to be reserved by the States under section 658G, $267,785,718
shall be reserved by the States for activities authorized
under section 658G, of which $98,208,000 shall be for
activities that improve the quality of infant and toddler
care: Provided further, That $9,821,000 shall be for use by
the Secretary for child care research, demonstration, and
evaluation activities.
In addition, $5,000,000, to remain available until
September 30, 2009, shall be for carrying out the small
business child care grant program under section 8303 of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007.

Social Services Block Grant

For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX
of such Act shall be 10 percent.

Children and Families Services Programs

For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 310 and
316 of the Family Violence Prevention and Services Act, the
Native American Programs Act of 1974, title II of the Child
Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), sections 330F and 330G of the
Public Health Service Act, the Lifespan Respite Care Act, the
Abandoned Infants Assistance Act of 1988, sections 261 and
291 of the Help America Vote Act of 2002, part B(1) of title
IV and sections 413, 1110, and 1115 of the Social Security
Act; for making payments under the Community Services Block
Grant Act, sections 439(i), 473B, and 477(i) of the Social
Security Act, and the Assets for Independence Act, and for
necessary administrative expenses to carry out such Acts and
titles I, IV, V, X, XI, XIV, XVI, and XX of the Social
Security Act, the Act of July 5, 1960 (24 U.S.C. chapter 9),
the Low-Income Home Energy Assistance Act of 1981, title IV
of the Immigration and Nationality Act, section 501 of the
Refugee Education Assistance Act of 1980, and section 505 of
the Family Support Act of 1988, $9,220,695,000, of which
$4,400,000, to remain available until September 30, 2009,
shall be for grants to States for adoption incentive
payments, as authorized by section 473A of the Social
Security Act and may be made for adoptions completed before
September 30, 2008: Provided, That $7,042,196,000 shall be
for making payments under the Head Start Act, of which
$1,388,800,000 shall become available October 1, 2008, and
remain available through September 30, 2009: Provided
further, That $706,125,000 shall be for making payments under
the Community Services Block Grant Act: Provided further,
That not less than $8,000,000 shall be for section 680(3)(B)
of the Community Services Block Grant Act: Provided further,
That in addition to amounts provided herein, $6,000,000 shall
be available from amounts available under section 241 of the
Public Health Service Act to carry out the provisions of
section 1110 of the Social Security Act: Provided further,
That to the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity
as provided under the Act, and have not been expended by such
entity, they shall remain with such entity for carryover into
the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That the
Secretary of Health and Human Services shall establish
procedures regarding the disposition of intangible property
which permits grant funds, or intangible assets acquired with
funds authorized under section 680 of the Community Services
Block Grant Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant for purposes and uses consistent with the original
grant: Provided further, That funds appropriated for section
680(a)(2) of the Community Services Block Grant Act shall be
available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by
community development corporations: Provided further, That
$53,625,000 is for a compassion capital fund to provide
grants to charitable organizations to emulate model social
service programs and to encourage research on the best
practices of social service organizations: Provided further,
That $18,820,000 shall be for activities authorized by the
Help America Vote Act of 2002, of which $12,920,000 shall be
for payments to States to promote access for voters with
disabilities, and of which $5,900,000 shall be for payments
to States for protection and advocacy systems for voters with
disabilities: Provided further, That $136,664,000 shall be
for making competitive grants to provide abstinence education
(as defined by section 510(b)(2) of the Social Security Act)
to adolescents, and for Federal costs of administering the
grant: Provided further, That

[[Page S14079]]

grants under the immediately preceding proviso shall be made
only to public and private entities which agree that, with
respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not
provide to that adolescent any other education regarding
sexual conduct, except that, in the case of an entity
expressly required by law to provide health information or
services the adolescent shall not be precluded from seeking
health information or services from the entity in a different
setting than the setting in which abstinence education was
provided: Provided further, That within amounts provided
herein for abstinence education for adolescents, up to
$10,000,000 may be available for a national abstinence
education campaign: Provided further, That in addition to
amounts provided herein for abstinence education for
adolescents, $4,500,000 shall be available from amounts
available under section 241 of the Public Health Service Act
to carry out evaluations (including longitudinal evaluations)
of adolescent pregnancy prevention approaches: Provided
further, That up to $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including
grants to States to support data collection for a study of
the system's effectiveness.

Promoting Safe and Stable Families

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

Payments to States for Foster Care and Adoption Assistance

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

Administration on Aging

Aging Services Programs

For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 and section 398 of the Public
Health Service Act, $1,446,651,000, of which $5,500,000 shall
be available for activities regarding medication management,
screening, and education to prevent incorrect medication and
adverse drug reactions.

Office of the Secretary

General Departmental Management

(including transfer of funds)

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and
for carrying out titles III, XVII, XX, and XXI of the Public
Health Service Act, the Lifespan Respite Care Act, the United
States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act,
$387,070,000, together with $5,851,000 to be transferred and
expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund, and $46,756,000
from the amounts available under section 241 of the Public
Health Service Act to carry out national health or human
services research and evaluation activities: Provided, That
of the funds made available under this heading for carrying
out title XX of the Public Health Service Act, $13,120,000
shall be for activities specified under section 2003(b)(2),
all of which shall be for prevention service demonstration
grants under section 510(b)(2) of title V of the Social
Security Act, as amended, without application of the
limitation of section 2010(c) of said title XX: Provided
further, That of this amount, $51,891,000 shall be for
minority AIDS prevention and treatment activities; and
$5,941,000 shall be to assist Afghanistan in the development
of maternal and child health clinics, consistent with section
103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002;
and $1,000,000 shall be transferred, not later than 30 days
after enactment of this Act, to the National Institute of
Mental Health to administer the Interagency Autism
Coordinating Committee; and $5,500,000 shall be for a Health
Diplomacy Initiative and may be used to carry out health
diplomacy activities such as health training, services,
education, and program evaluation, provided directly, through
grants, or through contracts: Provided further, That specific
information requests from the chairmen and ranking members of
the Subcommittees on Labor, Health and Human Services, and
Education, and Related Agencies, on scientific research or
any other matter, shall be transmitted to the Committees on
Appropriations in a prompt, professional manner and within
the time frame specified in the request: Provided further,
That scientific information, including such information
provided in congressional testimony, requested by the
Committees on Appropriations and prepared by government
researchers and scientists shall be transmitted to the
Committees on Appropriations, uncensored and without delay:
Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide, to individuals
adopting embryos, through grants and other mechanisms,
medical and administrative services deemed necessary for such
adoptions: Provided further, That such services shall be
provided consistent with 42 CFR 59.5(a)(4).

Office of Medicare Hearings and Appeals

For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such
Act), $67,500,000, to be transferred in appropriate part from
the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds.

Office of the National Coordinator for Health Information Technology

For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts and cooperative agreements for the
development and advancement of an interoperable national
health information technology infrastructure, $27,651,000:
Provided, That in addition to amounts provided herein,
$38,500,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
health information technology network development.

Office of Inspector General

For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $45,187,000: Provided, That of
such amount, necessary sums are available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228.

Office for Civil Rights

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

Retirement Pay and Medical Benefits for Commissioned Officers

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

Public Health and Social Services Emergency Fund

(including transfer of funds)

For expenses necessary to support activities related to
countering potential biological, disease, nuclear,
radiological and chemical threats to civilian populations,
and for other public health emergencies, $741,586,000, of
which not to exceed $22,363,000, to remain available until
September 30, 2009, is to pay the costs described in section
319F-2(c)(7)(B) of the Public Health Service Act, and of
which $149,250,000 shall be used to support advanced research
and development of medical countermeasures, consistent with
section 319L of the Public Health Service Act.
For expenses necessary to prepare for and respond to an
influenza pandemic, $763,923,000, of which $685,832,000 shall
be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary
medical supplies, diagnostics, and other surveillance tools:
Provided, That products purchased with these funds may, at
the discretion of the Secretary, be deposited in the
Strategic National Stockpile: Provided further, That
notwithstanding section 496(b) of the Public Health Service
Act, funds may be used for the construction or renovation of
privately owned facilities for the production of pandemic
influenza vaccines and other biologicals, where the Secretary
finds such a contract necessary to secure sufficient supplies
of such vaccines or biologicals: Provided further, That funds
appropriated herein may be transferred to other appropriation
accounts of the Department of Health and Human Services, as
determined by the Secretary to be appropriate, to be used for
the purposes specified in this sentence.

General Provisions

Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary of Health and Human Services.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental
Health Services Administration shall be used to pay the
salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level I.
Sec. 204. None of the funds appropriated in this title for
Head Start shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.

[[Page S14080]]

Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act,
or for other taps and assessments made by any office located
in the Department of Health and Human Services, prior to the
preparation and submission of a report by the Secretary of
Health and Human Services to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary of Health
and Human Services shall determine, but not more than 2.4
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation
(directly, or by grants or contracts) of the implementation
and effectiveness of such programs.

(transfer of funds)

Sec. 207. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between a program, project, or
activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.

(transfer of funds)

Sec. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes and
centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.

(transfer of funds)

Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research
related to the human immunodeficiency virus, as jointly
determined by the Director of the National Institutes of
Health and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public
Health Service Act unless the applicant for the award
certifies to the Secretary that it encourages family
participation in the decision of minors to seek family
planning services and that it provides counseling to minors
on how to resist attempts to coerce minors into engaging in
sexual activities.
Sec. 211. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 212. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
of Health and Human Services denies participation in such
program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the
Secretary shall make appropriate prospective adjustments to
the capitation payment to such an entity (based on an
actuarially sound estimate of the expected costs of providing
the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the
Medicare program's coverage for such services and a Medicare
Advantage organization described in this section shall be
responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 213. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2008, that the State will commit additional State
funds, in accordance with subsection (b), to ensure
compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human
Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2008 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2007,
and adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The
State is to submit a report to the Secretary on all fiscal
year 2007 State expenditures and all fiscal year 2008
obligations for tobacco prevention and compliance activities
by program activity by July 31, 2008.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2008.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926
of the Public Health Service Act from a territory that
receives less than $1,000,000.
Sec. 214. In order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2008:
(1) The Secretary of Health and Human Services (in this
section referred to as the ``Secretary of HHS'') may exercise
authority equivalent to that available to the Secretary of
State in section 2(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary of
HHS shall consult with the Secretary of State and relevant
Chief of Mission to ensure that the authority provided in
this section is exercised in a manner consistent with section
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) and
other applicable statutes administered by the Department of
State.
(2) The Secretary of HHS is authorized to provide such
funds by advance or reimbursement to the Secretary of State
as may be necessary to pay the costs of acquisition, lease,
alteration, renovation, and management of facilities outside
of the United States for the use of the Department of Health
and Human Services. The Department of State shall cooperate
fully with the Secretary of HHS to ensure that the Department
of Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing
location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary of
HHS is authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to
acquire, lease, alter, or renovate facilities in those
countries as necessary to conduct programs of assistance for
international health activities, including activities
relating to HIV/AIDS and other infectious diseases, chronic
and environmental diseases, and other health activities
abroad.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of
Health (in this section referred to as the ``Director of
NIH'') may use funds available under section 402(b)(7) or
402(b)(12) of the Public Health Service Act (42 U.S.C.
282(b)(7), 282(b)(12)) to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out
research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities
described in such section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director of the NIH may utilize such peer
review procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the Public Health Service Act (42 U.S.C. 241(a)(3),
284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c).
Sec. 216. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention (``CDC'') and the Agency for Toxic Substances and
Disease Registry (``ATSDR)'' may be transferred to ``Disease
Control, Research, and Training'', to be available only for
Individual Learning Accounts: Provided, That such funds may
be used for any individual full-time equivalent employee
while such employee is employed either by CDC or ATSDR.
Sec. 217. Notwithstanding any other provisions of law,
funds made available in this Act may be used to continue
operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408.
Sec. 218. The Director of the National Institutes of Health
shall require that all investigators funded by the NIH submit
or have submitted for them to the National Library of
Medicine's PubMed Central an electronic version of their
final, peer-reviewed manuscripts upon acceptance for
publication, to be made publicly available no later than 12
months after the official date of publication: Provided, That
the NIH shall implement the public access policy in a manner
consistent with copyright law.
Sec. 219. (a) The Secretary of Health and Human Services is
authorized to award a grant to the Delta Health Alliance, a
nonprofit alliance of academic institutions in the
Mississippi Delta region that has as its primary purposes
addressing longstanding, unmet health needs and catalyzing
economic development in the Mississippi Delta.

