[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3043 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      October 23, 2007.
    Resolved, That the bill from the House of Representatives (H.R. 
3043) entitled ``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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                         (including rescission)

    For necessary expenses of the Workforce Investment Act of 1998 
(WIA), the Denali Commission Act of 1998, and the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
WIA; $3,587,138,000, plus reimbursements, is available. Of the amounts 
provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,994,510,000 as follows:
                    (A) $864,199,000 for adult employment and training 
                activities, of which $152,199,000 shall be available 
                for the period July 1, 2008 to June 30, 2009, and of 
                which $712,000,000 shall be available for the period 
                October 1, 2008 through June 30, 2009;
                    (B) $940,500,000 for youth activities, which shall 
                be available for the period April 1, 2008 through June 
                30, 2009; and
                    (C) $1,189,811,000 for dislocated worker employment 
                and training activities, of which $341,811,000 shall be 
                available for the period July 1, 2008 through June 30, 
                2009, and of which $848,000,000 shall be available for 
                the period October 1, 2008 through June 30, 2009:
        Provided, That notwithstanding the transfer limitation under 
        section 133(b)(4) of the WIA, up to 30 percent of such funds 
        may be transferred by a local board if approved by the 
        Governor:
            (2) for federally administered programs, $481,540,000 as 
        follows:
                    (A) $282,092,000 for the dislocated workers 
                assistance national reserve, of which $3,700,000 shall 
                be available on October 1, 2007, of which $66,392,000 
                shall be available for the period July 1, 2008 through 
                June 30, 2009, and of which $212,000,000 shall be 
                available for the period October 1, 2008 through June 
                30, 2009: Provided, That up to $150,000,000 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 
                $1,500,000 shall be for a non-competitive grant to the 
                AFL-CIO Working for America Institute, which shall be 
                awarded not later than 30 days after the date of 
                enactment of this Act: Provided further, That 
                $2,200,000 shall be for a non-competitive grant to the 
                AFL-CIO Appalachian Council, Incorporated, for Job 
                Corps career transition services, which shall be 
                awarded not later than 30 days after the date of 
                enactment of this Act;
                    (B) $53,696,000 for Native American programs, which 
                shall be available for the period July 1, 2008 through 
                June 30, 2009;
                    (C) $79,752,000 for migrant and seasonal 
                farmworkers, including $74,302,000 for formula grants, 
                $4,950,000 for migrant and seasonal housing (of which 
                not less than 70 percent shall be for permanent 
                housing), and $500,000 for other discretionary 
                purposes, which shall be available for the period July 
                1, 2008 through June 30, 2009: Provided, That, 
                notwithstanding any other provision of law or related 
                regulation, the Department shall take no action 
                limiting the number or proportion of eligible 
                participants receiving related assistance services or 
                discouraging grantees from providing such services;
                    (D) $1,000,000 for carrying out the Women in 
                Apprenticeship and Nontraditional Occupations Act, 
                which shall be available for the period July 1, 2008 
                through June 30, 2009; and
                    (E) $65,000,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2008 through June 30, 
                2009;
            (3) for national activities, $111,088,000, which shall be 
        available for the period July 1, 2008 through July 30, 2009 as 
        follows:
                    (A) $30,650,000 for Pilots, Demonstrations, and 
                Research, of which $27,650,000 shall be available for 
                noncompetitive grants, with the terms, conditions and 
                amounts specified in the committee report of the Senate 
                accompanying this Act: Provided, That funding provided 
                to carry out projects under section 171 of the WIA that 
                are identified in the committee report accompanying 
                this Act, shall not be subject to the requirements of 
                section 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the 
                joint funding requirements of sections 171(b)(2)(A) and 
                171(c)(4)(A) of the WIA, or any time limit requirements 
                of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
                    (B) $13,642,000 for ex-offender activities, under 
                the authority of section 171 of the Act, 
                notwithstanding the requirements of sections 
                171(b)(2)(B) or 171(c)(4)(D);
                    (C) $4,921,000 for Evaluation under section 172 of 
                the WIA; and
                    (D) $6,875,000 for the Denali Commission, which 
                shall be available for the period July 1, 2008 through 
                June 30, 2009.
    Of the amounts made available under this heading in Public Law 107-
116 to carry out the activities of the National Skills Standards Board, 
$44,063 are hereby rescinded.

            community service employment for older americans

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

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $98,409,000, together with 
not to exceed $3,248,223,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $2,510,723,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including $10,000,000 to conduct in-person reemployment and 
        eligibility assessments in one-stop career centers of claimants 
        of unemployment insurance), the administration of unemployment 
        insurance for Federal employees and for ex-service members as 
        authorized under sections 8501-8523 of title 5, United States 
        Code, and the administration of trade readjustment allowances 
        and alternative trade adjustment assistance under the Trade Act 
        of 1974, and shall be available for obligation by the States 
        through December 31, 2008, except that funds used for 
        automation acquisitions shall be available for obligation by 
        the States through September 30, 2010, and funds used for 
        unemployment insurance workloads experienced by the States 
        through September 30, 2008 shall be available for Federal 
        obligation through December 31, 2008;
            (2) $10,500,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $693,000,000 from the Trust Fund, together with 
        $22,883,000 from the General Fund of the Treasury, is for 
        grants to States in accordance with section 6 of the Wagner-
        Peyser Act, and shall be available for Federal obligation for 
        the period July 1, 2008 through June 30, 2009;
            (4) $34,000,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, the administration of 
        activities, including foreign labor certifications, under the 
        Immigration and Nationality Act, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act, 
        including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service agencies 
        prior to 1980;
            (5) $55,985,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and shall be 
        available for Federal obligation for the period July 1, 2008 
        through June 30, 2009; and
            (6) $19,541,000 is to provide for work incentive grants to 
        the States and shall be available for the period July 1, 2008 
        through June 30, 2009:
Provided, That to the extent that the Average Weekly Insured 
Unemployment (AWIU) for fiscal year 2008 is projected by the Department 
of Labor to exceed 2,786,000, an additional $28,600,000 from the Trust 
Fund shall be available for obligation for every 100,000 increase in 
the AWIU level (including a pro rata amount for any increment less than 
100,000) to carry out title III of the Social Security Act: Provided 
further, That funds appropriated in this Act that are allotted to a 
State to carry out activities under title III of the Social Security 
Act may be used by such State to assist other States in carrying out 
activities under such title III if the other States include areas that 
have suffered a major disaster declared by the President under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act: 
Provided further, That funds appropriated in this Act which are used to 
establish a national one-stop career center system, or which are used 
to support the national activities of the Federal-State unemployment 
insurance or immigration programs, may be obligated in contracts, 
grants, or agreements with non-State entities: Provided further, That 
funds appropriated under this Act for activities authorized under title 
III of the Social Security Act and the Wagner-Peyser Act may be used by 
States to fund integrated Unemployment Insurance and Employment Service 
automation efforts, notwithstanding cost allocation principles 
prescribed under the Office of Management and Budget Circular A-87.
    In addition, $40,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall be 
available to conduct in-person reemployment and eligibility assessments 
in one-stop career centers of claimants of unemployment insurance: 
Provided, That not later than 180 days following the end of the current 
fiscal year, the Secretary shall submit an interim report to the 
Congress that includes available information on expenditures, number of 
individuals assessed, and outcomes from the assessments: Provided 
further, That not later than 18 months following the end of the fiscal 
year, the Secretary of Labor shall submit to the Congress a final 
report containing comprehensive information on the estimated savings 
that result from the assessments of claimants and identification of 
best practices.

        advances to the unemployment trust fund and other funds

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

                         program administration

    For expenses of administering employment and training programs, 
$91,133,000, together with not to exceed $94,372,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

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

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

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

                  Employment Standards Administration

                         salaries and expenses

                         (including rescission)

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

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the heading 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. 
App. 2012); and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $203,000,000, together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That amounts 
appropriated may be used under section 8104 of title 5, United States 
Code, by the Secretary of Labor to reimburse an employer, who is not 
the employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 2007, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary determines to be the cost 
of administration for employees of such fair share entities through 
September 30, 2008: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $52,280,000 
shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $21,855,000.
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake and medical bill 
        processing, $16,109,000.
            (3) For periodic roll management and medical review, 
        $14,316,000.
            (4) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under chapter 81 of title 5, 
United States Code, or 33 U.S.C. 901 et seq., provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               special benefits for disabled coal miners

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

    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

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

                    black lung disability trust fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $498,445,000, including not to exceed $91,093,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fiscal year of 
training institute course tuition fees, otherwise authorized by law to 
be collected, and may utilize such sums for occupational safety and 
health training and education grants: Provided, That, notwithstanding 
31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal 
year ending September 30, 2008, to collect and retain fees for services 
provided to Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of 29 U.S.C. 9a, to 
administer national and international laboratory recognition programs 
that ensure the safety of equipment and products used by workers in the 
workplace: Provided further, That none of the funds appropriated under 
this paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That $10,116,000 shall be available for Susan Harwood training 
grants, of which $3,200,000 shall be used for the Institutional 
Competency Building training grants which commenced in September 2000, 
for program activities for the period of October 1, 2007, to September 
30, 2008, provided that a grantee has demonstrated satisfactory 
performance: Provided further, That such grants shall be awarded not 
later than 30 days after the date of enactment of this Act.

