Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3043 Enrolled Bill (ENR)]

H.R.3043

One Hundred Tenth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven

An Act

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.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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 section 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 sections
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 section 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
(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 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 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 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 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 sections 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 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 sections
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 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 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 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.
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.
(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, 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 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 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 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
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.
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''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.