[[Page S14081]]

(b) To be eligible to receive a grant under subsection (a),
the Delta Health Alliance shall solicit and fund proposals
from local governments, hospitals, health care clinics,
academic institutions, and rural public health-related
entities and organizations for research development,
educational programs, health care services, job training, and
planning, construction, and equipment of public health-
related facilities in the Mississippi Delta region.
(c) With respect to the use of grant funds under this
section for construction or major alteration of property, the
Federal interest in the property involved shall last for a
period of 1 year following the completion of the project or
until such time that the Federal Government is compensated
for its proportionate interest in the property if the
property use changes or the property is transferred or sold,
whichever time period is less. At the conclusion of such
period, the Notice of Federal Interest in such property shall
be removed.
(d) There are authorized to be appropriated such sums as
may be necessary to carry out this section in fiscal year
2008 and in each of the five succeeding fiscal years.
Sec. 220. Not to exceed $35,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $2,500,000 per project.
Sec. 221. (a) Prohibition.--With respect to the 2010-2011
influenza season, the Secretary of Health and Human Services
(the Secretary) shall not use or make available any funds for
the administration of any influenza vaccine containing
thimerosal as a preservative (thimerosal-free) to any child
under 3 years of age, unless the Secretary:
(1) finds that there is inadequate supply of thimerosal-
free influenza vaccine for the covered population and for the
respective influenza season; or
(2) finds that an actual or potential public health
situation justifies the use of other influenza vaccine for
children under 3 years of age; and
(3) gives written notice of such findings (and an
explanation of the basis for the findings) to the Congress
and of actions the Secretary is taking to ensure adequate
supply of pediatric thimerosal-free influenza vaccine for the
following influenza season.
(b) Report to Congress.--To improve public confidence in
the safety of vaccines, the Secretary shall submit to the
Congress a plan no later than April 1, 2008--
(1) to work proactively with manufacturers of influenza
vaccine to facilitate the approval of thimerosal-free
influenza vaccine for administration to children under 3
years of age;
(2) to increase the Federal Government's purchases of
thimerosal-free influenza vaccine; and
(3) to take any other actions determined appropriate by the
Secretary to increase the supply of thimerosal-free influenza
vaccine.

(transfer of funds)

Sec. 222. Of the amounts made available in this Act for the
National Institutes of Health, 1 percent of the amount made
available for National Research Service Awards (NRSA) shall
be made available to the Administrator of the Health
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated
with entities who have received grants or contracts under
section 747 of the Public Health Service Act, and 1 percent
of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and
Quality to make NRSA awards for health service research.
Sec. 223. None of the funds made available in this Act may
be used--
(1) for the Ombudsman Program of the Centers for Disease
Control and Prevention; and
(2) by the Centers for Disease Control and Prevention to
provide additional rotating pastel lights, zero-gravity
chairs, or dry-heat saunas for its fitness center.
Sec. 224. There is hereby established in the Treasury of
the United States a fund to be known as the ``Nonrecurring
expenses fund'' (the Fund): Provided, That unobligated
balances of expired discretionary funds appropriated for this
or any succeeding fiscal year from the General Fund of the
Treasury to the Department of Health and Human Services by
this or any other Act may be transferred (not later than the
end of the fifth fiscal year after the last fiscal year for
which such funds are available for the purposes for which
appropriated) into the Fund: Provided further, That amounts
deposited in the Fund shall be available until expended, and
in addition to such other funds as may be available for such
purposes, for capital acquisition necessary for the operation
of the Department, including facilities infrastructure and
information technology infrastructure, subject to approval by
the Office of Management and Budget: Provided further, That
amounts in the Fund may be obligated only after the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
the planned use of funds.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2008''.

TITLE III

DEPARTMENT OF EDUCATION

Education for the Disadvantaged

For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA'') and section 418A of the
Higher Education Act of 1965, $15,930,691,000, of which
$7,611,423,000 shall become available on July 1, 2008, and
shall remain available through September 30, 2009, and of
which $8,136,218,000 shall become available on October 1,
2008, and shall remain available through September 30, 2009,
for academic year 2008-2009: Provided, That $6,808,971,000
shall be for basic grants under section 1124: Provided
further, That up to $4,000,000 of these funds shall be
available to the Secretary of Education on October 1, 2007,
to obtain annually updated local educational-agency-level
census poverty data from the Bureau of the Census: Provided
further, That $1,365,031,000 shall be for concentration
grants under section 1124A: Provided further, That
$3,068,680,000 shall be for targeted grants under section
1125: Provided further, That $3,068,680,000 shall be for
education finance incentive grants under section 1125A:
Provided further, That $9,330,000 shall be to carry out
sections 1501 and 1503: Provided further, That $1,634,000
shall be available for a comprehensive school reform
clearinghouse.

Impact Aid

For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$1,262,778,000, of which $1,126,192,000 shall be for basic
support payments under section 8003(b), $49,466,000 shall be
for payments for children with disabilities under section
8003(d), $17,820,000 shall be for construction under section
8007(b) and shall remain available through September 30,
2009, $64,350,000 shall be for Federal property payments
under section 8002, and $4,950,000, to remain available until
expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of
a payment for an eligible local educational agency under
section 8003(a) for school year 2007-2008, children enrolled
in a school of such agency that would otherwise be eligible
for payment under section 8003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a
parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children
reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section,
provided such students remain in average daily attendance at
a school in the same local educational agency they attended
prior to their change in eligibility status.

School Improvement Programs

For carrying out school improvement activities authorized
by title II, part B of title IV, subparts 6 and 9 of part D
of title V, parts A and B of title VI, and parts B and C of
title VII of the Elementary and Secondary Education Act of
1965 (``ESEA''); the McKinney-Vento Homeless Assistance Act;
section 203 of the Educational Technical Assistance Act of
2002; the Compact of Free Association Amendments Act of 2003;
and the Civil Rights Act of 1964, $5,411,758,000, of which
$3,790,731,000 shall become available on July 1, 2008, and
remain available through September 30, 2009, and of which
$1,435,000,000 shall become available on October 1, 2008, and
shall remain available through September 30, 2009, for
academic year 2008-2009: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation and modernization of any elementary
school, secondary school, or structure related to an
elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further,
That from the funds referred to in the preceding proviso, not
less than $1,250,000 shall be for a grant to the Department
of Education of the State of Hawaii for the activities
described in such proviso, and $1,250,000 shall be for a
grant to the University of Hawaii School of Law for a Center
of Excellence in Native Hawaiian law: Provided further, That
funds made available to carry out part C of title VII of the
ESEA may be used for construction: Provided further, That up
to 100 percent of the funds available to a State educational
agency under part D of title II of the ESEA may be used for
subgrants described in section 2412(a)(2)(B) of such Act:
Provided further, That $58,129,000 shall be available to
carry out section 203 of the Educational Technical Assistance
Act of 2002: Provided further, That $34,376,000 shall be
available to carry out part D of title V of the ESEA:
Provided further, That no funds appropriated under this
heading may be used to carry out section 5494 under the ESEA:
Provided further, That $18,001,000 shall be available to
carry out the Supplemental Education Grants program for the
Federated States of Micronesia and the Republic of the
Marshall Islands: Provided further, That up to 5 percent of
these amounts may be reserved by the Federated States of
Micronesia and the Republic of the Marshall Islands to
administer the Supplemental Education Grants programs and to
obtain technical assistance, oversight and consultancy
services in the administration of these grants and to
reimburse the United States Departments of Labor, Health and
Human Services, and Education for such services: Provided
further,

[[Page S14082]]

That $3,000,000 of the funds available for the Foreign
Language Assistance Program shall be available for 5-year
grants to local educational agencies that would work in
partnership with one or more institutions of higher education
to establish or expand articulated programs of study in
languages critical to United States national security that
will enable successful students to advance from elementary
school through college to achieve a superior level of
proficiency in those languages.

Indian Education

For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $124,000,000.

Innovation and Improvement

For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts
B, C, and D of title V, and section 1504 of the Elementary
and Secondary Education Act of 1965 (``ESEA''),
$1,010,084,000: Provided, That $9,821,000 shall be provided
to the National Board for Professional Teaching Standards to
carry out section 2151(c) of the ESEA: Provided further, That
from funds for subpart 4, part C of title II, up to 3 percent
shall be available to the Secretary for technical assistance
and dissemination of information: Provided further, That
$361,917,000 shall be available to carry out part D of title
V of the ESEA: Provided further, That $103,293,000 of the
funds for subpart 1, part D of title V of the ESEA shall be
available for the projects and in the amounts specified in
the statement of the managers on the conference report
accompanying this Act: Provided further, That $99,000,000 of
the funds for subpart 1 shall be for competitive grants to
local educational agencies, including charter schools that
are local educational agencies, or States, or partnerships
of: (1) a local educational agency, a State, or both; and (2)
at least one non-profit organization to develop and implement
performance-based teacher and principal compensation systems
in high-need schools: Provided further, That such
performance-based compensation systems must consider gains in
student academic achievement as well as classroom evaluations
conducted multiple times during each school year among other
factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided
further, That up to 5 percent of such funds for competitive
grants shall be available for technical assistance, training,
peer review of applications, program outreach and evaluation
activities: Provided further, That of the funds available for
part B of title V, the Secretary shall use up to $24,783,000
to carry out activities under section 5205(b) and under
subpart 2, and shall use not less than $190,000,000 to carry
out other activities authorized under subpart 1.

Safe Schools and Citizenship Education

For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3, and 10
of part D of title V of the Elementary and Secondary
Education Act of 1965 (``ESEA''), $708,835,000, of which
$300,000,000 shall become available on July 1, 2008, and
remain available through September 30, 2009: Provided, That
$300,000,000 shall be available for subpart 1 of part A of
title IV and $222,519,000 shall be available for subpart 2 of
part A of title IV, of which not less than $1,500,000, to
remain available until expended, shall be for the Project
School Emergency Response to Violence (``Project SERV'')
program to provide education-related services to local
educational agencies and to institutions of higher education
in which the learning environment has been disrupted due to a
violent or traumatic crisis: Provided further, That Project
SERV funds appropriated in previous fiscal years may be used
to provide services to local educational agencies and to
institutions of higher education in which the learning
environment has been disrupted due to a violent or traumatic
crisis: Provided further, That $152,998,000 shall be
available to carry out part D of title V of the ESEA:
Provided further, That of the funds available to carry out
subpart 3 of part C of title II, up to $12,072,000 may be
used to carry out section 2345 and $3,025,000 shall be used
by the Center for Civic Education to implement a
comprehensive program to improve public knowledge,
understanding, and support of the Congress and the State
legislatures.

English Language Acquisition

For carrying out part A of title III of the Elementary and
Secondary Education Act of 1965, $722,717,000, which shall
become available on July 1, 2008, and shall remain available
through September 30, 2009, except that 6.5 percent of such
amount shall be available on October 1, 2007, and shall
remain available through September 30, 2009, to carry out
activities under section 3111(c)(1)(C).

Special Education

For carrying out the Individuals with Disabilities
Education Act (``IDEA'') and the Special Olympics Sport and
Empowerment Act of 2004, $12,357,999,000, of which
$5,461,394,000 shall become available on July 1, 2008, and
shall remain available through September 30, 2009, and of
which $6,654,982,000 shall become available on October 1,
2008, and shall remain available through September 30, 2009,
for academic year 2008-2009: Provided, That $13,000,000 shall
be for Recording for the Blind and Dyslexic, Inc., to support
activities under section 674(c)(1)(D) of the IDEA: Provided
further, That $1,500,000 shall be for the recipient of funds
provided by Public Law 105-78 under section 687(b)(2)(G) of
the IDEA (as in effect prior to the enactment of the
Individuals with Disabilities Education Improvement Act of
2004) to provide information on diagnosis, intervention, and
teaching strategies for children with disabilities: Provided
further, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that
activity during fiscal year 2007, increased by the amount of
inflation as specified in section 619(d)(2)(B) of the IDEA,
or the percentage increase in the funds appropriated under
section 611(i) of the IDEA: Provided further, That nothing in
section 674(e) of the IDEA shall be construed to establish a
private right of action against the National Instructional
Materials Access Center for failure to perform the duties of
such center or otherwise authorize a private right of action
related to the performance of such center: Provided further,
That $8,000,000 shall be available to support the 2009
Special Olympics World Winter Games.

Rehabilitation Services and Disability Research

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998 (``the AT Act''), and the Helen Keller National Center
Act, $3,285,985,000, of which $1,000,000 shall be awarded to
the American Academy of Orthotists and Prosthetists for
activities that further the purposes of the grant received by
the Academy for the period beginning October 1, 2003,
including activities to meet the demand for orthotic and
prosthetic provider services and improve patient care:
Provided, That $3,242,000 of the funds for section 303 of the
Rehabilitation Act of 1973 shall be available for the
projects and in the amounts specified in the statement of the
managers on the conference report accompanying this Act.

Special Institutions for Persons With Disabilities

american printing house for the blind

For carrying out the Act of March 3, 1879, $22,000,000.