                 Mine Safety and Health Administration

                         salaries and expenses

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

                       Bureau of Labor Statistics

                         salaries and expenses

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

                 Office of Disability Employment Policy

                         salaries and expenses

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

                        Departmental Management

                         salaries and expenses

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

                          office of job corps

    To carry out subtitle C of title I of the Workforce Investment Act 
of 1998 (29 U.S.C. 2881 et. seq.), including Federal administrative 
expenses, the purchase and hire of passenger motor vehicles, the 
construction, alteration and repairs of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Workforce Investment Act; $1,659,872,000, plus reimbursements, as 
follows:
            (1) $1,516,000,000 for Job Corps Operations, of which 
        $925,000,000 is available for obligation for the period July 1, 
        2008 through June 30, 2009 and of which $591,000,000 is 
        available for obligation for the period October 1, 2008 through 
        June 30, 2009;
            (2) $115,000,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, of which $15,000,000 is 
        available for the period July 1, 2008 through June 30, 2009 and 
        $100,000,000 is available for the period October 1, 2008 
        through June 30, 2011; and
            (3) $28,872,000 for necessary expenses of the Office of Job 
        Corps is available for obligation for the period October 1, 
        2007 through September 30, 2008:
Provided, That the Office of Job Corps shall have contracting 
authority: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers: 
Provided further, That none of the funds made available in this Act 
shall be used to reduce Job Corps total student training slots below 
44,791 in program year 2008.

                    veterans employment and training

    Not to exceed $197,143,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2008, of which $1,967,000 is for the 
National Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and 
the Veterans Workforce Investment Programs (29 U.S.C. 2913), 
$31,055,000, of which $7,435,000 shall be available for obligation for 
the period July 1, 2008, through June 30, 2009: Provided, That 
$3,000,000 shall be transferred from amounts made available in this 
title for salaries and expenses of the Department of Labor, to carry 
out Federal management activities relating to veterans employment and 
training.

                      office of inspector general

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

                           General Provisions

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

                          (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Labor in this Act may be transferred between a 
program, project, or activity, but no such program, project, or 
activity shall be increased by more than 3 percent by any such 
transfer: Provided, That a program, project, or activity may be 
increased by up to an additional 2 percent subject to approval by the 
House and Senate Committees on Appropriations: Provided further, That 
the transfer authority granted by this section shall be available only 
to meet emergency needs and shall not be used to create any new program 
or to fund any project or activity for which no funds are provided in 
this Act: Provided further, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 103. In accordance with Executive Order No. 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104. There is authorized to be appropriated such sums as may 
be necessary to the Denali Commission through the Department of Labor 
to conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 105. The Secretary shall prepare and submit not later than 
July 1, 2008, to the Committees on Appropriations of the Senate and of 
the House an operating plan that outlines the planned allocation by 
major project and activity of fiscal year 2008 funds made available for 
section 171 of the Workforce Investment Act.
    Sec. 106. None of the funds available in this Act or available to 
the Secretary of Labor from other sources for Community College 
Initiative Grants, Community-Based Job Training Grants, and grants 
authorized under section 414(c) of the American Competitiveness and 
Workforce Improvement Act of 1998 shall be obligated for a grant 
awarded on a non-competitive basis.
    Sec. 107. None of the funds made available in this or any other Act 
shall be available to finalize or implement any proposed regulation 
under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933, 
or the Trade Adjustment Assistance Reform Act of 2002 until such time 
as legislation reauthorizing the Workforce Investment Act of 1998 and 
the Trade Adjustment Assistance Reform Act of 2002 is enacted.
    Sec. 108. The Secretary of Labor shall take no action to amend, 
through regulatory or administration action, the definition established 
in 20 CFR 667.220 for functions and activities under title I of the 
Workforce Investment Act of 1998, or to modify, through regulatory or 
administrative action, the procedure for redesignation of local areas 
as specified in subtitle B of title I of that Act (including applying 
the standards specified in section 116(a)(3)(B) of that Act, but 
notwithstanding the time limits specified in section 116(a)(3)(B) of 
that Act), until such time as legislation reauthorizing the Act is 
enacted. Nothing in the preceding sentence shall permit or require the 
Secretary of Labor to withdraw approval for such redesignation from a 
State that received the approval not later than October 12, 2005, or to 
revise action taken or modify the redesignation procedure being used by 
the Secretary in order to complete such redesignation for a State that 
initiated the process of such redesignation by submitting any request 
for such redesignation not later than October 26, 2005.
    Sec. 109. None of the funds available in this Act may be used to 
carry out a public-private competition or direct conversion under 
Office of Management and Budget Circular A-76 or any successor 
administrative regulation, directive or policy until 60 days after the 
Government Accountability Office provides a report to the Committees on 
Appropriations of the House of Representatives and the Senate on the 
use of competitive sourcing at the Department of Labor.
    Sec. 110. (a) Not later than June 20, 2008, the Secretary of Labor 
shall revise regulations prescribed pursuant to section 303(y) of the 
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 863(y)) to 
require, in any coal mine, regardless of the date on which it was 
opened, that belt haulage entries not be used to ventilate active 
working places without prior approval from the Assistant Secretary of 
Labor.
    (b) Not later than June 15, 2008, the Secretary of Labor shall 
issue regulations, pursuant to the design criteria recommended by the 
National Institute of Occupational Safety and Health and section 13 of 
the MINER Act (Public Law 109-236), requiring installation of rescue 
chambers in the working areas of underground coal mines.
    Sec. 111. None of the funds appropriated in this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level II. This limitation shall not apply to 
vendors providing goods and services as defined in OMB Circular A-133. 
Where States are recipients of such funds, States may establish a lower 
limit for salaries and bonuses of those receiving salaries and bonuses 
from subrecipients of such funds, taking into account factors including 
the relative cost-of-living in the State, the compensation levels for 
comparable State or local government employees, and the size of the 
organizations that administer Federal programs involved including 
Employment and Training Administration programs.
    Sec. 112. (a) In addition to amounts otherwise appropriated under 
this Act, there is appropriated, out of any money in the Treasury not 
otherwise appropriated, an additional $10,000,000 for necessary 
expenses for salaries and expenses of the Mine Safety and Health 
Administration.
     (b) Amounts made available under this Act for travel expenses for 
the Department of Labor, the Department of Health and Human Services, 
and the Department of Education shall be reduced on a pro rata basis by 
the percentage necessary to decrease the overall amount of such 
spending by $10,000,000.
    Sec. 113. To enable the National Institute for Occupational Safety 
and Health to carry out the Fire Fighter Fatality Investigation and 
Prevention Program, $5,000,000, which shall include any other amounts 
made available under this Act for such Program. Amounts made available 
under this Act for travel expenses for the Department of Labor, the 
Department of Health and Human Services, and the Department of 
Education shall be reduced on a pro rata basis by the percentage 
necessary to decrease the overall amount of such spending by 
$2,500,000.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2008''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V and sections 1128E, and 711, 
and 1820 of the Social Security Act, the Health Care Quality 
Improvement Act of 1986, as amended, the Native Hawaiian Health Care 
Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000, and 
section 712 of the American Jobs Creation Act of 2004, $6,843,673,000, 
of which $191,235,000 shall be available for construction and 
renovation (including equipment) of health care and other facilities 
and other health-related activities as specified in the committee 
report of the Senate accompanying this Act, and of which $38,538,000 
from general revenues, notwithstanding section 1820(j) of the Social 
Security Act, shall be available for carrying out the Medicare rural 
hospital flexibility grants program under section 1820 of such Act, and 
of which $250,000 shall be for the Center for Asbestos Related Disease 
(CARD) Clinic in Libby, Montana: Provided, That of the funds made 
available under this heading, $220,000 shall be available until 
expended for facilities renovations at the Gillis W. Long Hansen's 
Disease Center: Provided further, That $40,000,000 of the funding 
provided for community health centers shall be for base grant 
adjustments for existing health centers: Provided further, That in 
addition to fees authorized by section 427(b) of the Health Care 
Quality Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That fees collected for the full disclosure of information 
under the ``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, shall be 
sufficient to recover the full costs of operating the program, and 
shall remain available until expended to carry out that Act: Provided 
further, That no more than $40,000 is available until expended for 
carrying out the provisions of 42 U.S.C. 233(o) including associated 
administrative expenses and relevant evaluations: Provided further, 
That no more than $44,055,000 is available until expended for carrying 
out the provisions of Public Law 104-73 and for expenses incurred by 
the Department of Health and Human Services pertaining to 
administrative claims made under such law: Provided further, That of 
the funds made available under this heading, $300,000,000 shall be for 
the program under title X of the Public Health Service Act to provide 
for voluntary family planning projects: Provided further, That amounts 
provided to said projects under such title shall not be expended for 
abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That $814,546,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 
of the Public Health Service Act: Provided further, That in addition to 
amounts provided herein, $25,000,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to carry 
out Parts A, B, C, and D of title XXVI of the Public Health Service Act 
to fund section 2691 Special Projects of National Significance: 
Provided further, That, notwithstanding section 502(a)(1) and 502(b)(1) 
of the Social Security Act, not to exceed $95,936,920 is available for 
carrying out special projects of regional and national significance 
pursuant to section 501(a)(2) of such Act and $10,586,238 is available 
for projects described in paragraphs (A) through (F) of section 
501(a)(3) of such Act: Provided further, That of the funds provided, 
$39,283,000 shall be provided to the Denali Commission as a direct lump 
payment pursuant to Public Law 106-113: Provided further, That of the 
funds available under this heading, $1,829,511,000 shall remain 
available to the Secretary until September 30, 2010, for parts A and B 
of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et 
seq.; relating to Ryan White Emergency Relief Grants and CARE Grants): 
Provided further, That of the funds provided, $25,000,000 shall be 
provided for the Delta Health Initiative as authorized in section 222 
of this Act and associated administrative expenses: Provided further, 
That notwithstanding section 747(e)(2) of the PHS Act, and not less 
than $5,000,000 shall be for general dentistry programs and not less 
than $5,000,000 shall be for pediatric dentistry programs and not less 
than $24,614,000 shall be for family medicine programs: Provided 
further, That of the funds available under this heading, $12,000,000 
shall be provided for the National Cord Blood Inventory pursuant to the 
Stem Cell Therapeutic and Research Act of 2005 (Public Law 109-129): 
Provided further, That where prior year funds were disbursed under this 
appropriation account as Health Care and Other Facilities grants (and 
were used for the purchase, construction, or major alteration of 
property; or the purchase of equipment), the Federal interest in such 
property or equipment shall last for a period of 5 years following the 
completion of the project and terminate at that time: Provided further, 
That if the property use changes (or the property is transferred or 
sold) and the Government is compensated for its proportionate interest 
in the property, the Federal interest in such property shall be 
terminated: Provided further, That for projects where 5 years has 
already elapsed since completion, the Federal interest shall be 
terminated immediately.

