[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3043 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 3043

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2008, and for other purposes.

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

    For necessary expenses of the Workforce Investment Act of 1998 
(``the Act''), and the Women in Apprenticeship and Nontraditional 
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 Act, $3,579,530,000, 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 is available for the 
                period July 1, 2008, to June 30, 2009, and of which 
                $712,000,000 is 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.
                    (C) $1,189,811,000 for dislocated worker employment 
                and training activities, of which $341,811,000 is 
                available for the period July 1, 2008, through June 30, 
                2009, and of which $848,000,000 is available for the 
                period October 1, 2008, through June 30, 2009: 
                Provided, That notwithstanding the transfer limitation 
                under section 133(b)(4) of such Act (29 U.S.C. 
                2863(B)(4)), up to 30 percent of such funds may be 
                transferred by a local board if approved by the 
                Governor.
            (2) For federally administered programs, $483,213,000 as 
        follows:
                    (A) $282,092,000 for the dislocated workers 
                assistance national reserve, of which $2,600,000 is 
                available on October 1, 2007, of which $67,492,000 is 
                available for the period July 1, 2008, through June 30, 
                2009, and of which $212,000,000 is available for the 
                period October 1, 2008, through June 30, 2009: 
                Provided, That up to $125,000,000 may be made available 
                for Community-Based Job Training grants: Provided 
                further, That funds provided to carry out section 
                132(a)(2)(A) of the Act (29 U.S.C. 2862(A)(2)(a)) 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 Act (29 U.S.C. 2916(d)) may be used for 
                demonstration projects that provide assistance to new 
                entrants in the workforce and incumbent workers: 
                Provided further, That $2,600,000 shall be for a 
                noncompetitive grant to the National Center on 
                Education and the Economy, which shall be awarded not 
                later than 30 days after the date of enactment of this 
                Act.
                    (B) $56,381,000 for Native American programs, which 
                shall be available for the period July 1, 2008, through 
                June 30, 2009.
                    (C) $83,740,000 for migrant and seasonal 
                farmworkers under section 167 of the Act (29 U.S.C. 
                2912), of which $78,740,000 is for formula grants (of 
                which not less that 70 percent shall be for employment 
                and training services) and $5,000,000 is for migrant 
                and seasonal housing (of which not less than 70 percent 
                shall be for permanent housing), which shall be 
                available for the period July 1, 2008, through June 30, 
                2009.
                    (D) $60,000,000 for YouthBuild activities under 
                section 173A of the Act (29 U.S.C. 2918a), which shall 
                be available for the period April 1, 2008, through June 
                30, 2009.
                    (E) $1,000,000 for carrying out the Women in 
                Apprenticeship and Nontraditional Occupations Act (29 
                U.S.C. 2501 et seq.), which shall be available for the 
                period July 1, 2008, through June 30, 2009.
            (3) For national activities, $101,807,000, which shall be 
        available for the period July 1, 2008, through July 30, 2009, 
        as follows:
                    (A) $68,746,000 for ex-offender activities, under 
                the authority of section 171 of the Act (29 U.S.C. 
                2916), notwithstanding the requirements of sections 
                171(b)(2)(B) or 171(c)(4)(D) of such section, of which 
                not less than $48,000,000 shall be for youthful 
                offender activities.
                    (B) $28,140,000 for Pilots, Demonstrations, and 
                Research (notwithstanding the requirements of sections 
                171(b)(2)(B) or 171(c)(4)(D) of the Act (29 U.S.C. 
                2916(b)(2)(B) or (c)(4)(D)), of which $10,000,000 shall 
                be for grants to address the employment and training 
                needs of young parents.
                    (C) $4,921,000 for Evaluation under the authority 
                of section 172 of the Act (29 U.S.C. 2917).
    Of the amounts made available under this heading in Public Law 107-
116 to carry out the activities of the National Skill Standards Board, 
$44,000 is rescinded.
    Of the unexpended balances, including recaptures and carryover, 
remaining from funds appropriated to the Department of Labor under this 
heading for fiscal years 2006 and prior years, $335,000,000 is 
rescinded.

            community service employment for older americans

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

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $85,945,000, together with 
not to exceed $3,256,669,000 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 8501-8525 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) $23,203,000, together with $702,680,000 from the Trust 
        Fund, is for grants to States in accordance with section 6 of 
        the Wagner-Peyser Act, and shall be available for Federal 
        obligation for the period July 1, 2008, through June 30, 2009;
            (4) $32,766,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, the administration of 
        activities, including foreign labor certifications, under the 
        Immigration and Nationality Act, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act, 
        including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service agencies 
        prior to 1980;
            (5) $52,985,000 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) $9,757,000 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 fiscal 
year 2008, the Secretary shall submit an interim report to the Congress 
that includes available information on expenditures, number of 
claimants assessed, and outcomes from the assessments: Provided 
further, That not later than 18 months following the end of the fiscal 
year, the Secretary of Labor shall submit to the Congress a final 
report containing comprehensive information on the estimated savings 
that result from the assessments of claimants and identification of 
best practices.