National Technical Institute for the Deaf

For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$60,757,000, of which $1,705,000 shall be for construction
and shall remain available until expended: Provided, That
from the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.

Gallaudet University

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $115,400,000: Provided, That from
the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207.

Career, Technical, and Adult Education

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006,
the Adult Education and Family Literacy Act, subpart 4 of
part D of title V of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and title VIII-D of the Higher
Education Amendments of 1998, $2,013,329,000, of which
$1,218,252,000 shall become available on July 1, 2008, and
shall remain available through September 30, 2009, and of
which $791,000,000 shall become available on October 1, 2008,
and shall remain available through September 30, 2009:
Provided, That of the amount provided for Adult Education
State Grants, $69,759,000 shall be made available for
integrated English literacy and civics education services to
immigrants and other limited English proficient populations:
Provided further, That of the amount reserved for integrated
English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act,
65 percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share
of a 10-year average of the United States Citizenship and
Immigration Services data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as
measured by the average of the 3 most recent years for which
United States Citizenship and Immigration Services data for
immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount
less than $60,000: Provided further, That of the amounts made
available for the Adult Education and Family Literacy Act,
$7,000,000 shall be for national leadership activities under
section 243 and $6,638,000 shall be for the National
Institute for Literacy under section 242: Provided further,
That $81,532,000 shall be available to support the activities
authorized under subpart 4 of part D of title V of the ESEA,
of which up to 5 percent shall become available October 1,
2007, and shall remain available through September 30, 2009,
for evaluation, technical assistance, school networks, peer
review of applications, and program outreach activities, and
of which not less than 95 percent shall become available on
July 1, 2008, and remain available through September 30,
2009, for grants to local educational agencies: Provided
further, That funds made available to local educational

[[Page S14083]]

agencies under this subpart shall be used only for activities
related to establishing smaller learning communities within
large high schools or small high schools that provide
alternatives for students enrolled in large high schools.

Student Financial Assistance

(including rescission)

For carrying out subparts 1, 3, and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965,
$16,379,883,000, which shall remain available through
September 30, 2009.
The maximum Pell Grant for which a student shall be
eligible during award year 2008-2009 shall be $4,435.
Of the unobligated funds available under section
401A(e)(1)(C) of the Higher Education Act of 1965,
$525,000,000 are rescinded.
For an additional amount to carry out subpart 1 of part A
of title IV of the Higher Education Act of 1965,
$525,000,000, which shall remain available through September
30, 2009.

Student Aid Administration

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

Higher Education

For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the Higher Education
Act of 1965 (``HEA''), section 1543 of the Higher Education
Amendments of 1992, the Mutual Educational and Cultural
Exchange Act of 1961, title VIII of the Higher Education
Amendments of 1998, part I of subtitle A of title VI of the
America COMPETES Act, and section 117 of the Carl D. Perkins
Career and Technical Education Act of 2006, $2,095,608,000:
Provided, That $9,699,000, to remain available through
September 30, 2009, shall be available to fund fellowships
for academic year 2009-2010 under subpart 1 of part A of
title VII of the HEA, under the terms and conditions of such
subpart 1: Provided further, That $620,000 is for data
collection and evaluation activities for programs under the
HEA, including such activities needed to comply with the
Government Performance and Results Act of 1993: Provided
further, That notwithstanding any other provision of law,
funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and
Cultural Exchange Act of 1961 may be used to support visits
and study in foreign countries by individuals who are
participating in advanced foreign language training and
international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That the funds provided for
title II of the HEA shall be allocated notwithstanding
section 210 of such Act: Provided further, That $104,399,000
of the funds for part B of title VII of the Higher Education
Act of 1965 shall be available for the projects and in the
amounts specified in the statement of the managers on the
conference report accompanying this Act.

Howard University

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

College Housing and Academic Facilities Loans Program

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

Historically Black College and University Capital Financing Program
Account

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

Institute of Education Sciences

For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$561,315,000, of which $293,155,000 shall be available until
September 30, 2009.

Departmental Management

Program Administration

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $420,698,000, of which
$3,000,000, to remain available until expended, shall be for
building alterations and related expenses for the move of
Department staff to the Mary E. Switzer building in
Washington, DC.

Office for Civil Rights

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

Office of the Inspector General

For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $53,239,000.

General Provisions

Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.

(transfer of funds)

Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 305. None of the funds made available in this Act may
be used to promulgate, implement, or enforce any revision to
the regulations in effect under section 496 of the Higher
Education Act of 1965 on June 1, 2007, until legislation
specifically requiring such revision is enacted.
Sec. 306. (a) Maintenance of Integrity and Ethical Values
Within Department of Education.--Within 30 days after the
enactment of this Act, the Secretary of Education shall
implement procedures--
(1) to assess whether a covered individual or entity has a
potential financial interest in, or bias towards, a product
or service purchased with, or guaranteed or insured by, funds
administered by the Department of Education or a contracted
entity of the Department; and
(2) to disclose the existence of any such potential
financial interest or bias.
(b) Review by Inspector General.--
(1) Within 30 days after the implementation of the
procedures described in subsection (a), the Inspector General
of the Department of Education shall report to the Committees
on Appropriations of the House of Representatives and the
Senate on the adequacy of such procedures.
(2) Within 1 year, the Inspector General shall conduct at
least 1 audit to ensure that such procedures are properly
implemented and are adequate to uncover and disclose the
existence of potential financial interests or bias described
in subsection (a).
(3) The Inspector General shall report to such Committees
any recommendations for modifications to such procedures that
the Inspector General determines are necessary to uncover and
disclose the existence of such potential financial interests
or bias.
(c) Definition.--For purposes of this section, the term
``covered individual or entity'' means--
(1) an officer or professional employee of the Department
of Education;
(2) a contractor or subcontractor of the Department, or an
individual hired by the contracted entity;
(3) a member of a peer review panel of the Department; or
(4) a consultant or advisor to the Department.
Sec. 307. (a) Notwithstanding section 8013(9)(B) of the
Elementary and Secondary Education Act of 1965, North Chicago
Community Unit School District 187, North Shore District 112,
and Township High School District 113 in Lake County,
Illinois, and Glenview Public School District 34 and
Glenbrook High School District 225 in Cook County, Illinois,
shall be considered local educational agencies as such term
is used in and for purposes of title VIII of such Act.
(b) Notwithstanding any other provision of law, federally
connected children (as determined under section 8003(a) of
the Elementary and Secondary Education Act of 1965) who are
in attendance in the North Shore District 112, Township High
School District 113, Glenview Public School District 34, and
Glenbrook High School District 225 described in subsection
(a), shall be considered to be in attendance in the North
Chicago Community

[[Page S14084]]

Unit School District 187 described in subsection (a) for
purposes of computing the amount that the North Chicago
Community Unit School District 187 is eligible to receive
under subsection (b) or (d) of such section if--
(1) such school districts have entered into an agreement
for such students to be so considered and for the equitable
apportionment among all such school districts of any amount
received by the North Chicago Community Unit School District
187 under such section; and
(2) any amount apportioned among all such school districts
pursuant to paragraph (1) is used by such school districts
only for the direct provision of educational services.
Sec. 308. 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 that
existed on October 1, 2007. With respect to an entity with
which the Secretary of Education had a voluntary flexible
agreement under section 428A of the Higher Education Act of
1965 on October 1, 2007 that is not cost neutral, if the
Secretary terminates such agreement on or after January 1,
2008, the Secretary of Education shall, not later than March
31, 2008, 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.
Sec. 309. Notwithstanding section 102(a)(4)(A) of the
Higher Education Act of 1965, the Secretary of Education
shall not take into account a bankruptcy petition filed in
the United States Bankruptcy Court for the Northern District
of New York on February 21, 2001, in determining whether a
nonprofit educational institution that is a subsidiary of an
entity that filed such petition meets the definition of an
``institution of higher education'' under section 102 of that
Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2008''.

TITLE IV

RELATED AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled

Salaries and Expenses

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

Corporation for National and Community Service

operating expenses

(including transfer of funds)

For necessary expenses for the Corporation for National and
Community Service to carry out the Domestic Volunteer Service
Act of 1973 (``1973 Act'') and the National and Community
Service Act of 1990 (``1990 Act''), $798,065,000, of which
$313,054,000 is to carry out the 1973 Act and $485,011,000 is
to carry out the 1990 Act: Provided, That up to 1 percent of
program grant funds may be used to defray the costs of
conducting grant application reviews, including the use of
outside peer reviewers and electronic management of the
grants cycle: Provided further, That none of the funds made
available under this heading for activities authorized by
section 122 and part E of title II of the 1973 Act shall be
used to provide stipends or other monetary incentives to
program participants or volunteer leaders whose incomes
exceed the income guidelines in subsections 211(e) and 213(b)
of the 1973 Act: Provided further, That notwithstanding
subtitle H of title I of the 1990 Act, none of the funds
provided for quality and innovation activities shall be used
to support salaries and related expenses (including travel)
attributable to Corporation for National and Community
Service employees: Provided further, That of the amounts
provided under this heading: (1) not less than $126,121,000,
to remain available until expended, to be transferred to the
National Service Trust for educational awards authorized
under subtitle D of title I of the 1990 Act: Provided
further, That in addition to these funds, the Corporation may
transfer funds from the amount provided for AmeriCorps grants
under the National Service Trust Program, to the National
Service Trust authorized under subtitle D of title I of the
1990 Act, upon determination that such transfer is necessary
to support the activities of national service participants
and after notice is transmitted to the Congress; (2) not more
than $55,000,000 of funding provided for grants under the
National Service Trust program authorized under subtitle C of
title I of the 1990 Act may be used to administer, reimburse,
or support any national service program authorized under
section 129(d)(2) of such Act; (3) $12,000,000 shall be to
provide assistance to State commissions on national and
community service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(4) of the 1990 Act; and (4)
not less than $5,000,000 shall be for the acquisition,
renovation, equipping and startup costs for a campus located
in Vinton, Iowa and a campus in Vicksburg, Mississippi to
carry out subtitle G of title I of the 1990 Act.

SALARIES AND EXPENSES

For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act
of 1990 and under section 504(a) of the Domestic Volunteer
Service Act of 1973, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, the
employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $68,964,000.

OFFICE OF INSPECTOR GENERAL

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

ADMINISTRATIVE PROVISIONS

Sec. 401. Notwithstanding any other provision of law, the
term ``qualified student loan'' with respect to national
service education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student's cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7)
of the National and Community Service Act.
Sec. 402. Notwithstanding any other provision of law, funds
made available under section 129(d)(5)(B) of the National and
Community Service Act of 1990 to assist entities in placing
applicants who are individuals with disabilities may be
provided to any entity that receives a grant under section
121 of the Act.
Sec. 403. The Inspector General of the Corporation for
National and Community Service shall conduct random audits of
the grantees that administer activities under the AmeriCorps
programs and shall levy sanctions in accordance with standard
Inspector General audit resolution procedures which include,
but are not limited to, debarment of any grantee (or
successor in interest or any entity with substantially the
same person or persons in control) that has been determined
to have committed any substantial violation of the
requirements of the AmeriCorps programs, including any
grantee that has been determined to have violated the
prohibition of using Federal funds to lobby the Congress:
Provided, That the Inspector General shall obtain
reimbursements in the amount of any misused funds from any
grantee that has been determined to have committed any
substantial violation of the requirements of the AmeriCorps
programs.
Sec. 404. The Corporation for National and Community
Service shall make any significant changes to program
requirements, service delivery or policy only through public
notice and comment rulemaking. For fiscal year 2008, during
any grant selection process, an officer or employee of the
Corporation shall not knowingly disclose any covered grant
selection information regarding such selection, directly or
indirectly, to any person other than an officer or employee
of the Corporation that is authorized by the Corporation to
receive such information.
Sec. 405. Professional Corps programs described in section
122(a)(8) of the National and Community Service Act of 1990
may apply to the Corporation for a waiver of application of
section 140(c)(2).
Sec. 406. Notwithstanding section 1342 of title 31, United
States Code, the Corporation may solicit and accept the
services of organizations and individuals (other than
participants) to assist the Corporation in carrying out the
duties of the Corporation under the national service laws:
Provided, That an individual who provides services under this
section shall be subject to the same protections and
limitations as volunteers under section 196(a) of the
National and Community Service Act of 1990.
Sec. 407. Organizations operating projects under the
AmeriCorps Education Awards Program shall do so without
regard to the requirements of sections 121(d) and (e),
131(e), 132, and 140(a), (d), and (e) of the National and
Community Service Act of 1990.
Sec. 408. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first three years
that they receive AmeriCorps funding, and thereafter shall
meet the overall minimum share requirement as provided in
section 2521.60 of title 45, Code of Federal Regulations,
without regard to the operating costs match requirement in
section 121(e) or the member support Federal share
limitations in section 140 of the National and Community
Service Act of 1990, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal
Regulations.