           health education assistance loans program account

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

             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention

                disease control, research, and training

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

                     National Institutes of Health

                       national cancer institute

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

               national heart, lung, and blood institute

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

         national institute of dental and craniofacial research

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

    national institute of diabetes and digestive and kidney diseases

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

        national institute of neurological disorders and stroke

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

         national institute of allergy and infectious diseases

                     (including transfer of funds)

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

             national institute of general medical sciences

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

        national institute of child health and human development

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

                         national eye institute

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

          national institute of environmental health sciences

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

                      national institute on aging

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

 national institute of arthritis and musculoskeletal and skin diseases

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

    national institute on deafness and other communication disorders

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

                 national institute of nursing research

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

           national institute on alcohol abuse and alcoholism

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

                    national institute on drug abuse

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

                  national institute of mental health

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

                national human genome research institute

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

      national institute of biomedical imaging and bioengineering

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

                 national center for research resources

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

       national center for complementary and alternative medicine

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

       national center on minority health and health disparities

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

                  john e. fogarty international center

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

                      national library of medicine

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

                         office of the director

                     (including transfer of funds)

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

                        buildings and facilities

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

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles V and XIX of the Public Health Service Act 
(``PHS Act'') with respect to substance abuse and mental health 
services, the Protection and Advocacy for Individuals with Mental 
Illness Act, and section 301 of the PHS Act with respect to program 
management, $3,278,135,000, of which $10,335,000 shall be available for 
projects and in the amounts specified in the committee report 
accompanying this Act: Provided, That notwithstanding section 
520A(f)(2) of the PHS Act, no funds appropriated for carrying out 
section 520A are available for carrying out section 1971 of the PHS 
Act: Provided further, That of the funds provided to the Child Trauma 
Stress Network Initiative, priority shall be given to those centers, 
that previously received grants, that provide mental health services to 
children affected by Hurricane Katrina and/or Rita: Provided further, 
That in addition to amounts provided herein, the following amounts 
shall be available under section 241 of the PHS Act: (1) $79,200,000 to 
carry out subpart II of part B of title XIX of the PHS Act to fund 
section 1935(b) technical assistance, national data, data collection 
and evaluation activities, and further that the total available under 
this Act for section 1935(b) activities shall not exceed 5 percent of 
the amounts appropriated for subpart II of part B of title XIX; (2) 
$21,413,000 to carry out subpart I of part B of title XIX of the PHS 
Act to fund section 1920(b) technical assistance, national data, data 
collection and evaluation activities, and further that the total 
available under this Act for section 1920(b) activities shall not 
exceed 5 percent of the amounts appropriated for subpart I of part B of 
title XIX; (3) $21,750,000 to carry out national surveys on drug abuse; 
and (4) $4,300,000 to evaluate substance abuse treatment programs: 
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, $329,564,000; 
and in addition, amounts received from Freedom of Information Act fees, 
reimbursable and interagency agreements, and the sale of data shall be 
credited to this appropriation and shall remain available until 
expended: Provided, That no amount shall be made available pursuant to 
section 927(c) of the Public Health Service Act for fiscal year 2008: 
Provided further, That $5,000,000 shall be for activities to reduce 
infections from methicillin-resistant staphylococcus aureus (MRSA) and 
related infections.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

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

                  payments to health care trust funds

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

                           program management

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

              health care fraud abuse and control account

    In addition to amounts otherwise available for program integrity 
and program management, $383,000,000, to be available until expended, 
to be transferred from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as authorized by section 
201(g) of the Social Security Act, of which $288,480,000 is for the 
Medicare Integrity Program at the Centers for Medicare and Medicaid 
Services to conduct oversight of activities authorized in title 18 of 
the Social Security Act, with oversight activities including those 
activities listed in 18 U.S.C. 1893(b); of which $36,690,000 is for the 
Department of Health and Human Services Office of Inspector General; of 
which $21,140,000 is for the Department of Health and Human Services 
for program integrity activities in title 18, title 19 and title 21 of 
the Social Security Act; and of which $36,690,000 is for the Department 
of Justice: Provided, That the report required by 18 U.S.C. 1817(k)(5) 
for fiscal year 2008 shall include measures of the operational 
efficiency and impact on fraud, waste and abuse in the Medicare and 
Medicaid programs for the funds provided by this appropriation.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

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

                   low-income home energy assistance

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

                     refugee and entrant assistance

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

   payments to states for the child care and development block grant

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

                      social services block grant

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

                children and families services programs

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

                   promoting safe and stable families

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

       payments to states for foster care and adoption assistance

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

                        Administration on Aging

                        aging services programs

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

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, and XXI of the Public Health Service Act, the 
United States-Mexico Border Health Commission Act, and research studies 
under section 1110 of the Social Security Act, $399,386,000, together 
with $5,851,000 to be transferred and expended as authorized by section 
201(g)(1) of the Social Security Act from the Hospital Insurance Trust 
Fund and the Supplemental Medical Insurance Trust Fund, and $46,756,000 
from the amounts available under section 241 of the Public Health 
Service Act to carry out national health or human services research and 
evaluation activities: Provided, That of the funds made available under 
this heading for carrying out title XX of the Public Health Service 
Act, $13,120,000 shall be for activities specified under section 
2003(b)(2), all of which shall be for prevention service demonstration 
grants under section 510(b)(2) of title V of the Social Security Act, 
as amended, without application of the limitation of section 2010(c) of 
said title XX: Provided further, That of this amount, $51,891,000 shall 
be for minority AIDS prevention and treatment activities; and 
$5,941,000 shall be to assist Afghanistan in the development of 
maternal and child health clinics, consistent with section 103(a)(4)(H) 
of the Afghanistan Freedom Support Act of 2002; up to $4,000,000 shall 
be for the Secretary's discretionary fund and may be used to carry out 
activities authorized under the Department's statutory authorities; and 
$9,500,000 shall be for a Health Diplomacy Initiative and may be used 
to carry out health diplomacy activities such as health training, 
services, education, and program evaluation, provided directly, through 
grants, or through contracts: Provided further, That specific 
information requests from the chairmen and ranking members of the 
Subcommittees on Labor, Health and Human Services, and Education, and 
Related Agencies, on scientific research or any other matter, shall be 
transmitted to the Committees on Appropriations in a prompt 
professional manner and within the time frame specified in the request: 
Provided further, That scientific information requested by the 
Committees on Appropriations and prepared by government researchers and 
scientists shall be transmitted to the Committees on Appropriations, 
uncensored and without delay: Provided further, That funds provided in 
this Act for embryo adoption activities may be used to provide, to 
individuals adopting embryos, through grants and other mechanisms, 
medical and administrative services deemed necessary for such 
adoptions: Provided further, That such services shall be provided 
consistent with 42 CFR 59.5(a)(4): Provided further, That $2,100,000 
shall be available for the projects and in the amounts specified in the 
committee report of the Senate accompanying this Act: Provided further, 
That $500,000 shall be available to complete a feasibility study for a 
National Registry of Substantiated Cases of Child Abuse or Neglect, as 
described in section 633(g) of the Adam Walsh Child Protection and 
Safety Act of 2006 (Public Law 109-248), and the Secretary of Health 
and Human Services shall submit the report described in section 
633(g)(2) of such Act not later than 1 year after date of enactment of 
this Act: Provided further, That $2,000,000 of the amounts appropriated 
under this heading shall be made available to carry out dental 
workforce programs under section 340G of the Public Health Service Act 
(42 U.S.C. 256g).

                office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

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

                      office of inspector general

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

                        office for civil rights

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

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, disease, nuclear, radiological and chemical 
threats to civilian populations, and for other public health 
emergencies, $786,556,000, of which not to exceed $22,338,000, to 
remain available until September 30, 2009, is to pay the costs 
described in section 319F-2(c)(7)(B) of the Public Health Service Act, 
and of which $189,000,000 shall be used to support advanced research 
and development of medical countermeasures, consistent with section 
319L of the Public Health Service Act.
    For expenses necessary to prepare for and respond to an influenza 
pandemic, $888,000,000, of which $652,000,000 shall be available until 
expended, for activities including the development and purchase of 
vaccine, antivirals, necessary medical supplies, diagnostics, and other 
surveillance tools: Provided, That products purchased with these funds 
may, at the discretion of the Secretary, be deposited in the Strategic 
National Stockpile: Provided further, That notwithstanding section 
496(b) of the Public Health Service Act, funds may be used for the 
construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccines and other biologicals, where 
the Secretary finds such a contract necessary to secure sufficient 
supplies of such vaccines or biologicals: Provided further, That 
$158,000,000 shall be transferred within 30 days of enactment to the 
Centers for Disease Control and Prevention for pandemic preparedness 
activities: Provided further, That funds appropriated herein and not 
specifically designated under this heading may be transferred to other 
appropriation accounts of the Department of Health and Human Services, 
as determined by the Secretary to be appropriate, to be used for the 
purposes specified in this sentence.
    For expenses to provide screening and treatment for first response 
emergency services personnel, residents, students, and others related 
to the September 11, 2001, terrorist attacks on the World Trade Center, 
$55,000,000 to be transferred to Centers for Disease Control and 
Prevention, Disease Control, Research, and Training.

                           General Provisions

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

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 209. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes and centers from the total amounts 
identified by these two Directors as funding for research pertaining to 
the human immunodeficiency virus: Provided, That the Appropriations 
Committees of both Houses of Congress are promptly notified of the 
transfer.