Corporation for Public Broadcasting

For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act,
for the fiscal year 2010, $420,000,000: Provided, That no
funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used
to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That no funds
made available to the Corporation for Public Broadcasting by
this Act shall be used to apply any political test or
qualification in selecting, appointing, promoting, or taking
any other personnel action with respect to officers, agents,
and employees of the Corporation: Provided further, That for
fiscal year 2008, in addition to the amounts provided above,
$29,700,000 shall be for costs related to digital program
production, development, and distribution, associated with

[[Page S14085]]

the transition of public broadcasting to digital
broadcasting, to be awarded as determined by the Corporation
in consultation with public radio and television licensees or
permittees, or their designated representatives: Provided
further, That for fiscal year 2008, in addition to the
amounts provided above, $26,750,000 is available pursuant to
section 396(k)(10) of the Communications Act of 1934 for
replacement and upgrade of the public radio interconnection
system: Provided further, That none of the funds made
available to the Corporation for Public Broadcasting by this
Act, the Continuing Appropriations Resolution, 2007 (Public
Law 110-5), or the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2006 (Public Law 109-149), shall be used to support the
Television Future Fund or any similar purpose.

Federal Mediation and Conciliation Service

Salaries and Expenses

For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it
by the Labor Management Relations Act, 1947, including hire
of passenger motor vehicles; for expenses necessary for the
Labor-Management Cooperation Act of 1978; and for expenses
necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, Public Law 95-454,
$44,450,000, including $650,000 to remain available through
September 30, 2009, for activities authorized by the Labor-
Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of
any projects or functions within the Director's jurisdiction.

Federal Mine Safety and Health Review Commission

Salaries and Expenses

For expenses necessary for the Federal Mine Safety and
Health Review Commission, $8,096,000.

Institute of Museum and Library Services

Office of Museum and Library Services: Grants and Administration

For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $277,131,000: Provided, That funds may be made
available for support through inter-agency agreement or grant
to commemorative 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.

Medicare Payment Advisory Commission

salaries and expenses

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

National Commission on Libraries and Information Science

Salaries and Expenses

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

National Council on Disability

Salaries and Expenses

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

National Labor Relations Board

Salaries and Expenses

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

National Mediation Board

salaries and expenses

For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $12,992,000, of which $750,000 shall be for
arbitrator salaries and expenses pursuant to section 153(1).

Occupational Safety and Health Review Commission

Salaries and Expenses

For expenses necessary for the Occupational Safety and
Health Review Commission, $10,696,000.

Railroad Retirement Board

dual benefits payments account

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

Federal Payments to the Railroad Retirement Accounts

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

Limitation on Administration

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

Limitation on the Office of Inspector General

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$7,803,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account:
Provided, That none of the funds made available in any other
paragraph of this Act may be transferred to the Office; used
to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities
or services, maintenance services, or administrative services
for the Office; used to pay any salary, benefit, or award for
any personnel of the Office; used to pay any other operating
expense of the Office; or used to reimburse the Office for
any service provided, or expense incurred, by the Office:
Provided further, That funds made available under the heading
in this Act, or subsequent Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Acts, may be used for any audit,
investigation, or review of the Medicare Program.

Social Security Administration

payments to social security trust funds

For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m), 217(g), 228(g), and
1131(b)(2) of the Social Security Act, $28,140,000.

Supplemental Security Income Program

For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $27,014,000,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2009,
$14,800,000,000, to remain available until expended.

limitation on administrative expenses

For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $15,000 for official
reception and representation expenses, not more than
$9,522,953,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $2,000,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2008
not needed for fiscal year 2008 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this

[[Page S14086]]

information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section
7131 of title 5, United States Code, and for facilities or
support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the
Treasury, with interest, from amounts in the general fund not
otherwise appropriated, as soon as possible after such
expenditures are made.
From funds provided under the first paragraph, not less
than $263,970,000 shall be available for conducting
continuing disability reviews under titles II and XVI of the
Social Security Act and for conducting redeterminations of
eligibility under title XVI of the Social Security Act.
In addition to amounts made available above, and subject to
the same terms and conditions, $213,000,000, for additional
continuing disability reviews and redeterminations of
eligibility.
In addition, $135,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2008
exceed $135,000,000, the amounts shall be available in fiscal
year 2009 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act (Public Law 108-203), which shall remain
available until expended.

Office of Inspector General

(including transfer of funds)

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $27,000,000, together with not to exceed
$68,047,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate.

TITLE V

GENERAL PROVISIONS

Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any
State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
expenses''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to carry out
any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
Sec. 506. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 509. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act (21 U.S.C. 812) except
for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
2(b)) providing for, or providing for the assignment of, a
unique health identifier for an individual (except in an
individual's capacity as an employer or a health care
provider), until legislation is enacted specifically
approving the standard.
Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.

[[Page S14087]]

Sec. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section
2441(a) of such Act, as amended by the Children's Internet
Protection Act and the No Child Left Behind Act, unless the
local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2)
of such section.
Sec. 516. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;

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

unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier.
Sec. 517. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate scientific information that is
deliberately false or misleading.
Sec. 518. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2008 that are different than those specified in
this Act, the accompanying detailed table in the committee
report, or the fiscal year 2008 budget request.
Sec. 519. None of the funds made available by this Act may
be used to carry out the evaluation of the Upward Bound
program described in the absolute priority for Upward Bound
Program participant selection and evaluation published by the
Department of Education in the Federal Register on September
22, 2006 (71 Fed. Reg. 55447 et seq.).
Sec. 520. None of the funds in this Act may be used to
employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act.
Sec. 521. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$100,000 in value and awarded by the Department on a non-
competitive basis during each quarter of fiscal year 2008,
but not to include grants awarded on a formula basis. Such
report shall include the name of the contractor or grantee,
the amount of funding, and the governmental purpose. Such
report shall be transmitted to the Committees within 30 days
after the end of the quarter for which the report is
submitted.
Sec. 522. Not later than 30 days after the date of
enactment of this Act, the Departments, agencies, and
commissions funded under this Act, shall establish and
maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 524. Section 1848(l)(2)(A) of the Social Security Act,
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
``$1,200,000,000, but in no case shall expenditures from the
Fund in fiscal year 2008 exceed $650,000,000'' in the first
sentence.
Sec. 525. Iraqi and Afghan aliens granted special immigrant
status under section 101(a)(27) of the Immigration and
Nationality Act shall be eligible for resettlement
assistance, entitlement programs, and other benefits
available to refugees admitted under section 207 of such Act
for a period not to exceed 6 months.
Sec. 526. None of the funds appropriated by this Act may be
used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 527. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process claims for credit for quarters of coverage based
on work performed under a social security account number that
was not the claimant's number which is an offense prohibited
under section 208 of the Social Security Act.
This Act may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2008''.
______

SA 3558. Mr. INOUYE (for himself and Mr. Akaka) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

On page 1192, strike line 13 and insert the following:

``SEC. 9023. SUGAR ETHANOL LOAN GUARANTEE PROGRAM.

``(a) In General.--The Secretary shall guarantee the timely
payment of 100 percent of the principal and interest due on
loans made to finance each of 2 projects under this section
to demonstrate the feasibility and viability of the
commercial production of ethanol derived from sugarcane,
sugarcane bagasse, and other sugarcane byproducts as feed
stocks.
``(b) Requirement.--To receive a loan guarantee under this
section, an applicant shall provide to the Secretary
assurances satisfactory to the Secretary that--
``(1) the project design has been validated through the
operation of a continuous production facility;
``(2) the project has been subject to a full technical
review;
``(3) the project, with the loan guarantee, will be
economically viable;
``(4) the project includes an operating cane mill the
production of which, as of the date of the enactment of this
Act, is subject to allotment under section 359c(e)(2) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359cc(e)(2));
and
``(5) there is reasonable assurance of repayment of the
loan.
``(c) Limitations.--
``(1) In general.--Except as provided in paragraph (2), a
loan guarantee under this section--
``(A) may be issued for up to 80 percent of the estimated
cost of the project; but
``(B) shall not exceed $100,000,000 for any 1 project.

[[Page S14088]]

``(2) Additional guarantees.--The Secretary may issue an
additional loan guarantee under this section to cover the
lesser of--
``(A) 80 percent of the excess of the actual project cost
over the estimated project cost; or
``(B) 10 percent of the amount guaranteed under paragraph
(1).
``(3) Maximum term of loan guarantee.--The Secretary shall
determine the maximum term of a loan guarantee provided under
this section.
``(d) Grants.--To carry out this section, not later than 5
years after the date of enactment of this Act, the Secretary
shall make 2 grants, each of which shall be in the amount of
$10,000,000, for 2 demonstration projects, consistent with
the requirements of subsection (b)(4).
``(e) Administration.--The Secretary shall use the funds,
facilities, and authorities of the Commodity Credit
Corporation to carry out this section.

``SEC. 9024. FUTURE FARMSTEADS PROGRAM.

______

SA 3559. Mr. INOUYE (for himself and Mr. Akaka) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

On page 213, strike lines 6 and 7 and insert the following:
``(3) Exception.--Paragraph (1) does not apply to a payment
described in paragraph (2)(B) if the payment is made to an
individual or entity in connection with any farming,
ranching, or forestry operation carried out in the State of
Hawaii.
``(4) Income derived from farming, ranching, or forestry
operations.--In determining
______

SA 3560. Mr. INOUYE (for himself, Mr. Akaka, Mr. Stevens, and Ms.
Murkowski) submitted an amendment intended to be proposed to amendment
SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus,
and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

On page 778, between lines 2 and 3, insert the following:

SEC. 60__. GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS.

(a) In General.--The Consolidated Farm and Rural
Development Act is amended by inserting after section 344 (7
U.S.C. 1992) the following:

``SEC. 345. GEOGRAPHICALLY DISADVANTAGED FARMERS AND
RANCHERS.

``(a) Definitions.--In this section:
``(1) Agricultural commodity.--The term `agricultural
commodity' has the meaning given the term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
``(2) Geographically disadvantaged farmer or rancher.--The
term `geographically disadvantaged farmer or rancher' has the
meaning given the term in section 10906(a) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 2204
note; Public Law 107-171).
``(b) Authorization.--
``(1) In general.--Subject to paragraph (2) and the
availability of funds under subsection (d), for each fiscal
year, the Secretary may provide geographically disadvantaged
farmers or ranchers direct reimbursement payments for
activities described in subsection (c).
``(2) Limitation.--The total amount of direct reimbursement
payments provided by the Secretary under this section shall
not exceed $15,000,000 for each fiscal year.
``(c) Transportation.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may provide direct reimbursement payments to a
geographically disadvantaged farmer or rancher to transport
an agricultural commodity, or inputs used to produce an
agricultural commodity, during a fiscal year.
``(2) Proof of eligibility.--To be eligible to receive
assistance under paragraph (1), farmer or rancher shall
provide to the Secretary proof (as determined by the
Secretary) that transportation or the agricultural commodity
or inputs occurred over a distance of more than 30 miles.
``(3) Amount.--The amount of direct reimbursement payments
made to a geographically disadvantaged farmer or rancher
under a subsection for a fiscal year shall equal the product
obtained by multiplying--
``(A) the amount of costs incurred by the farmer or rancher
for transportation of the agricultural commodity or inputs
during the fiscal year; and
``(B) the percentage of the allowance for that fiscal year
made under section 5941 of title 5, United States Code, for
Federal employees stationed in Alaska and Hawaii.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(b) Effective Date.--The amendment made by subsection (a)
takes effect on October 1, 2007.
______

SA 3561. Ms. MURKOWSKI (for herself, Mr. Stevens, Ms. Cantwell, Mr.
Smith, and Mrs. Murray) submitted an amendment intended to be proposed
by her to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. ___. TAX TREATMENT OF INCOME RECEIVED IN CONNECTION WITH
THE EXXON VALDEZ LITIGATION.

(a) Income Averaging of Amounts Received From the Exxon
Valdez Litigation.--For purposes of section 1301 of the
Internal Revenue Code of 1986--
(1) any qualified taxpayer who receives any qualified
settlement income in any taxable year shall be treated as
engaged in a fishing business (determined without regard to
the commercial nature of the business), and
(2) such qualified settlement income shall be treated as
income attributable to such a fishing business for such
taxable year.
(b) Contributions of Amounts Received to Retirement
Accounts.--
(1) In general.--Any qualified taxpayer who receives
qualified settlement income during the taxable year may, at
any time before the end of the taxable year in which such
income was received, make one or more contributions to an
eligible retirement plan of which such qualified taxpayer is
a beneficiary in an aggregate amount not to exceed $250,000.
(2) Time when contributions deemed made.--For purposes of
paragraph (1), a qualified taxpayer shall be deemed to have
made a contribution to an eligible retirement plan on the
last day of the taxable year in which such income is received
if the contribution is made on account of such taxable year
and is made not later than the time prescribed by law for
filing the return for such taxable year (not including
extensions thereof).
(3) Treatment of contributions to eligible retirement
plans.--For purposes of the Internal Revenue Code of 1986, if
a contribution is made pursuant to paragraph (1) with respect
to qualified settlement income, then--
(A) except as provided in paragraph (4)--
(i) to the extent of such contribution, the qualified
settlement income shall not be included in taxable income,
and
(ii) for purposes of section 72 of such Code, such
contribution shall not be considered to be investment in the
contract, and
(B) the qualified taxpayer shall, to the extent of the
amount of the contribution, be treated--
(i) as having received the qualified settlement income--

(I) in the case of a contribution to an individual
retirement plan (as defined under section 7701(a)(37) of such
Code), in a distribution described in section 408(d)(3) of
such Code, and
(II) in the case of any other eligible retirement plan, in
an eligible rollover distribution (as defined under section
402(f)(2) of such Code), and

(ii) as having transferred the amount to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Special rule for roth iras and roth 401(k)s.--For
purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to paragraph (1) with respect
to qualified settlement income to a Roth IRA (as defined
under section 408A(b) of such Code) or as a designated Roth
contribution to an applicable retirement plan (within the
meaning of section 402A of such Code), then--
(A) the qualified settlement income shall be includible in
taxable income, and
(B) for purposes of section 72 of such Code, such
contribution shall be considered to be investment in the
contract.
(5) Eligible retirement plan.--For purpose of this
subsection, the term ``eligible retirement plan'' has the
meaning given such term under section 402(c)(8)(B) of the
Internal Revenue Code of 1986.
(c) Treatment of Qualified Settlement Income Under
Employment Taxes.--
(1) SECA.--For purposes of chapter 2 of the Internal
Revenue Code of 1986 and section 211 of the Social Security
Act, no portion of qualified settlement income received by a
qualified taxpayer shall be treated as self-employment
income.
(2) FICA.--For purposes of chapter 21 of the Internal
Revenue Code of 1986 and section 209 of the Social Security
Act, no portion of qualified settlement income received by a
qualified taxpayer shall be treated as wages.
(d) Qualified Taxpayer.--For purposes of this section, the
term ``qualified taxpayer'' means--
(1) any individual who is a plaintiff in the civil action
In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D.
Alaska); or
(2) any individual who is a beneficiary of the estate of
such a plaintiff who--
(A) acquired the right to receive qualified settlement
income from that plaintiff; and
(B) was the spouse or an immediate relative of that
plaintiff.
(e) Qualified Settlement Income.--For purposes of this
section, the term ``qualified settlement income'' means any
interest and punitive damage awards which are --
(1) includible in taxable income, and

[[Page S14089]]

(2) received (whether as lump sums or periodic payments) in
connection with the civil action In re Exxon Valdez, No. 89-
095-CV (HRH) (Consolidated) (D. Alaska) (whether pre- or post
judgment and whether related to a settlement or judgment).
______

SA 3562. Ms. MURKOWSKI (for herself and Mr. Stevens) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

On page 1115, strike line 8 and insert the following:
improvements and renewable energy systems (including small
hydroelectric systems, as determined by the Secretary); and
______

SA 3563. Mr. BINGAMAN (for himself, Mr. Brownback, Mr. Allard, Mr.
Domenici, Mr. Salazar, and Mr. Johnson) submitted an amendment intended
to be proposed to amendment SA 3500 proposed by Mr. Harkin (for
himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R.
2419, to provide for the continuation of agricultural programs through
fiscal year 2012, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 2359 and insert the following:

SEC. 2359. GROUND AND SURFACE WATER CONSERVATION.

Section 1240I of the Food Security Act of 1985 (16 U.S.C.
3839aa-9) is amended by striking subsection (c) and inserting
the following:
``(c) Funding.--
``(1) Availability of funds.--Of the funds of the Commodity
Credit Corporation, in addition to amounts made available
under section 1241(a) to carry out this chapter, the
Secretary shall use $60,000,000 for each of fiscal years 2008
through 2012.
``(2) Funding for certain states.--Of the funds made
available under paragraph (1), the Secretary shall provide to
each State the boundaries of which encompass a multistate
aquifer from which documented groundwater withdrawals exceed
16,000,000,000 gallons per day, for water conservation or
irrigation practices, an amount equal to not less than the
greater of--
``(A) $3,000,000; or
``(B) the simple average of amounts allocated to producers
in the State under this section for the period of fiscal
years 2002 through 2007.''.
______

SA 3564. Mr. BINGAMAN (for himself, Mr. Allard, Mr. Domenici, Mr.
Salazar, and Mr. Smith) submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 462, line 2, strike ``may'' and insert ``shall''.
On page 474, strike lines 9 through 25 and insert the
following:
``(7) Funding.--
``(A) Set aside.--
``(i) In general.--Of the funds provided for each of fiscal
years 2008 through 2012 to carry out the conservation
programs in subtitle D (excluding the conservation reserve
program, the conservation stewardship program, and the
wetlands reserve program), the Secretary shall reserve 10
percent for use for activities under this section.
``(ii) Conservation stewardship program.--Of the acres
allocated for the conservation stewardship program for each
of fiscal years 2008 through 2012, the Secretary shall
reserve 10 percent for use for activities under this section.
``(B) Unused funds.--Any funds reserved for a fiscal year
under subparagraph (A) that are not obligated by April 1 of
that fiscal year may be used to carry out any other activity
under a conservation program under subtitle D during the
remainder of that fiscal year.
``(C) Overhead and administrative costs ineligible.--No
overhead or administrative cost of a partner shall be covered
by funds provided pursuant to this paragraph.
``(D) Eastern snake plain aquifer pilot project.--
``(i) In general.--Notwithstanding subparagraph (B), of
amounts available under subparagraph (A), the Secretary shall
reserve not less than $2,000,000, to remain available until
expended, for regional water conservation activities in the
Eastern Snake Aquifer region.
``(ii) Approval.--The Secretary may approve regional water
conservation activities under this subparagraph that address,
in whole or in part, water quality issues.''.
______

SA 3565. Mr. DURBIN (for Mr. Lieberman (for himself and Ms. Collins))
proposed an amendment to the bill S. 680, to ensure proper oversight
and accountability in Federal contracting, and for other purposes; as
follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Accountability in Government
Contracting Act of 2007''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

TITLE I--ACQUISITION WORKFORCE

Sec. 101. Federal acquisition workforce.

TITLE II--COMPETITION AND ACCOUNTABILITY

Sec. 201. Requirement for purchase of property and services pursuant to
multiple award contracts.
Sec. 202. Statement of work requirements for certain task or delivery
orders.
Sec. 203. Protests of task and delivery orders.
Sec. 204. Publication of justification and approval documents.
Sec. 205. Limitation on length of certain noncompetitive contracts.
Sec. 206. Prohibition on award of certain large task or delivery order
contracts for services.
Sec. 207. Guidance on use of tiered evaluations of offers for contracts
and task orders under contracts.
Sec. 208. Guidance on use of cost-reimbursement contracts.
Sec. 209. Preventing conflicts of interest.
Sec. 210. Linking of award and incentive fees to acquisition outcomes.

TITLE III--ACCOUNTABILITY AND ADMINISTRATION

Sec. 301. Definitizing of letter contracts.
Sec. 302. Preventing abuse of interagency contracts and assisted
acquisition services.
Sec. 303. Purchase card waste elimination.
Sec. 304. Lead systems integrators.
Sec. 305. Limitations on tiering of subcontractors.
Sec. 306. Responsibility of contractors that are serious threats to
national security.
Sec. 307. Required certification of program managers for Department of
Homeland Security level one programs.
Sec. 308. Elimination of one-year limitation on interest due on late
payments to contractors.
Sec. 309. Ensuring that Federal employees perform inherently
governmental work.
Sec. 310. Report on Acquisition Advisory Panel report implementation.
Sec. 311. Report by the Government Accountability Office.
Sec. 312. Mapping and surveying services.
Sec. 313. Timely and accurate transmission of information included in
Federal Procurement Data System.
Sec. 314. Use of existing funds for regulations and reports.

SEC. 3. DEFINITIONS.

In this Act:
(1) Except as otherwise provided, the term ``executive
agency'' has the meaning given such term in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403).
(2) The term ``assisted acquisition'' means a procedure by
which an executive agency needing supplies or services (the
requesting agency) obtains them from another executive agency
(the servicing agency). The term includes acquisitions under
section 1535 of title 31, United States Code (commonly
referred to as the ``Economy Act''), title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
251 et seq.), the Clinger-Cohen Act of 1996 (division E of
Public Law 104-106), and the Government Management Reform Act
of 1994 (Public Law 103-356; 108 Stat. 3410).
(3) The term ``micro-purchase'' means a purchase in an
amount not in excess of the micro-purchase threshold, as
defined in section 32 of the Office of Federal Procurement
Policy Act (41 U.S.C. 428).
(4) The term ``multi-agency contract'' means any contract
available for use by more than 1 executive agency.

TITLE I--ACQUISITION WORKFORCE

SEC. 101. FEDERAL ACQUISITION WORKFORCE.

(a) Associate Administrator for Acquisition Workforce
Programs.--Section 6 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405) is amended by adding at the end
the following new subsection:
``(l) The Administrator shall designate a member of the
Senior Executive Service as the Associate Administrator for
Workforce Programs. The Associate Administrator for Workforce
Programs shall be located in the Federal Acquisition
Institute, or its successor. The Associate Administrator
shall be responsible for--
``(1) supervising the acquisition workforce training fund
established under section 37(h)(3);
``(2) administering the government-wide acquisition intern
program established under section 43;
``(3) developing, in coordination with Chief Acquisition
Officers and Chief Human Capital Officers, a human capital
strategic plan for the acquisition workforce of the Federal
Government;

[[Page S14090]]

``(4) reviewing and providing input to individual agency
acquisition workforce succession plans;
``(5) recommending to the Administrator and other senior
government officials appropriate programs, policies, and
practices to increase the quantity and quality of the Federal
acquisition workforce; and
``(6) carrying out such other functions as the
Administrator may assign.''.
(b) Government-Wide Acquisition Intern Program.--The Office
of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is
amended by adding at the end the following new section:

``SEC. 43. GOVERNMENT-WIDE ACQUISITION INTERN PROGRAM.

``(a) Establishment of Program.--The Administrator shall
establish a government-wide Acquisition Intern Program to
strengthen the Federal acquisition workforce to carry out its
key missions through the Federal procurement process. The
Administrator shall have a goal of involving not less than
200 college graduates per year in the Acquisition Intern
Program.
``(b) Administration of Programs.--The Associate
Administrator for Acquisition Workforce Programs designated
under section 6(l) shall be responsible for the management,
oversight, and administration of the Acquisition Intern
Program and shall give strong consideration to utilizing
existing similar programs and seek to build upon those
programs instead of replacing them or creating new programs.
``(c) Terms of Acquisition Intern Program.--
``(1) Business-related course work requirement.--
``(A) In general.--Each participant in the Acquisition
Intern Program shall have completed 24 credit hours of
business-related college course work by not later than 3
years after admission into the program.
``(B) Certification criteria.--The Administrator shall
establish criteria for certifying the completion of the
course work requirement under subparagraph (A).
``(2) Structure of program.--The Acquisition Intern Program
shall consist of one year of preparatory education and
training in Federal procurement followed by 3 years of on-
the-job training and development focused on Federal
procurement but including rotational assignments in other
functional areas.
``(3) Employment status of interns.--Interns participating
in the Acquisition Intern Program shall be considered
probationary employees without civil service protections
under chapter 33 of title 5, United States Code. In
administering any personnel ceiling applicable to an
executive agency or a unit of an executive agency, an
individual assigned as an intern under the program shall not
be counted.
``(4) Agency management of program.--The Chief Acquisition
Officer of each executive agency, in consultation with the
Chief Human Capital Officer of such agency, shall establish a
central intern management function in the agency to supervise
and manage interns participating in the Acquisition Intern
Program.''.
(c) Contingency Contracting Corps.--The Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.), as amended by
subsection (b), is further amended by adding at the end the
following new section:

``SEC. 44. CONTINGENCY CONTRACTING CORPS.