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 224. Of the amounts made available in this Act for the 
National Institutes of Health, 1 percent of the amount made available 
for National Research Service Awards (NRSA) shall be made available to 
the Administrator of the Health Resources and Services Administration 
to make NRSA awards for research in primary medical care to individuals 
affiliated with entities who have received grants or contracts under 
section 747 of the Public Health Service Act, and 1 percent of the 
amount made available for NRSA shall be made available to the Director 
of the Agency for Healthcare Research and Quality to make NRSA awards 
for health service research.
    Sec. 225. Nothing in this Act shall be construed to effect or 
otherwise modify provisions of current Federal law with respect to the 
funding of abortion.
    Sec. 226. Of the funds made available in this Act for subtitle B of 
title IV of the Cardiac Arrest Survival Act of 2000 (Public Law 106-
505), $200,000 shall be used to carry out section 312(c)(6) of the 
Public Health Service Act.
    Sec. 227. (a) In addition to any amounts appropriated or otherwise 
made available under this Act to the Health Resources and Services 
Administration to carry out programs and activities under the Health 
Care Safety Net Amendments of 2002 (Public Law 107-251) and the 
amendments made by such Act, and for other telehealth programs under 
section 330I of the Public Health Service Act (42 U.S.C. 254c-14), 
there shall be made available an additional $6,800,000, to (1) expand 
support for existing and new telehealth resource centers, including at 
least 1 resource center focusing on telehomecare; (2) support 
telehealth network grants, telehealth demonstrations, and telehomecare 
pilot projects; and (3) provide grants to carry out programs under 
which health licensing boards or various States cooperate to develop 
and implement policies that will reduce statutory and regulatory 
barriers to telehealth.
    (b) Notwithstanding any other provision of this Act, amounts 
appropriated or otherwise made available under this Act for the 
administrative and related expenses for departmental management for the 
Department of Labor, the Department of Health and Human Services, and 
the Department of Education, shall be reduced on a pro rata basis by 
$6,800,000.
    Sec. 228. (a) Not later than November 30, 2008, the Comptroller 
General of the United States shall submit to Congress a report 
concerning State health care reform initiatives.
     (b) The report required under subsection (a) shall include the 
following:
            (1) An assessment of State efforts to reexamine health care 
        delivery and health insurance systems and to expand the access 
        of residents to health insurance and health care services, 
        including the following:
                    (A) An overview of State approaches to reexamining 
                health care delivery and insurance.
                    (B) A description of whether and to what extent 
                State health care initiatives have resulted in improved 
                access to health care and insurance.
                    (C) A description of the extent to which public and 
                private cooperation has occurred in State health care 
                initiatives.
                    (D) A description of the outcomes of State 
                insurance coverage mandates.
                    (E) A description of the effects of increased 
                health care costs on State fiscal choices.
                    (F) A description of the effects of Federal law and 
                funding on State health care initiatives and fiscal 
                choices.
                    (G) A description of outcomes of State efforts to 
                increase health care quality and control costs.
            (2) Recommendations regarding the potential role of 
        Congress in supporting State-based reform efforts, including 
        the following:
                    (A) Enacting changes in Federal law that would 
                facilitate State-based health reform and expansion 
                efforts.
                    (B) Creating new or realigning existing Federal 
                funding mechanisms to support State-based reform and 
                expansion efforts.
                    (C) Expanding existing Federal health insurance 
                programs and increasing other sources of Federal health 
                care funding to support State-based health reform and 
                expansion efforts.
    Sec. 229. 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. 230. (a) In addition to amounts otherwise appropriated under 
this Act, there is appropriated, out of any money in the Treasury not 
otherwise appropriated, an additional $3,000,000 for the Centers for 
Disease Control and Prevention to make grants under the State Heart 
Disease and Stroke Prevention Program.
     (b) Amounts made available under this Act for consulting services 
for the Department of Labor, the Department of Health and Human 
Services, and the Department of Education shall be further reduced on a 
pro rata basis by the percentage necessary to decrease the overall 
amount of such spending by $3,000,000.
    Sec. 231. Notwithstanding any other provision of this Act, amounts 
appropriated in this Act for the administration and related expenses 
for the departmental management of the Department of Labor, the 
Department of Health and Human Services, and the Department of 
Education shall be reduced by a pro rata percentage required to reduce 
the total amount appropriated in this Act by $30,000,000.
    Sec. 232. (a) In addition to any other amounts appropriated or 
otherwise made available under this Act, $8,000,000 shall be available 
to carry out activities under the Patient Navigator Outreach and 
Chronic Disease Prevention Act of 2005 (Public Law 109-18).
    (b) Amounts made available under this Act for consulting services 
for the Department of Labor, the Department of Health and Human 
Services, and the Department of Education shall be further reduced on a 
pro rata basis by the percentage necessary to decrease the overall 
amount of such spending by $8,000,000.
    Sec. 233. (a) In addition to other amounts made available in this 
title, $3,000,000 shall be made available for trauma care activities.
     (b) Amounts made available under this Act for consulting services 
for the Department of Labor, the Department of Health and Human 
Services, and the Department of Education shall be reduced on a pro 
rata basis by the percentage necessary to decrease the overall amount 
of such spending by $6,000,000.
    Sec. 234. (a) In addition to other amounts appropriated in this 
title to carry out title VII of the Public Health Service Act, 
$2,000,000 shall be made available to carry out allied health 
professional programs under section 755 of such title VII, other than 
the Chiropractic-Medical School Demonstration Grant program, Graduate 
Psychology training programs, and podiatric physicians programs.
    (b) Amounts made available under this Act for consulting services 
for the Department of Labor, the Department of Health and Human 
Services, and the Department of Education shall be reduced further on a 
pro rata basis by the percentage necessary to decrease the overall 
amount of such spending by $2,000,000.
    Sec. 235. It is the sense of the Senate that a portion of the funds 
appropriated under this title be used for frequent hemodialysis 
clinical trials at the National Institute of Diabetes and Digestive and 
Kidney Diseases.
    Sec. 236. Small Business Child Care Grant Program. For carrying out 
the small business child care grant program under section 8303 of the 
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (42 U.S.C. 9858 note) 
$5,000,000, to remain available until expended. Each amount otherwise 
appropriated in this Act for administrative expenses for the Department 
of Labor, Department of Health and Human Services, and Department of 
Education shall be reduced on a pro rata basis by the amount necessary 
to provide the amount referred to in the preceding sentence.
    Sec. 237. Notwithstanding any other provision of law, no funds 
shall be made available under this Act to modify the HIV/AIDS funding 
formulas under title XXVI of the Public Health Service Act.
    Sec. 238. (a) The amount made available under the heading ``aging 
services programs'' under the heading ``Administration on Aging'' in 
this title shall be increased by $10,000,000 of which--
            (1) $5,000,000 shall be used to carry out part B of title 
        III of the Older Americans Act of 1965 (42 U.S.C. 3030d) for 
        fiscal year 2008 (for supportive services and senior centers to 
        allow area agencies on aging to account for projected growth in 
        the population of older individuals, and inflation);
            (2) $2,000,000 shall be used to carry out part C of title 
        III of such Act (42 U.S.C. 3030d-21 et seq.) for fiscal year 
        2008 (for congregate and home-delivered nutrition services to 
        help account for increased gas and food costs); and
            (3) $3,000,000 shall be used to carry out part E of title 
        III of such Act (42 U.S.C. 3030s et seq.) for fiscal year 2008 
        (for the National Family Caregiver Support Program to fund the 
        program at the level authorized for that program under that Act 
        (42 U.S.C. 3001 et seq.)).
    (b)(1) The 3 amounts described in paragraph (2) shall be reduced on 
a pro rata basis, to achieve a total reduction of $10,000,000.
    (2) The amounts referred to in paragraph (1) are--
            (A) the amount made available under the heading ``salaries 
        and expenses'' under the heading ``Departmental Management'' in 
        title I, for administration or travel expenses;
            (B) the amount made available under the heading ``general 
        departmental management'' under the heading ``Office of the 
        Secretary'' in this title, for administration or travel 
        expenses; and
            (C) the amount made available under the heading ``program 
        administration'' under the heading ``Departmental Management'' 
        in title III, for administration or travel expenses.
    Sec. 239. (a) Notwithstanding any other provision of this Act, 
there shall be made available under this Act a total of $7,500,000 for 
the National Violent Death Reporting System within the Centers for 
Disease Control and Prevention.
     (b) Amounts made available under this Act for travel and 
administrative expenses for the Department of Labor, the Department of 
Health and Human Services, and the Department of Education shall be 
further reduced on a pro rata basis by the percentage necessary to 
decrease the overall amount of such spending by $7,500,000.
    Sec. 240. (a) Not later than 30 days after the date of enactment of 
this Act, the Secretary of Health and Human Services, acting through 
the Administrator of the Centers for Medicare & Medicaid Services, 
shall submit a report to the Committee on Appropriations of the Senate 
and the Committee on Appropriations of the House of Representatives on 
workers' compensation set-asides under the Medicare secondary payer 
set-aside provisions under title XVIII of the Social Security Act.
    (b) The report described in subsection (a) shall contain the 
following information:
            (1) The number of workers' compensation set-aside 
        determination requests that have been pending for more than 60 
        days from the date of the initial submission for a workers' 
        compensation set-aside determination.
            (2) The average amount of time taken between the date of 
        the initial submission for a workers' compensation set-aside 
        determination request and the date of the final determination 
        by the Centers for Medicare & Medicaid Services.
            (3) The breakout of conditional payments recovered when 
        workers' compensation is the primary payer separate from the 
        amounts in Workers' Compensation Medicare Set-aside Accounts 
        (in this section referred to as ``WCMSAs'').
            (4) The aggregate amounts allocated in WCMSAs and 
        disbursements from WCMSAs for fiscal year 2005 and fiscal year 
        2006.
            (5) The number of conditional payment requests pending with 
        regard to WCMSAs after 60 days from the date of the submission 
        of the request.
            (6) The number of WCMSAs that do not receive a 
        determination based on the initial complete submission.
            (7) Any other information determined appropriate by the 
        Congressional Budget Office in order to determine the baseline 
        revenue and expenditures associated with such workers' 
        compensation set-asides.
    Sec. 241. It is the sense of the Senate that the Secretary of 
Health and Human Services should maintain ``deemed status'' coverage 
under the Medicare program for clinical trials that are federally 
funded or reviewed, as provided for by the Executive Memorandum of June 
2000.
    Sec. 242. (a) The amount appropriated under the heading ``disease 
control, research, and training'' under the heading ``Centers for 
Disease Control and Prevention'' in this title is increased by 
$1,000,000.
    (b) The amount appropriated under the heading ``general 
departmental management'' under the heading ``Office of the Secretary'' 
in this title is decreased by $1,000,000.
    (c)(1)(A) The Secretary of Health and Human Services (acting 
through the Director of the National Institute for Occupational Safety 
and Health) shall conduct, and shall invite the University of Utah and 
West Virginia University to participate in conducting, a study of the 
recovery of coal pillars through retreat room and pillar mining 
practices in underground coal mines at depths greater than 1500 feet.
    (B) The study shall examine the safety implications of retreat room 
and pillar mining practices, with emphasis on the impact of full or 
partial pillar extraction mining.
    (C) The study shall consider, among other things--
            (i) the conditions under which retreat mining is used, 
        including conditions relating to--
                    (I) seam thickness;
                    (II) depth of cover;
                    (III) strength of the mine roof, pillars, and 
                floor; and
                    (IV) the susceptibility of the mine to seismic 
                activity; and
            (ii) the procedures used to ensure miner safety during 
        retreat mining.
    (2)(A) Not later than 1 year after beginning the study described in 
paragraph (1), the Secretary shall submit a report containing the 
results of the study to the Committee on Education and Labor of the 
House of Representatives, the Committee on Health, Education, Labor, 
and Pensions of the Senate, the Committee on Appropriations of the 
House of Representatives, and the Committee on Appropriations of the 
Senate.
    (B) The report shall include recommendations to enhance the safety 
of miners working in underground coal mines where retreat mining in 
room and pillar operations is utilized. Among other things, the 
recommendations shall identify means of adapting any practical 
technology to the mining environment to improve miner protections 
during mining at depths greater than 1500 feet, and research needed to 
develop improved technology to improve miner protections during mining 
at such depths.
    (3) Not later than 90 days after the submission of the report 
described in paragraph (2) to Congress, the Secretary of Health and 
Human Services shall publish a notice in the Federal Register 
describing the actions, if any, that the Secretary intends to take 
based on the report.
    Sec. 243. None of the funds appropriated in this Act may be used to 
prevent an individual not in the business of importing a prescription 
drug (within the meaning of section 801(g) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 381(g)) from importing a prescription drug 
from Canada that complies with sections 501, 502, and 505 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355) and 
is not--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2008''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