``(a) Establishment.--The Administrator shall establish a
government-wide Contingency Contracting Corps (in this
section, referred to as the `Corps'). The members of the
Corps shall be available for deployment in responding to
disasters, natural and man-made, and contingency operations
both within and outside the continental United States.
``(b) Membership.--Membership in the Corps shall be
voluntary and open to all Federal employees, including
uniformed members of the Armed Services, who are currently
members of the Federal acquisition workforce.
``(c) Education and Training.--The Administrator may
establish additional educational and training requirements,
and may pay for these additional requirements from funds
available in the acquisition workforce training fund.
``(d) Clothing and Equipment.--The Administrator shall
identify any necessary clothing and equipment requirements,
and may pay for this clothing and equipment from funds
available in the acquisition workforce training fund.
``(e) Salary.--The salaries for members of the Corps shall
be paid by their parent agencies out of existing
appropriations.
``(f) Authority To Deploy the Corps.--The Administrator, or
the Administrator's designee, shall have the authority to
determine when members of the Corps shall be deployed, in
consultation with the head of the agency or agencies
employing the members to be deployed.
``(g) Annual Report.--
``(1) In general.--The Administrator shall provide to the
Committee on Homeland Security and Governmental Affairs and
the Committee on Armed Services of the Senate and the
Committee on Oversight and Government Reform and the
Committee on Armed Services of the House of Representatives
an annual report on the status of the Contingency Contracting
Corps.
``(2) Content.--At a minimum, each report under paragraph
(1) shall include the number of members of the Contingency
Contracting Corps, the fully burdened cost of operating the
program, the number of deployments of members of the program,
and the performance of members of the program in
deployment.''.
(d) Acquisition and Contracting Training Programs.--The
head of each executive agency, after consultation with the
Associate Administrator for Acquisition Workforce Programs,
shall establish and operate acquisition and contracting
training programs. Such programs shall--
(1) have curricula covering a broad range of acquisition
and contracting disciplines corresponding to the specific
acquisition and contracting needs of the agency involved;
(2) be developed and applied according to rigorous
standards; and
(3) be designed to maximize efficiency, through the use of
self-paced courses, online courses, on-the-job training, and
the use of remote instructors, wherever such features can be
applied without reducing the effectiveness of the training or
negatively impacting academic standards.
(e) Government-Wide Policies and Evaluation.--The
Administrator shall issue policies to promote the development
of performance standards for training and uniform
implementation of this subsection by executive agencies, with
due regard for differences in program requirements among
agencies that may be appropriate and warranted in view of the
agency mission. The Administrator shall evaluate the
implementation of the provisions of subsection (d) by
executive agencies.
(f) Chief Acquisition Officer Authorities and
Responsibilities.--Subject to the authority, direction, and
control of the head of an executive agency, the Chief
Acquisition Officer of such agency shall carry out all
powers, functions, and duties of the head of the agency with
respect to implementation of subsection (d). The Chief
Acquisition Officer shall ensure that the policies of the
agency head established in accordance with such subsection
are implemented throughout the agency.
(g) Acquisition and Contracting Training Reporting.--The
Administrator shall ensure that the heads of executive
agencies collect and maintain standardized information on the
acquisition and contracting workforce related to the
implementation of subsection (d).
(h) Acquisition Workforce Human Capital Succession Plan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, each Chief Acquisition Officer for
an executive agency appointed pursuant to section 16 of the
Office of Federal Procurement Policy Act (41 U.S.C. 414)
shall develop, in consultation with the Chief Human Capital
Officer for the agency and the Associate Administrator for
Acquisition Workforce Programs, a succession plan consistent
with the agency's strategic human capital plan for the
recruitment, development, and retention of the agency's
acquisition workforce, with a particular focus on warranted
contracting officers and program managers of the agency.
(2) Content of plan.--The acquisition workforce succession
plan shall address--
(A) recruitment goals for personnel from procurement intern
programs;
(B) the agency's acquisition workforce training needs;
(C) actions to retain high performing acquisition
professionals who possess critical relevant skills;
(D) recruitment goals for personnel from the Federal Career
Intern Program; and
(E) recruitment goals for personnel from the Presidential
Management Fellows Program.
(i) Authorization of Appropriations for Acquisition
Programs.--
(1) Authorization.--There is authorized to be appropriated
$5,000,000 for each of fiscal years 2008 and 2009 for the
acquisition workforce training fund.
(2) Use of funds.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall be
used for--
(A) the establishment salary of the Associate Administrator
for Acquisition Workforce Training Programs;
(B) the establishment and operations of the Acquisition
Intern Program and the Contingency Contracting Corps;
(C) the costs of administering the acquisition workforce
training fund, not to exceed 10 percent of the total funds
available in the Fund; and
(D) the equipping, education, and training of participants
in the Acquisition Intern Program, personnel recruited from
the Presidential Management Fellowship Program, personnel
recruited from the Federal Career Intern Program, and
Contingency Contracting Corps Program.
(3) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) shall
remain available until expended.
(j) Elimination of Sunset Provision for Acquisition
Workforce Training Fund.--Section 37(h)(3) of the Office of
Federal Procurement Policy Act (41 U.S.C. 433(h)(3)) is
amended by striking subparagraph (H).
(k) Training in the Acquisition of Architect and
Engineering Services.--The Administrator for Federal
Procurement Policy shall ensure that a sufficient number of
Federal employees are trained in the acquisition of architect
and engineering services.
(l) Extension of Direct Hiring Authority.--Section 1413(b)
of the Services Acquisition Reform Act of 2003 (title XIV of
Public Law 108-136) is amended by striking ``September 30,
2007'' and inserting ``September 30, 2010''.
(m) Qualifications of Chief Acquisition Officers.--Section
16(a) of the Office of Federal Procurement Policy Act (41
U.S.C. 414)

[[Page S14091]]

is amended by adding at the end the following new paragraph:
``(2) Chief Acquisition Officers shall be appointed from
among persons who have an extensive management background.''.
(n) Utilization of Recruitment and Retention Authorities.--
The Administrator for Federal Procurement Policy, in
coordination with the Director of the Office of Personnel
Management, shall encourage agencies to utilize existing
authorities, including direct hire authority and tuition
assistance programs, to recruit and retain acquisition
personnel and consider recruiting acquisition personnel who
may be retiring from the private sector, consistent with
existing laws and regulations.

TITLE II--COMPETITION AND ACCOUNTABILITY

SEC. 201. REQUIREMENT FOR PURCHASE OF PROPERTY AND SERVICES
PURSUANT TO MULTIPLE AWARD CONTRACTS.

(a) Regulations Required.--Not later than 180 days after
the date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall promulgate in the Federal
Acquisition Regulation, regulations requiring competition in
the purchase of property and services by all executive
agencies pursuant to multiple award contracts.
(b) Content of Regulations.--
(1) In general.--The regulations required by subsection (a)
shall provide, at a minimum, that each individual purchase of
property or services in excess of the simplified acquisition
threshold that is made under a multiple award contract shall
be made on a competitive basis unless a contracting officer--
(A) waives the requirement on the basis of a determination
that--
(i) one of the circumstances described in paragraphs (1)
through (4) of section 303J(b) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253j(b)) or
section 2304c(b) of title 10, United States Code, applies to
such individual purchase; or
(ii) a law expressly authorizes or requires that the
purchase be made from a specified source; and
(B) justifies the determination in writing.
(2) Competitive basis procedures.--For purposes of this
subsection, an individual purchase of property or services is
made on a competitive basis only if it is made pursuant to
procedures that--
(A) except as provided in paragraph (3), require fair
notice of the intent to make that purchase (including a
description of the work to be performed and the basis on
which the selection will be made) to be provided to all
contractors offering such property or services under the
multiple award contract; and
(B) afford all contractors responding to the notice a fair
opportunity to make an offer and have that offer fairly
considered by the official making the purchase.
(3) Exception to notice requirement.--
(A) In general.--Notwithstanding paragraph (2)(A), and
subject to subparagraph (B), notice may be provided to fewer
than all contractors offering such property or services under
a multiple award contract as described in subsection
(d)(2)(A) if notice is provided to as many contractors as
practicable.
(B) Limitation on exception.--A purchase may not be made
pursuant to a notice that is provided to fewer than all
contractors under subparagraph (A) unless--
(i) offers were received from at least 3 qualified
contractors; or
(ii) a contracting officer of the executive agency
determines in writing that no additional qualified
contractors were able to be identified despite reasonable
efforts to do so.
(c) Notice Requirements Related to Sole Source Task or
Delivery Orders.--The Administrator for Federal Procurement
Policy shall promulgate regulations in the Federal
Acquisition Regulation requiring the head of each executive
agency--
(1) to publish on FedBizOpps notice of all sole source task
or delivery orders in excess of the simplified acquisition
threshold (as defined by section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)) that are placed
against multiple award contracts or multiple award blanket
purchase agreements not later than 10 days after such orders
are placed, except in the event of extraordinary
circumstances or classified orders; and
(2) to publish on the Internet website of the executive
agency and on FedBizOpps the justification and approval
documents related to sole source task or delivery orders
placed against multiple award contracts or multiple award
blanket purchase agreements not later than 14 days after such
orders are placed, except in the event of extraordinary
circumstances or classified orders.
(d) Definitions.--In this section:
(1) The term ``individual purchase'' means a task order,
delivery order, or other purchase.
(2) The term ``multiple award contract'' means--
(A) a contract that is entered into by the Administrator of
General Services under the multiple award schedule program
referred to in section 2302(2)(C) of title 10, United States
Code;
(B) a multiple award task order contract that is entered
into under the authority of sections 2304a through 2304d of
title 10, United States Code, or sections 303H through 303K
of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253h through 253k); and
(C) any other indefinite delivery, indefinite quantity
contract that is entered into by the head of an executive
agency with 2 or more sources pursuant to the same
solicitation.
(e) Applicability.--The regulations promulgated by the
Administrator for Federal Procurement Policy pursuant to
subsection (a) shall take effect not later than 180 days
after the date of the enactment of this Act and shall apply
to all individual purchases of property or services that are
made under multiple award contracts on or after such
effective date, without regard to whether the multiple award
contracts were entered into before, on, or after such
effective date.

SEC. 202. STATEMENT OF WORK REQUIREMENTS FOR CERTAIN TASK OR
DELIVERY ORDERS.

(a) Civilian Contracts.--Section 303J(c) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253j(c)) is amended to read as follows:
``(c) Statement of Work and Selection Basis.--
``(1) In general.--A task or delivery order shall include a
statement of work that clearly specifies all tasks to be
performed or property to be delivered under the order.
``(2) Task or delivery orders in excess of the threshold
for use of simplified procedures for commercial items.--The
statement of work for a task or delivery order in excess of
the threshold for use of simplified procedures for commercial
items under a task or delivery order contract shall be made
available to each contractor awarded such contract and
shall--
``(A) include a clear statement of the executive agency's
requirements;
``(B) permit a reasonable response period;
``(C) disclose the significant factors and sub-factors that
the executive agency expects to consider in evaluating
proposals, including cost, price, past performance, and the
relative importance of those and other factors;
``(D) in the case of an award that is to be made on a best
value basis, include a written statement documenting the
basis for the award and the relative importance of quality,
past performance, and price or cost factors; and
``(E) provide an opportunity for a post-award debriefing
consistent with the requirements of section 303B(e).''.
(b) Defense Contracts.--Section 2304c(c) of title 10,
United States Code, is amended to read as follows:
``(c) Statement of Work and Selection Basis.--
``(1) In general.--A task or delivery order shall include a
statement of work that clearly specifies all tasks to be
performed or property to be delivered under the order.
``(2) Task or delivery orders in excess of the threshold
for use of simplified procedures for commercial items.--The
statement of work for a task or delivery order in excess of
the threshold for use of simplified procedures for commercial
items under a task or delivery order contract shall be made
available to each contractor awarded such contract and
shall--
``(A) include a clear statement of the agency's
requirements;
``(B) permit a reasonable response period;
``(C) disclose the significant factors and sub-factors that
the agency expects to consider in evaluating proposals,
including cost, price, past performance, and the relative
importance of those and other factors;
``(D) in the case of an award that is to be made on a best
value basis, include a written statement documenting the
basis for the award and the relative importance of quality,
past performance, and price or cost factors; and
``(E) provide an opportunity for a post-award debriefing
consistent with the requirements of section 2305(b)(5) of
this title.''.

SEC. 203. PROTESTS OF TASK AND DELIVERY ORDERS.

(a) Civilian Agency Contracts.--Section 303J(d) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253j(d)) is amended to read as follows:
``(d) Protests.--A protest is not authorized in connection
with the issuance or proposed issuance of a task or delivery
order except for--
``(1) a protest on the ground that the order increases the
scope, period, or maximum value of the contract under which
the order is issued; or
``(2) a protest by an interested party of an order valued
at greater than the threshold established pursuant to section
203(c) of the Accountability in Government Contracting Act of
2007.''.
(b) Defense Contracts.--Section 2304c(d) of title 10,
United States Code is amended to read as follows:
``(d) Protests.--A protest is not authorized in connection
with the issuance or proposed issuance of a task or delivery
order except for--
``(1) a protest on the ground that the order increases the
scope, period, or maximum value of the contract under which
the order is issued; or
``(2) a protest by an interested party of an order valued
at greater than the threshold established pursuant to section
203(c) of the Accountability in Government Contracting Act of
2007.''.
(c) Establishment of Threshold.--The Administrator for
Federal Procurement Policy shall promulgate a rule in the
Federal Acquisition Regulation establishing a threshold for
protests under section 303J(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253j(d)) and

[[Page S14092]]

section 2304c(d) of title 10, United States Code, as amended
by subsections (a) and (b), respectively. The threshold shall
be $5,000,000 unless the Administrator determines that the
threshold is unduly burdensome on executive agencies, in
which case the Administrator may increase the threshold, but
in no case shall the threshold exceed $25,000,000. The
threshold shall be $5,000,000 until a final rule is
promulgated in accordance with such determination.