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

                               Impact Aid

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

                      School Improvement Programs

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

                            Indian Education

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

                       Innovation and Improvement

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

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

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

                           Special Education

    For carrying out the Individuals with Disabilities Education Act 
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004, 
$12,330,374,000, of which $6,192,551,000 shall become available on July 
1, 2008, and shall remain available through September 30, 2009, and of 
which $5,924,200,000 shall become available on October 1, 2008, and 
shall remain available through September 30, 2009, for academic year 
2008-2009: Provided, That $13,000,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support activities under section 
674(c)(1)(D) of the IDEA: Provided further, That $1,500,000 shall be 
for the recipient of funds provided by Public Law 105-78 under section 
687(b)(2)(G) of the IDEA (as in effect prior to the enactment of the 
Individuals with Disabilities Education Improvement Act of 2004) to 
provide information on diagnosis, intervention, and teaching strategies 
for children with disabilities: Provided further, That the amount for 
section 611(b)(2) of the IDEA shall be equal to the lesser of the 
amount available for that activity during fiscal year 2007, increased 
by the amount of inflation as specified in section 619(d)(2)(B) of the 
IDEA, or the percentage increase in the funds appropriated under 
section 611(i) of the IDEA: Provided further, That nothing in section 
674(e) of the IDEA shall be construed to establish a private right of 
action against the National Instructional Materials Access Center for 
failure to perform the duties of such center or otherwise authorize a 
private right of action related to the performance of such center: 
Provided further, That $3,000,000 shall be available to support the 
Special Olympics Winter World Games.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the 
AT Act''), and the Helen Keller National Center Act, $3,286,942,000, of 
which $1,000,000 shall be awarded to the American Academy of Orthotists 
and Prosthetists for activities that further the purposes of the grant 
received by the Academy for the period beginning October 1, 2003, 
including activities to meet the demand for orthotic and prosthetic 
provider services and improve patient care: Provided, That $32,000,000 
shall be used for carrying out the AT Act, including $26,377,000 for 
State grant activities authorized under section 4 of the AT Act, 
$4,570,000 for State grants for protection and advocacy under section 5 
of the AT Act and $1,053,000 shall be for technical assistance 
activities under section 6 of the AT Act: Provided further, That 
$2,650,000 of the funds for section 303 of the Rehabilitation Act of 
1973 shall be available for the projects and in the amounts specified 
in the committee report of the Senate accompanying this Act: Provided 
further, That $8,400,000 shall be used to carry out the Traumatic Brain 
Injury (TBI) Model Systems of Care Program and to sustain at least 16 
TBI Model Systems Centers.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

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

               national technical institute for the deaf

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

                          gallaudet university

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

                 Career, Technical, and Adult Education

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

                      Student Financial Assistance

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

                       Student Aid Administration

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

                            Higher Education

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

                           Howard University

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

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

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

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $432,631,000, of which $3,000,000, to remain 
available until expended, shall be for building alterations and related 
expenses for the move of Department staff to the Mary E. Switzer 
building in Washington, DC: Provided, That the Secretary of Education 
shall assess the impact on education felt by students in states with a 
high proportion of federal land compared to students in non-public land 
states. The study shall consider current student teacher ratios, trends 
in student teacher ratios, the proportion of property tax dedicated to 
education in each State, and the impact of these and other factors on 
education in public land states. The Secretary shall submit the report 
not later than 1 year after the date of the enactment of this Act.

                        office for civil rights

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

                    office of the inspector general

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

                           General Provisions

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

                          (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of 
Education in this Act may be transferred between appropriations, but no 
such appropriation shall be increased by more than 3 percent by any 
such transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 305. None of the funds made available in this Act may be used 
to promulgate, implement, or enforce any revision to the regulations in 
effect under section 496 of the Higher Education Act of 1965 on June 1, 
2007, until legislation specifically requiring such revision is 
enacted.
    Sec. 306. (a) Notwithstanding section 8013(9)(B) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7713(9)(B)), North 
Chicago Community Unit School District 187, North Shore District 112, 
and Township High School District 113 in Lake County, Illinois, and 
Glenview Public School District 34 and Glenbrook High School District 
225 in Cook County, Illinois, shall be considered local educational 
agencies as such term is used in and for purposes of title VIII of such 
Act.
    (b) Notwithstanding any other provision of law, federally connected 
children (as determined under section 8003(a) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(a))) who are in 
attendance in the North Shore District 112, Township High School 
District 113, Glenview Public School District 34, and Glenbrook High 
School District 225 described in subsection (a), shall be considered to 
be in attendance in the North Chicago Community Unit School District 
187 described in subsection (a) for purposes of computing the amount 
that the North Chicago Community Unit School District 187 is eligible 
to receive under subsection (b) or (d) of such section if--
            (1) such school districts have entered into an agreement 
        for such students to be so considered and for the equitable 
        apportionment among all such school districts of any amount 
        received by the North Chicago Community Unit School District 
        187 under such section; and
            (2) any amount apportioned among all such school districts 
        pursuant to paragraph (1) is used by such school districts only 
        for the direct provision of educational services.
    Sec. 307. Notwithstanding any other provision of this Act, 
$2,000,000 shall be available for the Underground Railroad Educational 
and Cultural Program. Amounts appropriated under title III for 
administrative expenses shall be reduced on a pro rata basis by 
$2,000,000.
    Sec. 308. No funds appropriated under this Act may be used by the 
Secretary of Education to promulgate, implement, or enforce the 
evaluation for the Upward Bound Program as announced in the Notice of 
Final Priority published at 71 Fed. Reg. 55447-55450 (Sept. 22, 2006), 
until after the Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Education and Labor of the House of 
Representatives have thoroughly examined such regulation in concert 
with the reauthorization of the Higher Education Act of 1965.
    Sec. 309. Notwithstanding any other provision of this Act, the 
Secretary of Education shall, not later than September 30, 2008, submit 
to the appropriate committees of Congress and post on the Internet 
website of the Department of Education, a report concerning--
            (1) the total number of Department of Education employees, 
        including employees who salaries are paid by the Department but 
        are employed by contractors or grantees of the Department;
            (2) the total number, and percentage, of such employees who 
        have previously worked in a classroom as a teacher or a 
        teacher's assistant;
            (3) of the employees who have worked in a classroom, the 
        average number of years of time spent as an instructor;
            (4) the total dollar amount, and overall percentage of the 
        Department of Education funding, that is expended--
                    (A) in the classroom;
                    (B) on student tuition assistance;
                    (C) on overhead and administrative costs and 
                expenses; and
                    (D) on Congressionally directed spending items, 
                including the administrative costs of administering 
                such earmarks; and
            (5) a listing of all of the programs run by the Department 
        of Education and the total budget and most recent evaluation of 
        each such program, and a notation if no such evaluation has 
        been conducted.
    Sec. 310. Sense of the Senate Regarding Science Teaching and 
Assessment. (a) Findings.--The Senate finds that there is broad 
agreement in the scientific community that learning science requires 
direct involvement by students in scientific inquiry and that such 
direct involvement must be included in every science program for every 
science student in prekindergarten through grade 16.
    (b) Sense of the Senate Regarding the National Assessment of 
Educational Progress 2009 Science Test.--It is the sense of the Senate 
that--
            (1) the National Assessment of Educational Progress (NAEP) 
        2009 Science assessment should reflect the findings of the 
        Senate described in subsection (a) and those expressed in 
        section 7026(a) of the America Creating Opportunities to 
        Meaningfully Promote Excellence in Technology, Education, and 
        Science Act; and
            (2) the National Assessment Governing Board (NAGB) should 
        certify that the National Assessment of Education Progress 2009 
        Science framework, specification, and assessment include 
        extensive and explicit attention to inquiry.
    (c) Report.--The National Assessment Governing Board shall submit a 
report to the Committee on Health, Education, Labor, and Pensions of 
the Senate describing whether the certification described in subsection 
(b)(2) has been made, and if such certification has been made, include 
in the report the following:
            (1) A description of the analysis used to arrive at such 
        certification.
            (2) A list of individuals with experience in inquiry 
        science education making the certification.
    Sec. 311. (a) In addition to amounts otherwise appropriated under 
this Act, there are appropriated, out of any money in the Treasury not 
otherwise appropriated--
            (1) $6,000,000 to carry out the programs for baccalaureate 
        degrees in science, technology, engineering, mathematics, or 
        critical foreign languages, with concurrent teacher 
        certification under section 6113 of the America COMPETES Act 
        (Public Law 110-69); and
            (2) $4,000,000 to carry out the programs for master's 
        degrees in science, technology, engineering, and mathematics, 
        or critical foreign language education under section 6114 of 
        the America COMPETES Act (Public Law 110-69).
    (b) Notwithstanding any other provision of this Act, amounts made 
available under this Act for the administration and related expenses 
for the departmental management of the Department of Education, shall 
be reduced by $10,000,000.
    Sec. 312. (a) The Secretary of Education shall update the 2002 
Department of Education and United States Secret Service guidance 
entitled ``Threat Assessment in Schools: A Guide to Managing 
Threatening Situations and to Creating Safe School Climates'' to 
reflect the recommendations contained in the report entitled ``Report 
to the President On Issues Raised by the Virginia Tech Tragedy'', to 
include the need to provide schools with guidance on how information 
can be shared legally under the regulations issued under section 264(c) 
of the Health Insurance Portability and Accountability Act and the 
Family Educational Rights and Privacy Act.
     (b) Not later than 3 months after the date of enactment of this 
Act, the Secretary of Education shall disseminate the updated guidance 
under subsection (a) to institutions of higher education and to State 
departments of education for distribution to all local education 
agencies.
    Sec. 313. (a) Not later than May 31, 2009, the Comptroller General 
of the United States shall submit a report to Congress on the 
strategies utilized to assist students in meeting State student 
academic achievement standards, including achieving proficiency on 
State academic assessments.
     (b) The report required under subsection (a) shall include data 
collected from a representative sample of schools across the Nation to 
determine the strategies utilized by schools to prepare students to 
meet State student academic achievement standards and achieve 
proficiency on State academic assessments, including the following 
categories of strategies:
            (1) Adjusting the structure of the school day, which may 
        include the expansion of the school day, or modifications in 
        the time spent on instruction in core academic subjects.
            (2) The professional development provided to teachers or 
        additional school personnel to assist low-performing students.
            (3) Changes in the provision of instruction to students, 
        including targeting low-performing students for specialized 
        instruction or tutoring.
            (4) Utilizing types of instructional materials to prepare 
        students.
            (5) Instituting other State or local assessments.
            (6) Using other strategies to prepare students to meet 
        State student academic achievement standards and achieve 
        proficiency on State academic assessments.
    (c) The data collected pursuant to this section shall be 
disaggregated by--
            (1) schools with a high percentage of students eligible for 
        a free or reduced price lunch under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.);
            (2) schools with a low percentage of students eligible for 
        a free or reduced price lunch under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.);
            (3) schools with a student enrollment consisting of a 
        majority of racial and ethnic minority students;
            (4) schools with a student enrollment consisting of a 
        majority of non-minority students;
            (5) urban schools;
            (6) suburban schools;
            (7) rural schools; and
            (8) schools identified as in need of improvement under 
        section 1116 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6316).
    (d) The representative sample described in subsection (b) shall be 
designed in such a manner as to provide valid, reliable, and accurate 
information as well as sufficient sample sizes for each type of school 
described in subsection (c).
    (e) The data collected under subsection (b) shall be reported 
separately for the most common types of strategies, in each of the 
categories listed in paragraphs (1) through (6) of subsection (b), used 
by schools to prepare students to meet State student academic 
achievement standards, including achieving proficiency on State 
academic assessments.
    Sec. 314. Prior to January 1, 2008, the Secretary of Education may 
not terminate any voluntary flexible agreement under section 428A of 
the Higher Education Act of 1965 (20 U.S.C. 1078-1) that exists on the 
date of enactment of this Act. With respect to an entity with which the 
Secretary of Education has a voluntary flexible agreement under section 
428A of the Higher Education Act of 1965 (20 U.S.C. 1078-1) on the date 
of enactment of this Act that is not cost neutral, if the Secretary 
terminates such agreement after January 1, 2008, the Secretary of 
Education shall, not later than December 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.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2008''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

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

             Corporation for National and Community Service

      national and community service programs, operating expenses

                     (including transfer of funds)

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

                         salaries and expenses

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

                      office of inspector general

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

                       administrative provisions

                     (including transfer of funds)

    Notwithstanding any other provision of law, the term ``qualified 
student loan'' with respect to national service education awards shall 
mean any loan determined by an institution of higher education to be 
necessary to cover a student's cost of attendance at such institution 
and made, insured, or guaranteed directly to a student by a State 
agency, in addition to other meanings under section 148(b)(7) of the 
National and Community Service Act.
    Notwithstanding any other provision of law, funds made available 
under section 129(d)(5)(B) of the National and Community Service Act to 
assist entities in placing applicants who are individuals with 
disabilities may be provided to any entity that receives a grant under 
section 121 of the Act.
    The Inspector General of the Corporation for National and Community 
Service shall conduct random audits of the grantees that administer 
activities under the AmeriCorps programs and shall levy sanctions in 
accordance with standard Inspector General audit resolution procedures 
which include, but are not limited to, debarment of any grantee (or 
successor in interest or any entity with substantially the same person 
or persons in control) that has been determined to have committed any 
substantial violations of the requirements of the AmeriCorps programs, 
including any grantee that has been determined to have violated the 
prohibition of using Federal funds to lobby the Congress: Provided, 
That the Inspector General shall obtain reimbursements in the amount of 
any misused funds from any grantee that has been determined to have 
committed any substantial violations of the requirements of the 
AmeriCorps programs.
    For fiscal year 2008, the Corporation shall make any significant 
changes to program requirements or policy only through public notice 
and comment rulemaking. For fiscal year 2008, during any grant 
selection process, no officer or employee of the Corporation shall 
knowingly disclose any covered grant selection information regarding 
such selection, directly or indirectly, to any person other than an 
officer or employee of the Corporation that is authorized by the 
Corporation to receive such information.
    Except as expressly provided herein, not to exceed 1 percent of any 
discretionary funds (pursuant to the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended) which are appropriated for the 
Corporation in this Act may be transferred between activities 
identified under this heading in the committee report accompanying this 
Act, but no such activity shall be increased by more than 3 percent by 
any such transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.

                  Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service

                         salaries and expenses

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

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

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

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996, 
$266,680,000: Provided, That $8,680,000 shall be available for the 
projects and in the amounts specified in the committee report of the 
Senate accompanying this Act: Provided further, That funds may be made 
available for grants to Federal commissions that support museum and 
library activities, in partnership with libraries and museums that are 
eligible for funding under programs carried out by the Institute of 
Museum and Library Services.

                  Medicare Payment Advisory Commission

                         salaries and expenses

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

        National Commission on Libraries and Information Science

                         salaries and expenses

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

                     National Council on Disability

                         salaries and expenses

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

                     National Labor Relations Board

                         salaries and expenses

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

                        National Mediation Board

                         salaries and expenses

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

            Occupational Safety and Health Review Commission

                         salaries and expenses

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

                       Railroad Retirement Board

                     dual benefits payments account

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

          federal payments to the railroad retirement accounts

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

                      limitation on administration

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

             limitation on the office of inspector general

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

                     Social Security Administration

                payments to social security trust funds

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

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$26,959,000,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2009, $14,800,000,000, to 
remain available until expended.

                 limitation on administrative expenses

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

                      office of inspector general

                     (including transfer of funds)