SEC. 204. PUBLICATION OF JUSTIFICATION AND APPROVAL
DOCUMENTS.

(a) Civilian Contracts.--Section 303(f)(1) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(f)(1)) is amended--
(1) in subparagraph (B)(iii), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) the justification and approval documents are made
publicly available on the Internet website of the agency and
FedBizOpps.''.
(b) Defense Contracts.--Section 2304(f) of title 10, United
States Code, is amended--
(1) in subparagraph (B)(iii), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) the justification and approval documents are made
publicly available on the Internet website of the agency and
FedBizOpps.''.

SEC. 205. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE
CONTRACTS.

(a) Civilian Agency Contracts.--Section 303(d) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253(d)) is amended by adding at the end the following
new paragraph:
``(3)(A) The contract period of a contract described in
subparagraph (B) that is entered into by an executive agency
pursuant to the authority provided under subsection (c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and compelling requirements of
the work to be performed under the contract; and
``(II) for the executive agency to enter into another
contract for the required goods or services through the use
of competitive procedures; and
``(ii) may not exceed 270 days unless the head of the
executive agency entering into such contract determines that
exceptional circumstances apply.
``(B) This paragraph applies to any contract in an amount
greater than the simplified acquisition threshold (as defined
by section 4 of the Office of Federal Procurement Policy Act
(41 U.S.C. 403)).''.
(b) Defense Contracts.--Section 2304(d) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(3)(A) The contract period of a contract described in
subparagraph (B) that is entered into by an agency pursuant
to the authority provided under subsection (c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and compelling requirements of
the work to be performed under the contract; and
``(II) for the agency to enter into another contract for
the required goods or services through the use of competitive
procedures; and
``(ii) may not exceed 270 days unless the head of the
agency entering into such contract determines that
exceptional circumstances apply.
``(B) This paragraph applies to any contract in an amount
greater than the simplified acquisition threshold (as defined
by section 4 of the Office of Federal Procurement Policy Act
(41 U.S.C. 403)).''.

SEC. 206. PROHIBITION ON AWARD OF CERTAIN LARGE TASK OR
DELIVERY ORDER CONTRACTS FOR SERVICES.

(a) Civilian Agency Contracts.--Section 303H(d) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253h(d)) is amended by adding at the end the following
new paragraph:
``(4)(A) No task or delivery order contract for services in
an amount estimated to exceed $100,000,000 (including all
options) may be awarded to a single contractor unless the
head of the executive agency determines in writing that--
``(i) because of the size, scope, or method of performance
of the requirement, it would not be practical to award
multiple task or delivery order contracts;
``(ii) the task orders expected under the contract are so
integrally related that only a single contractor can
reasonably perform the work; or
``(iii) for any other reason, it is necessary in the public
interest to award the contract to a single contractor.
``(B) The head of the executive agency shall notify
Congress within 30 days of any determination under
subparagraph (A)(iii).
``(C) The head of the executive agency shall post the
justification and approval documents related to a
determination under subparagraph (A) on the Internet website
of the agency and on the Federal Business Opportunities
(FedBizOpps) Internet website.''.
(b) Defense Contracts.--Section 2304a(d) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(4)(A) No task or delivery order contract for services in
an amount estimated to exceed $100,000,000 (including all
options) may be awarded to a single contractor unless the
head of the agency determines in writing that--
``(i) because of the size, scope, or method of performance
of the requirement, it would not be practical to award
multiple task or delivery order contracts;
``(ii) the task orders expected under the contract are so
integrally related that only a single contractor can
reasonably perform the work; or
``(iii) for any other reason, it is necessary in the public
interest to award the contract to a single contractor.
``(B) The head of the agency shall notify Congress within
30 days of any determination under subparagraph (A)(iii).
``(C) The head of the agency shall post the justification
and approval documents related to a determination under
subparagraph (A) on the Internet website of the agency and on
the Federal Business Opportunities (FedBizOpps) Internet
website.''.

SEC. 207. GUIDANCE ON USE OF TIERED EVALUATIONS OF OFFERS FOR
CONTRACTS AND TASK ORDERS UNDER CONTRACTS.

(a) Guidance Required.--The Administrator for Federal
Procurement Policy shall prescribe guidance for executive
agencies on the use of tiered evaluations of offers for
contracts and for task or delivery orders under contracts. In
prescribing such guidance, the Administrator shall give full
consideration to the guidance prescribed by the Secretary of
Defense under section 816 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
10 U.S.C. 2305).
(b) Elements.--The guidance prescribed under subsection (a)
shall include a prohibition on the initiation by a
contracting officer of a tiered evaluation of an offer for a
contract or for a task or delivery order under a contract
unless the contracting officer--
(1) has conducted market research in accordance with part
10 of the Federal Acquisition Regulation in order to
determine whether or not a sufficient number of qualified
small businesses are available to justify limiting
competition for the award of such contract or task or
delivery order under applicable law and regulations;
(2) is unable, after conducting market research under
paragraph (1), to make the determination described in that
paragraph; and
(3) includes in the contract file a written explanation of
why such contracting officer was unable to make such
determination.

SEC. 208. GUIDANCE ON USE OF COST-REIMBURSEMENT CONTRACTS.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator for Federal
Procurement Policy shall promulgate in the Federal
Acquisition Regulation, regulations outlining the proper use
of cost-reimbursement contracts.
(b) Content.--The regulations promulgated under subsection
(a) shall include at minimum guidance regarding--
(1) when and under what circumstances cost reimbursement
contracts are appropriate;
(2) the acquisition plan findings necessary to support a
decision to use cost reimbursement contracts; and
(3) the acquisition workforce resources necessary to award
and manage cost reimbursement contracts.
(c) Inspector General Review.--The Inspector General for
each executive agency shall develop and submit as part of its
annual audit plan a review of the use of cost reimbursement
contracts.

SEC. 209. PREVENTING CONFLICTS OF INTEREST.

(a) Organizational Conflicts of Interest.--The
Administrator for Federal Procurement Policy shall create
new, uniform, government-wide policies aimed at preventing
and mitigating organizational conflicts of interest in
Federal contracting, including--
(1) considering development of a standard organizational
conflict of interest clause, or a set of standard
organizational conflict of interest clauses, for inclusion in
solicitations and contracts that set forth the contractor's
responsibilities with respect to its employees,
subcontractors, partners, and any other affiliated
organizations or individuals;
(2) addressing conflicts that may arise in the context of
developing requirements and statements of work, the selection
process, and contract administration;
(3) ensuring that adequate organizational conflict of
interest safeguards are enacted in situations in which
contractors are employed by the Federal Government to oversee
other contractors or are hired to assist in the acquisition
process;
(4) ensuring that any policies or clauses developed address
conflicts of interest that may arise from financial
interests, unfair competitive advantages, and impaired
objectivity; and
(5) maintaining a repository of best practices relating to
the prevention of organizational conflicts of interest.
(b) Personal Conflicts of Interest.--The Administrator for
Federal Procurement Policy shall create new, uniform,
government-wide policies aimed at preventing personal
conflicts of interest by contractor employees in Federal
contracting, including--
(1) determining whether greater disclosure, specific
prohibitions, or reliance on specified principles will
accomplish the end objective of ethical behavior;

[[Page S14093]]

(2) identifying types of contracts that raise heightened
concerns for potential conflicts of interest;
(3) considering the development of a standard ethics clause
or a set of standard ethics clauses that set forth the
contractor's responsibility for inclusion in solicitations
and contracts; and
(4) maintaining a repository of best practices relating to
the prevention of personal conflicts of interest.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator for Federal
Procurement Policy shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report on actions taken under this section.

SEC. 210. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION
OUTCOMES.

(a) Guidance on Linking of Award and Incentive Fees to
Acquisition Outcomes.--Not later than 180 days after the date
of the enactment of this Act, the Administrator for Federal
Procurement Policy shall issue guidance, with detailed
implementation instructions (including definitions), for
executive agencies on the appropriate use of award and
incentive fees in Federal acquisition programs.
(b) Elements.--The guidance under subsection (a) shall--
(1) ensure that all new contracts using award fees link
such fees to acquisition outcomes (which shall be defined in
terms of program cost, schedule, and performance);
(2) establish standards for identifying the appropriate
level of officials authorized to approve the use of award and
incentive fees in new contracts;
(3) provide guidance on the circumstances in which
contractor performance may be judged to be ``excellent'' or
``superior''and the percentage of the available award fee
which contractors should be paid for such performance;
(4) establish standards for determining the percentage of
the available award fee, if any, which contractors should be
paid for performance that is judged to be ``acceptable'',
``average'', ``expected'', ``good'', or ``satisfactory'';
(5) ensure that no award fee may be paid for contractor
performance that is judged to be below satisfactory
performance or performance that does not meet the basic
requirements of the contract;
(6) provide specific direction on the circumstances, if
any, in which it may be appropriate to roll over award fees
that are not earned in one award fee period to a subsequent
award fee period or periods;
(7) ensure consistent use of guidelines and definitions
relating to award and incentive fees across the Federal
Government;
(8) ensure that each executive agency--
(A) collects relevant data on award and incentive fees paid
to contractors; and
(B) has mechanisms in place to evaluate such data on a
regular basis;
(9) include performance measures to evaluate the
effectiveness of award and incentive fees as a tool for
improving contractor performance and achieving desired
program outcomes; and
(10) provide mechanisms for sharing proven incentive
strategies for the acquisition of different types of products
and services among contracting and program management
officials.

TITLE III--ACCOUNTABILITY AND ADMINISTRATION

SEC. 301. DEFINITIZING OF LETTER CONTRACTS.

(a) Civilian Contracts.--The Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)
is amended by adding at the end the following new section:

``SEC. 318. DEFINITIZING OF LETTER CONTRACTS.

``The head of an executive agency shall unilaterally
determine all missing terms in an undefinitized letter
contract that have not been agreed upon within 180 days after
such letter contract has been entered into or before 40
percent of the work under such letter contract has been
completed. Any terms so determined shall be subject to the
contract disputes process.''.
(b) Defense Contracts.--
(1) Definitizing of letter contracts.--Chapter 137 of title
10, United States Code, is amended by inserting after at the
end the following new section:

``Sec. 2334. Definitizing of letter contracts

``The head of an agency shall unilaterally determine all
missing terms in an undefinitized letter contract that have
not been agreed upon within 180 days after such letter
contract has been entered into or before the funds obligated
under such letter contract exceed 50 percent of the not-to-
exceed cost of the contract. Any terms so determined shall be
subject to the contract disputes process.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2334. Definitizing of letter contracts.''.

SEC. 302. PREVENTING ABUSE OF INTERAGENCY CONTRACTS AND
ASSISTED ACQUISITION SERVICES.

(a) Office of Management and Budget Policy Guidance.--
(1) Report and guidelines.--Not later than one year after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall--
(A) submit to Congress a comprehensive report on
interagency acquisitions, including their frequency of use,
management controls, cost-effectiveness, and savings
generated; and
(B) issue guidelines to assist the heads of executive
agencies in improving the management of interagency
acquisitions.
(2) Matters covered by guidelines.--For purposes of
paragraph (1)(B), the Director shall include guidelines on
the following matters:
(A) Procedures for the use of interagency acquisitions to
maximize competition, deliver best value to executive
agencies, and minimize waste, fraud, and abuse.
(B) Categories of contracting inappropriate for interagency
acquisition, due to high risk of waste, fraud, or abuse.
(C) Requirements for training acquisition workforce
personnel in the proper use of interagency acquisitions.
(b) Regulations Required.--Not later than one year after
the date of the enactment of this Act, the Federal
Acquisition Regulation shall be revised to require that all
assisted acquisitions--
(1) include a written agreement between the requesting
agency and the servicing agency assigning responsibility for
the administration and management of the contract;
(2) include a determination that an assisted acquisition is
the best procurement alternative; and
(3) include sufficient documentation to ensure an adequate
audit.
(c) Agency Reporting Requirement.--The senior procurement
executive for each executive agency shall, as directed by the
Director of the Office of Management and Budget, submit to
the Director annual reports on the actions taken by the
executive agency pursuant to the guidelines issued under
subsection (a).
(d) Report on Interagency Contracting.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator for Federal
Procurement Policy shall report on a survey of existing
interagency contracts.
(2) Content.--The report under paragraph (1) shall include
the following information:
(A) The number of interagency contracts that are currently
in operation, and the scope, sponsoring agencies, primary
users, activity levels (in terms of orders and value) for the
most recent fiscal year, and rationales for such contracts.
(B) The level of acquisition activity conducted by the
Intergovernmental Revolving Funds (including the Franchise
Funds) on behalf of other executive agencies.
(C) The number of enterprisewide, single agency contracts
that are currently in operation, and the scope, activity
levels (in terms of orders and value) for the most recent
fiscal year, and rationales for such contracts.
(3) Publication.--The Director of the Office of Management
and Budget shall make the report under this subsection
publicly available, subject to applicable statutory and
regulatory limits on the release of such information.
(e) Review of Federal Supply Schedule Contracts.--Not later
than 270 days after the date of the enactment of this Act,
the Administrator of General Services shall review existing
Federal Supply Schedule (FSS) contracts to determine whether,
in light of the entire inventory of interagency contracts,
any of the FSS contracts should be eliminated in order to
avoid unnecessary duplication.
(f) Review and Authorization of Multi-Agency Contracts.--
(1) Regulations required.--Not later than 180 days after
the date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall publish in the Federal
Acquisition Regulation, regulations requiring that the
acquisition plan in support of multi-agency contracts shall
include a business case analysis justifying the award and
administration of the contract. At a minimum, the business
case shall include the fully burdened cost to the Federal
Government of awarding and administering the contract and the
impact the contract will have on the ability of the Federal
Government to leverage its buying power.
(2) Review.--Not later than 270 days after the date of
enactment of this Act, the Administrator for Federal
Procurement Policy, in consultation with the Administrator of
General Services, shall review all multi-agency contracts and
determine whether each contract is cost effective or
redundant with existing contracts available for multi-agency
use.
(3) Approval required.--No executive agency may exercise an
option on an existing multi-agency contract or award a new
multi-agency contract without the express written approval of
the Administrator for Federal Procurement Policy.
(4) Evaluation of costs.--In determining whether a contract
is cost effective, the Administrator shall evaluate the fully
burdened costs associated with awarding and maintaining the
contract. In the event that the fully burdened costs cannot
be determined, the Administrator shall use the same formula
for determining agency performance of a function identified
in OMB Circular A-76.
(g) Review of Other Indefinite Delivery, Indefinite
Quantity Contracts.--
(1) Review.--Not later than 270 days after the date of the
enactment of this Act, the

[[Page S14094]]

head of each executive agency, in consultation with the
Administrator for Federal Procurement Policy, shall review
all indefinite delivery, indefinite quantity contracts
awarded by the executive agency and determine whether those
contracts are cost effective or redundant with other
contracts within the agency or available for the agency's
use.
(2) Evaluation of costs.--In determining whether a contract
is cost effective, the head of the executive agency shall
evaluate the fully burdened costs associated with awarding
and maintaining the contract. In cases where the fully
burdened costs cannot be determined, the Administrator shall
use the same formula for determining Agency performance of a
function identified in Office of Management and Budget
Circular A-76.
(h) Improved Transparency of Interagency Contracting
Data.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of
Management and Budget shall direct appropriate revisions to
the government-wide procurement system known as the Federal
Procurement Data System-Next Generation in order to
facilitate the collecting and publication of complete and
reliable order-level data on interagency contracting
transactions.
(i) Executive Agency Defined.--In this section, the term
``executive agency'' includes the Department of Defense, but
does not include the military departments and defense
agencies.

SEC. 303. PURCHASE CARD WASTE ELIMINATION.

(a) Requirement for Guidance.--
(1) Office of management and budget policy guidance.--Not
later than 180 days after the date of the enactment of this
Act, the Director of the Office of Management and Budget
shall issue guidelines to assist the heads of executive
agencies in improving the management of the use of the
Governmentwide commercial purchase card for making micro-
purchases. The Director shall include guidelines on the
following matters:
(A) Analysis of purchase card expenditures to identify
opportunities for achieving savings through micro-purchases
made in economical volumes.
(B) Negotiation of discount agreements with major vendors
accepting the purchase card.
(C) Establishment of communication programs to ensure that
purchase cardholders receive information pertaining to the
availability of discounts, including programs for the
training of purchase cardholders on the availability of
discounts.
(D) Assessment of cardholder purchasing practices,
including use of discount agreements.
(E) Collection and dissemination of best practices and
successful strategies for achieving savings in micro-
purchases.
(F) Analysis of purchase card expenditures to identify
opportunities for achieving and accurately measuring fair
participation of small business concerns in micro-purchases
consistent with the national policy on small business
participation in Federal procurement set forth in sections
2(a) and 15(g) of the Small Business Act (15 U.S.C. 631(a)
and 644(g)), and dissemination of best practices for
participation of small business concerns in micro-purchases.
(2) General services administration.--The Administrator of
General Services shall--
(A) continue efforts to improve reporting by financial
institutions that issue the Governmentwide commercial
purchase card so that the General Services Administration has
the data needed to identify opportunities for achieving
savings; and
(B) actively pursue point-of-sale discounts with major
vendors accepting the purchase card so that any Federal
Government purchaser using the purchase card can benefit from
such point-of-sale discounts.
(3) Agency reporting requirement.--The senior procurement
executive for each executive agency shall, as directed by the
Director of the Office of Management and Budget, submit to
the Director periodic reports on the actions taken in such
executive agency pursuant to the guidelines issued under
paragraph (1).
(4) Congressional oversight.--Not later than December 31 of
the year following the year in which this Act is enacted, and
December 31 of each of the ensuing 3 years, the Director of
the Office of Management and Budget shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government
Reform of the House of Representatives a report summarizing
for the fiscal year ending in the year in which such report
is due the progress made--
(A) in improving the management of the use of the
Governmentwide commercial purchase card for making micro-
purchases; and
(B) in achieving savings in micro-purchases made with such
card, expressed in terms of average savings achieved by each
executive agency in the use of discount agreements identified
in paragraph (1) and the total savings achieved
Governmentwide.
(b) Payments to Federal Contractors With Federal Tax
Debt.--The General Services Administration, in conjunction
with the Internal Revenue Service and the Financial
Management Service, shall develop procedures to subject
purchase card payments to Federal contractors to the Federal
Payment Levy program.
(c) Reporting of Air Travel by Federal Government
Employees.--
(1) Annual reports required.--The Administrator of the
General Services shall submit annually to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Government Reform of the House
of Representatives a report on all first class and business
class travel by employees of each executive agency undertaken
at the expense of the Federal Government.
(2) Content.--The reports submitted pursuant to paragraph
(1) shall include, at a minimum, with respect to each travel
by first class or business class--
(A) the names of each traveler;
(B) the date of travel;
(C) the points of origination and destination;
(D) the cost of the first class or business class travel;
and
(E) the cost difference between such travel and travel by
coach class.

SEC. 304. LEAD SYSTEMS INTEGRATORS.

(a) Study.--Not later than 180 days after the date of the
enactment of this Act, the Administrator for Federal
Procurement Policy shall develop a government-wide definition
of lead systems integrators and complete a study on the use
of such integrators by executive agencies.
(b) Guidance.--Not later than 180 days after the study
under subsection (a) is completed, the Administrator for
Federal Procurement Policy shall issue guidance on the
appropriate use of lead system integrators to ensure that
they are used in the best interests of the Federal
Government.

SEC. 305. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

(a) Regulations.--The Administrator for Federal Procurement
Policy shall promulgate regulations applicable to contracts
described in subsection (b) to minimize the excessive use by
contractors of subcontractors or tiers of subcontractors in
cases where a subcontractor does not perform work in
proportion to any overhead or profit that the subcontractor
receives under the contract.
(b) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an
amount greater than the simplified acquisition threshold (as
defined by section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)).

SEC. 306. RESPONSIBILITY OF CONTRACTORS THAT ARE SERIOUS
THREATS TO NATIONAL SECURITY.

(a) Responsibility of Contractor.--The contracting officer
for an executive agency may consider whether a contractor may
pose a serious threat to national security in assessing
whether a contractor is responsible enough to be awarded a
Federal contract.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Administrator for Federal
Procurement Policy shall provide guidance to executive
agencies on implementation of this section.

SEC. 307. REQUIRED CERTIFICATION OF PROGRAM MANAGERS FOR
DEPARTMENT OF HOMELAND SECURITY LEVEL ONE
PROGRAMS.

Not later than one year after the date of the enactment of
this Act, the Secretary of Homeland Security shall assign to
each program of the Department of Homeland Security with an
estimated value of more than $100,000,000 at least one
program manager certified by the Secretary as competent to
administer programs of that size.

SEC. 308. ELIMINATION OF ONE-YEAR LIMITATION ON INTEREST DUE
ON LATE PAYMENTS TO CONTRACTORS.

Section 3901(d)(3)(A) of title 31, United States Code, is
amended to read as follows:
``(3)(A) Except as provided in subparagraph (B), an
interest penalty under this chapter does not continue to
accrue after a claim for an interest penalty is filed in the
manner described in paragraph (2).''.

SEC. 309. ENSURING THAT FEDERAL EMPLOYEES PERFORM INHERENTLY
GOVERNMENTAL WORK.

The Administrator for Federal Procurement Policy shall--
(1) analyze the services for which agencies are contracting
(other than through the process governed by Office of
Management and Budget Circular A-76);
(2) establish government-wide guidelines to ensure that
inherently governmental work is performed by Federal
employees; and
(3) report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives on actions taken under this section not later
than 180 days after the date of the enactment of this Act.

SEC. 310. REPORT ON ACQUISITION ADVISORY PANEL REPORT
IMPLEMENTATION.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Government Reform of the House
of Representatives a comprehensive report on implementation
of the recommendations of the Acquisition Advisory Panel (in
this section referred to as the ``Panel'') established under
section 1423 of the Services Acquisition Reform Act of 2003
(title XIV of Public Law 108-136; 41 U.S.C. 405 note).
(b) Content.--The report required under subsection (a)
shall include--
(1) a description of the implementation of the
recommendations of the Panel; and
(2) with respect to any recommendations of the Panel not
implemented, a justification

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and discussion of the reasons for not implementing such
recommendations.

SEC. 311. REPORT BY THE GOVERNMENT ACCOUNTABILITY OFFICE.

(a) Report.--In order to assess additional actions that
should be taken to further improve the acquisition system,
the Comptroller General of the United States shall, not later
than 1 year after the date of the enactment of this Act,
conduct reviews and submit one or more reports to Congress on
Federal acquisition policy.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of the 2 statutory standards governing
the qualifications of the government's acquisition workforce
and an assessment of the implementation of and practical
impact of both standards and whether there should be a single
standard for the acquisition workforce.
(2) A list and assessment of all Federal institutions
providing acquisition and program management education and
training and a recommendation on the advisability of
continuing to offer education and training through multiple
institutions or whether education and training should be
combined at one government-wide institution.
(3) A review of agency compliance with Section 1412 of the
Services Acquisition Reform Act of 2003 (title XIV of Public
Law 108-136; 41 U.S.C. 433 note), including whether agencies
have appointed Chief Acquisition Officers whose primary
duties are acquisition management, and recommendations for
the appointment of Chief Acquisition Officers government-
wide.
(c) Government Accountability Office Review.--Not later
than 18 months after the date of the enactment of this Act,
the Comptroller General of the United States shall review the
determinations made by executive agencies under section
303(g) regarding indefinite delivery, indefinite quantity
contracts and shall submit to Congress a report on the
implementation of requirements related to such
determinations.

SEC. 312. MAPPING AND SURVEYING SERVICES.

The Administrator for Federal Procurement Policy shall
amend the Federal Acquisition Regulation to provide guidance
on contracting for mapping and surveying services in
accordance with chapter 11 of title 40, United States Code,
to ensure that these services are being procured through
appropriate competitive procedures and that offers are
evaluated using a qualifications-based selection process.

SEC. 313. TIMELY AND ACCURATE TRANSMISSION OF INFORMATION
INCLUDED IN FEDERAL PROCUREMENT DATA SYSTEM.

Section 19 of the Office of Federal Procurement Policy Act
(41 U.S.C. 417(d)) is amended to read as follows:
``(d) Transmission and Data Entry of Information.--The head
of each executive agency shall ensure the accuracy of the
information included in the record established and maintained
by such agency under subsection (a) and shall timely transmit
such information to the General Services Administration for
entry into the Federal Procurement Data System referred to in
section 6(d)(4), or any successor system.''.

SEC. 314. USE OF EXISTING FUNDS FOR REGULATIONS AND REPORTS.

Provisions and amendments of this Act requiring the
promulgation of regulations or the production of reports
shall be carried out using existing funds.

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