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Salaries 
and expenses, Federal Mediation and Conciliation Service''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``Salaries and expenses, 
National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated in this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.
    Sec. 506. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 507. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled Substances Act 
(21 U.S.C. 812).
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving the 
standard.
    Sec. 512. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 513. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514. None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act (20 
U.S.C. 9134(f)), as amended by the Children's Internet Protections Act, 
unless such library has made the certifications required by paragraph 
(4) of such section.
    Sec. 515. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act (20 U.S.C. 
6777(a)), as amended by the Children's Internet Protections Act and the 
No Child Left Behind Act, unless the local educational agency with 
responsibility for such covered school has made the certifications 
required by paragraph (2) of such section.
    Sec. 516. None of the funds appropriated in this Act may be used to 
enter into an arrangement under section 7(b)(4) of the Railroad 
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental 
financial institution to serve as disbursing agent for benefits payable 
under the Railroad Retirement Act of 1974.
    Sec. 517. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2008, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming or of an announcement 
of intent relating to such reprogramming, whichever occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2008, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming or of an announcement 
of intent relating to such reprogramming, whichever occurs earlier.
    Sec. 518. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 519. The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the Senate and of the House of Representatives a 
report on the number and amount of contracts, grants, and cooperative 
agreements exceeding $100,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2008, but 
not to include grants awarded on a formula basis. Such report shall 
include the name of the contractor or grantee, the amount of funding, 
and the governmental purpose. Such report shall be transmitted to the 
Committees within 30 days after the end of the quarter for which the 
report is submitted.
    Sec. 520. 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. 521. None of the funds made available under this Act may be 
used to circumvent any statutory or administrative formula-driven or 
competitive awarding process to award funds to a project in response to 
a request from a Member of Congress (or any employee of a Member or 
committee of Congress), unless the specific project has been disclosed 
in accordance with the rules of the Senate or House of Representatives, 
as applicable.
    Sec. 522. (a) Notwithstanding any other provision of this Act, none 
of the funds made available under the heading ``office of museum and 
library services: grants and administration'' under the heading 
``Institute of Museum and Library Services'' in title IV may be used 
for the Bethel Performing Arts Center.
    (b) The amount made available under the heading ``office of museum 
and library services: grants and administration'' under the heading 
``Institute of Museum and Library Services'' in title IV is reduced by 
$1,000,000, and the amount made available under the heading ``health 
resources and services'' under the heading ``Health Resources and 
Services Administration'' in title II is increased by $336,500, which 
$336,500 shall be used to carry out title V of the Social Security Act 
(42 U.S.C. 701 et seq.), in order to provide additional funding for the 
maternal and child health services program carried out under that 
title.
    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. (a) Notwithstanding any other provision of this Act, the 
amount appropriated under the heading ``limitation on administrative 
expenses'' under the heading ``Social Security Administration'' shall 
be increased by $150,000,000.
    (b) Section 1848(l)(2)(A) of the Social Security Act (42 U.S.C. 
1395w-4(l)(2)(A)), as amended by section 6 of the TMA, Abstinence 
Education, and QI Programs Extension Act of 2007 (Public Law 110-90), 
is amended by striking ``$1,350,000,000'' and inserting 
``$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. (a) The Comptroller General of the United States shall 
conduct a study to evaluate the Social Security Administration's plan 
to reduce the hearing backlog for disability claims at the Social 
Security Administration and the Social Security Administration's 
current and planned initiatives to improve the disability process, as 
contained in the report submitted to the Senate on September 13, 2007, 
pursuant to Senate Report 110-107.
    (b) Not later than 5 months after the date of enactment of this 
Act, the Comptroller General of the United States shall submit to 
Congress a report on the study conducted under subsection (a), together 
with such recommendations as the Comptroller General determines 
appropriate.
    Sec. 526. Not later than 9 months after the date of enactment of 
this Act, the Government Accountability Office shall submit a report to 
Congress that contains an assessment of the process for hiring and 
managing administrative law judges and makes recommendations on ways to 
improve the hiring and management of administrative law judges.
    Sec. 527. None of the funds appropriated or otherwise made 
available in this Act or any other Act making appropriations to the 
agencies funded by this Act may be used to close or otherwise cease to 
operate the field office of the Social Security Administration located 
in Bristol, Connecticut, before the date on which the Commissioner of 
Social Security submits to the appropriate committees of Congress a 
comprehensive and detailed report outlining and justifying the process 
for selecting field offices to be closed. Such report shall include--
            (1) a thorough analysis of the criteria used for selecting 
        field offices for closure and how the Commissioner of Social 
        Security analyzes and considers factors relating to 
        transportation and communication burdens faced by elderly and 
        disabled citizens as a result of field office closures, 
        including the extent to which elderly citizens have access to, 
        and competence with, online services; and
            (2) for each field office proposed to be closed during 
        fiscal year 2007 or 2008, including the office located in 
        Bristol, Connecticut, a thorough cost-benefit analysis for each 
        such closure that takes into account--
                    (A) the savings anticipated as a result of the 
                closure;
                    (B) the anticipated burdens placed on elderly and 
                disabled citizens; and
                    (C) any costs associated with replacement services 
                and provisional contact stations.
    Sec. 528. Notwithstanding any other provision of this Act, none of 
the funds appropriated in this Act may be allocated, directed, or 
otherwise made available to cities that provide safe haven to illegal 
drug users through the use of illegal drug injection facilities.
    Sec. 529. Iraqi and Afghan aliens granted special immigrant status 
under section 101(a)(27) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)) shall be eligible for resettlement assistance, 
entitlement programs, and other benefits available to refugees admitted 
under section 207 of such Act (8 U.S.C. 1157) for a period not to 
exceed 6 months.
    Sec. 530. 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. 531. 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 (42 U.S.C. 
408).
    Sec. 532. American Competitiveness Scholarship Program.--(a) Short 
Title.--This section may be cited as the ``American Competitiveness 
Scholarship Act of 2007''.
    (b) Establishment.--The Director of the National Science Foundation 
(referred to in this section as the ``Director'') shall award 
scholarships to eligible individuals to enable such individuals to 
pursue associate, undergraduate, or graduate level degrees in 
mathematics, engineering, health care, or computer science.
    (c) Eligibility.--
            (1) In general.--To be eligible to receive a scholarship 
        under this section, an individual shall--
                    (A) be a citizen of the United States, a national 
                of the United States (as defined in section 101(a) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a))), an alien admitted as a refugee under section 
                207 of such Act (8 U.S.C. 1157), or an alien lawfully 
                admitted to the United States for permanent residence;
                    (B) prepare and submit to the Director an 
                application at such time, in such manner, and 
                containing such information as the Director may 
                require; and
                    (C) certify to the Director that the individual 
                intends to use amounts received under the scholarship 
                to enroll or continue enrollment at an institution of 
                higher education (as defined in section 101(a) of the 
                Higher Education Act of 1965 (20 U.S.C. 1001(a)) in 
                order to pursue an associate, undergraduate, or 
                graduate level degree in mathematics, engineering, 
                computer science, nursing, medicine, or other clinical 
                medical program, or technology, or science program 
                designated by the Director.
            (2) Ability.--Awards of scholarships under this section 
        shall be made by the Director solely on the basis of the 
        ability of the applicant, except that in any case in which 2 or 
        more applicants for scholarships are deemed by the Director to 
        be possessed of substantially equal ability, and there are not 
        sufficient scholarships available to grant one to each of such 
        applicants, the available scholarship or scholarships shall be 
        awarded to the applicants in a manner that will tend to result 
        in a geographically wide distribution throughout the United 
        States of recipients' places of permanent residence.
    (d) Amount of Scholarship; Renewal.--
            (1) Amount of scholarship.--The amount of a scholarship 
        awarded under this section shall be $15,000 per year, except 
        that no scholarship shall be greater than the annual cost of 
        tuition and fees at the institution of higher education in 
        which the scholarship recipient is enrolled or will enroll.
            (2) Renewal.--The Director may renew a scholarship under 
        this section for an eligible individual for not more than 4 
        years.
    (e) Funding.--The Director shall carry out this section only with 
funds made available under section 286(w) of the Immigration and 
Nationality Act, as added by subsection (g).
    (f) Federal Register.--Not later than 60 days after the date of the 
enactment of this Act, the Director shall publish in the Federal 
Register a list of eligible programs of study for a scholarship under 
this section.
    (g) Supplemental H-1b Nonimmigrant Petitioner Account; Gifted and 
Talented Students Education Account.--Section 286 of the Immigration 
and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the 
following:
    ``(w) Supplemental H-1B Nonimmigrant Petitioner Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Supplemental H-1B Nonimmigrant Petitioner Account'. 
        Notwithstanding any other section of this Act, there shall be 
        deposited as offsetting receipts into the account 85.75 percent 
        of the fees collected under section 214(c)(15)(B).
            ``(2) Use of fees for american competitiveness scholarship 
        program.--The amounts deposited into the Supplemental H-1B 
        Nonimmigrant Petitioner Account shall remain available to the 
        Director of the National Science Foundation until expended for 
        scholarships described in the American Competitiveness 
        Scholarship Act of 2007 for students enrolled in a program of 
        study leading to a degree in mathematics, engineering, health 
        care, or computer science.
    ``(x) Gifted and Talented Students Education Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Gifted and Talented Students Education Account'. There shall 
        be deposited as offsetting receipts into the account 14.25 
        percent of the fees collected under section 214(c)(15)(B).
            ``(2) Use of fees.--Amounts deposited into the account 
        established under paragraph (1) shall remain available to the 
        Secretary of Education until expended for programs and projects 
        authorized under the Jacob K. Javits Gifted and Talented 
        Students Education Act of 2001 (20 U.S.C. 7253 et seq.).''.
    (h) Supplemental and Deficit Reduction Fees.--Section 214(c) of the 
Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding 
at the end the following:
            ``(15)(A) Except as provided under subparagraph (D), if the 
        Attorney General, the Secretary of Homeland Security, or the 
        Secretary of State is required to impose a fee pursuant to 
        paragraph (9) or (11), the Attorney General, the Secretary of 
        Homeland Security, or the Secretary of State, as appropriate, 
        shall impose a supplemental fee and a deficit reduction fee on 
        the employer in addition to any other fee required by such 
        paragraph or any other provision of law, in the amounts 
        determined under subparagraph (B).
            ``(B) The amount of the supplemental fee shall be $3,500, 
        except that the fee shall be \1/2\ that amount for any employer 
        with not more than 25 full-time equivalent employees who are 
        employed in the United States (determined by including any 
        affiliate or subsidiary of such employer).
            ``(C) Of the amounts collected under subparagraph (B)--
                    ``(i) 85.75 percent shall be deposited in the 
                Treasury in accordance with section 286(w); and
                    ``(ii) 14.25 percent shall be deposited in the 
                Treasury in accordance with section 286(x).
            ``(D) Public hospitals, which are owned and operated by a 
        State or a political subdivision of a State shall not be 
        subject to the supplemental fees imposed under this 
        paragraph.''.
    Sec. 533. Section 106(d) of the American Competitiveness in the 
Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 
note) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``1996, 1997,'' after ``available 
                in fiscal year''; and
                    (B) by inserting ``group I,'' after ``schedule 
                A,'';
            (2) in paragraph (2)(A), by inserting ``1996, 1997, and'' 
        after ``available in fiscal years''; and
            (3) by adding at the end the following:
            ``(4) Petitions.--The Secretary of Homeland Security shall 
        provide a process for reviewing and acting upon petitions with 
        respect to immigrants described in schedule A not later than 30 
        days after the date on which a completed petition has been 
        filed.''.
    Sec. 534. (a) Fee for Recapture of Unused Employment-Based 
Immigrant Visas.--Section 106(d) of the American Competitiveness in the 
Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 
note), as amended by section 521, is further amended by adding at the 
end the following:
            ``(5) Fee for recapture of unused employment-based 
        immigrant visas.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall impose a fee upon each petitioning 
                employer who uses a visa recaptured from fiscal years 
                1996 and 1997 under this subsection to provide 
                employment for an alien as a professional nurse, 
                provided that--
                            ``(i) such fee shall be in the amount of 
                        $1,500 for each such alien nurse (but not for 
                        dependents accompanying or following to join 
                        who are not professional nurses); and
                            ``(ii) no fee shall be imposed for the use 
                        of such visas if the employer demonstrates to 
                        the Secretary that--
                                    ``(I) the employer is a health care 
                                facility that is located in a county or 
                                parish that received individual and 
                                public assistance pursuant to Major 
                                Disaster Declaration number 1603 or 
                                1607; or
                                    ``(II) the employer is a health 
                                care facility that has been designated 
                                as a Health Professional Shortage Area 
                                facility by the Secretary of Health and 
                                Human Services as defined in section 
                                332 of the Public Health Service Act 
                                (42 U.S.C. 254e).
                    ``(B) Fee collection.--A fee imposed by the 
                Secretary of Homeland Security pursuant to this 
                paragraph shall be collected by the Secretary as a 
                condition of approval of an application for adjustment 
                of status by the beneficiary of a petition or by the 
                Secretary of State as a condition of issuance of a visa 
                to such beneficiary.''.
    (b) Capitation Grants to Increase the Number of Nursing Faculty and 
Students; Domestic Nursing Enhancement Account.--Part D of title VIII 
of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by 
adding at the end the following:

``SEC. 832. CAPITATION GRANTS.

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

``SEC. 833. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

    ``(a) Establishment.--There is established in the general fund of 
the Treasury a separate account which shall be known as the `Domestic 
Nursing Enhancement Account.' Notwithstanding any other provision of 
law, there shall be deposited as offsetting receipts into the account 
all fees collected under section 106(d)(5) of the American 
Competitiveness in the Twenty-first Century Act of 2000 (Public Law 
106-313; 8 U.S.C. 1153 note). Nothing in this subsection shall prohibit 
the depositing of other moneys into the account established under this 
section.
    ``(b) Use of Funds.--Amounts collected under section 106(d)(5) of 
the American Competitiveness in the Twenty-first Century Act of 2000, 
and deposited into the account established under subsection (a) shall 
be used by the Secretary of Health and Human Services to carry out 
section 832. Such amounts shall be available for obligation only to the 
extent, and in the amount, provided in advance in appropriations Acts. 
Such amounts are authorized to remain available until expended.''.
    (c) Global Health Care Cooperation.--
            (1) In general.--Title III of the Immigration and 
        Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting 
        after section 317 the following:

``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN 
              DEVELOPING COUNTRIES.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Secretary of Homeland Security shall allow an eligible alien and 
the spouse or child of such alien to reside in a candidate country 
during the period that the eligible alien is working as a physician or 
other health care worker in a candidate country. During such period the 
eligible alien and such spouse or child shall be considered--
            ``(1) to be physically present and residing in the United 
        States for purposes of naturalization under section 316(a); and
            ``(2) to meet the continuous residency requirements under 
        section 316(b).
    ``(b) Definitions.--In this section:
            ``(1) Candidate country.--The term `candidate country' 
        means a country that the Secretary of State determines to be--
                    ``(A) eligible for assistance from the 
                International Development Association, in which the per 
                capita income of the country is equal to or less than 
                the historical ceiling of the International Development 
                Association for the applicable fiscal year, as defined 
                by the International Bank for Reconstruction and 
                Development;
                    ``(B) classified as a lower middle income country 
                in the then most recent edition of the World 
                Development Report for Reconstruction and Development 
                published by the International Bank for Reconstruction 
                and Development and having an income greater than the 
                historical ceiling for International Development 
                Association eligibility for the applicable fiscal year; 
                or
                    ``(C) qualified to be a candidate country due to 
                special circumstances, including natural disasters or 
                public health emergencies.
            ``(2) Eligible alien.--The term `eligible alien' means an 
        alien who--
                    ``(A) has been lawfully admitted to the United 
                States for permanent residence; and
                    ``(B) is a physician or other healthcare worker.
    ``(c) Consultation.--The Secretary of Homeland Security shall 
consult with the Secretary of State in carrying out this section.
    ``(d) Publication.--The Secretary of State shall publish--
            ``(1) not later than 180 days after the date of the 
        enactment of this section, a list of candidate countries;
            ``(2) an updated version of the list required by paragraph 
        (1) not less often than once each year; and
            ``(3) an amendment to the list required by paragraph (1) at 
        the time any country qualifies as a candidate country due to 
        special circumstances under subsection (b)(1)(C).''.
            (2) Rulemaking.--
                    (A) Requirement.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary of 
                Homeland Security shall promulgate regulations to carry 
                out the amendments made by this subsection.
                    (B) Content.--The regulations promulgated pursuant 
                to paragraph (1) shall--
                            (i) permit an eligible alien (as defined in 
                        section 317A of the Immigration and Nationality 
                        Act, as added by paragraph (1)) and the spouse 
                        or child of the eligible alien to reside in a 
                        foreign country to work as a physician or other 
                        healthcare worker as described in subsection 
                        (a) of such section 317A for not less than a 
                        12-month period and not more than a 24-month 
                        period, and shall permit the Secretary to 
                        extend such period for an additional period not 
                        to exceed 12 months, if the Secretary 
                        determines that such country has a continuing 
                        need for such a physician or other healthcare 
                        worker;
                            (ii) provide for the issuance of documents 
                        by the Secretary to such eligible alien, and 
                        such spouse or child, if appropriate, to 
                        demonstrate that such eligible alien, and such 
                        spouse or child, if appropriate, is authorized 
                        to reside in such country under such section 
                        317A; and
                            (iii) provide for an expedited process 
                        through which the Secretary shall review 
                        applications for such an eligible alien to 
                        reside in a foreign country pursuant to 
                        subsection (a) of such section 317A if the 
                        Secretary of State determines a country is a 
                        candidate country pursuant to subsection 
                        (b)(1)(C) of such section 317A.
            (3) Technical and conforming amendments.--
                    (A) Definition.--Section 101(a)(13)(C)(ii) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(13)(C)(ii)) is amended by adding at the end the 
                following: ``except in the case of an eligible alien, 
                or the spouse or child of such alien, who is authorized 
                to be absent from the United States under section 
                317A,''.
                    (B) Documentary requirements.--Section 211(b) of 
                such Act (8 U.S.C. 1181(b)) is amended by inserting ``, 
                including an eligible alien authorized to reside in a 
                foreign country under section 317A and the spouse or 
                child of such eligible alien, if appropriate,'' after 
                ``101(a)(27)(A),''.
                    (C) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) 
                of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended 
                by inserting ``other than an eligible alien authorized 
                to reside in a foreign country under section 317A and 
                the spouse or child of such eligible alien, if 
                appropriate,'' after ``Act,''.
                    (D) Clerical amendment.--The table of contents of 
                such Act is amended by inserting after the item 
                relating to section 317 the following:

``Sec. 317A. Temporary absence of aliens providing health care in 
                            developing countries.''.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to U.S. Citizenship and Immigration Services 
        such sums as may be necessary to carry out this subsection and 
        the amendments made by this subsection.
    (d) Attestation by Health Care Workers.--
            (1) Attestation requirement.--Section 212(a)(5) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is 
        amended by adding at the end the following:
                    ``(E) Health care workers with other obligations.--
                            ``(i) In general.--An alien who seeks to 
                        enter the United States for the purpose of 
                        performing labor as a physician or other health 
                        care worker is inadmissible unless the alien 
                        submits to the Secretary of Homeland Security 
                        or the Secretary of State, as appropriate, an 
                        attestation that the alien is not seeking to 
                        enter the United States for such purpose during 
                        any period in which the alien has an 
                        outstanding obligation to the government of the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(ii) Obligation defined.--In this 
                        subparagraph, the term `obligation' means an 
                        obligation incurred as part of a valid, 
                        voluntary individual agreement in which the 
                        alien received financial assistance to defray 
                        the costs of education or training to qualify 
                        as a physician or other health care worker in 
                        consideration for a commitment to work as a 
                        physician or other health care worker in the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(iii) Waiver.--The Secretary of Homeland 
                        Security may waive a finding of inadmissibility 
                        under clause (i) if the Secretary determines 
                        that--
                                    ``(I) the obligation was incurred 
                                by coercion or other improper means;
                                    ``(II) the alien and the government 
                                of the country to which the alien has 
                                an outstanding obligation have reached 
                                a valid, voluntary agreement, pursuant 
                                to which the alien's obligation has 
                                been deemed satisfied, or the alien has 
                                shown to the satisfaction of the 
                                Secretary that the alien has been 
                                unable to reach such an agreement 
                                because of coercion or other improper 
                                means; or
                                    ``(III) the obligation should not 
                                be enforced due to other extraordinary 
                                circumstances, including undue hardship 
                                that would be suffered by the alien in 
                                the absence of a waiver.''.
            (2) Effective date; application.--
                    (A) Effective date.--The amendment made by 
                paragraph (1) shall take effect on the date that is 180 
                days after the date of the enactment of this Act.
                    (B) Application by the secretary.--Not later than 
                the effective date described in subparagraph (A), the 
                Secretary of Homeland Security shall begin to carry out 
                subparagraph (E) of section 212(a)(5) of the 
                Immigration and Nationality Act, as added by paragraph 
                (1), including the requirement for the attestation and 
                the granting of a waiver described in clause (iii) of 
                such subparagraph (E), regardless of whether 
                regulations to implement such subparagraph have been 
                promulgated.
    Sec. 535. None of the funds made available under this Act may be 
used to purchase first class or premium airline travel that would not 
be consistent with sections 301-10.123 and 301-10.124 of title 41 of 
the Code of Federal Regulations.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2008''.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                               H. R. 3043

_______________________________________________________________________

                               AMENDMENT