        advances to the unemployment trust fund and other funds

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

                         program administration

    For expenses of administering employment and training programs, 
$88,451,000, together with not to exceed $82,049,000, which may be 
expended from the employment security administration account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

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

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

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

                  Employment Standards Administration

                         salaries and expenses

                         (including rescission)

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $434,397,000, 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 section 3302 of title 
31, United States Code, 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 (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 is rescinded.

                            special benefits

                     (including transfer of funds)

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

               special benefits for disabled coal miners

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

    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation 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 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 
such Act provide as part of such claim, such identifying information 
(including Social Security account number) as may be prescribed. 
Provided further, That not later than 30 days after enactment of this 
Act, in addition to other sums transferred by the Secretary to the 
National Institute for Occupational Safety and Health (NIOSH) for the 
administration of the Energy Employees Occupational Illness 
Compensation Program (EEOICPA), the Secretary 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 EEOICPA (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 and interest on 
advances, as authorized by section 9501(c)(2) of such 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) of such Act: 
$32,761,000 for transfer to the Employment Standards Administration 
``Salaries and Expenses''; $24,785,000 for transfer to Departmental 
Management, ``Salaries and Expenses''; $335,000 for transfer to 
Departmental Management, ``Office of Inspector General''; and $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, $503,516,000, including not to exceed $91,093,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (``the Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary of Labor under section 18 of the Act; 
and, in addition, notwithstanding section 3302 of title 31, United 
States Code, 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: Provided, That, notwithstanding section 3302 of title 31, 
United States Code, the Secretary is authorized, during the fiscal year 
ending September 30, 2008, to collect and retain fees for services 
provided to Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of section 2 of the Act of 
April 13, 1934 (29 U.S.C. 9a), to administer national and international 
laboratory recognition programs that ensure the safety of equipment and 
products used by workers in the workplace: Provided further, That none 
of the funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any standard, 
rule, regulation, or order under the Act which is applicable to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That no funds appropriated under this paragraph shall be 
obligated or expended to administer or enforce any standard, rule, 
regulation, or order under the Act with respect to any employer of 10 
or fewer employees who is included within a category having a Days 
Away, Restricted, or Transferred (DART) occupational injury and illness 
rate, at the most precise industrial classification code for which such 
data are published, less than the national average rate as such rates 
are most recently published by the Secretary, acting through the Bureau 
of Labor Statistics, in accordance with section 24 of the Act (29 
U.S.C. 673), except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by the Act with respect 
        to imminent dangers;
            (4) to take any action authorized by the Act with respect 
        to health hazards;
            (5) to take any action authorized by the Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by the Act; and
            (6) to take any action authorized by the Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That $10,116,000 shall be available for Susan Harwood training 
grants, of which $3,200,000 shall be used for the Institutional 
Competency Building training grants which commenced in September 2000, 
for program activities for the period of October 1, 2007, to September 
30, 2008, provided that a grantee has demonstrated satisfactory 
performance: Provided further, That such grants shall be awarded no 
less than 30 days after the date of enactment of this Act: Provided 
further, That the Secretary shall provide a report to the Committees on 
Appropriations of the House of Representatives and the Senate with 
timetables for the development and issuance of occupational safety and 
health standards on beryllium, silica, cranes and derricks, confined 
space entry in construction, and hazard communication global 
harmonization; such timetables shall include actual or estimated dates 
for: the publication of an advance notice of proposed rulemaking, the 
commencement and completion of a Small Business Regulatory Enforcement 
Fairness Act review (if required), the completion of any peer review 
(if required), the submission of the draft proposed rule to the Office 
of Management and Budget for review under Executive Order No. 12866 (if 
required), the publication of a proposed rule, the conduct of public 
hearings, the submission of a draft final rule to the Office and 
Management and Budget for review under Executive Order No. 12866 (if 
required), and the issuance of a final rule; and such report shall be 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate within 90 days of the enactment of this 
Act, with updates provided every 90 days thereafter that shall include 
an explanation of the reasons for any delays in meeting the projected 
timetables for action.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $313,478,000 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; 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 
section 3302 of title 31, United States Code; and, in addition, the 
Mine Safety and Health Administration may retain up to $1,000,000 from 
fees collected for the approval and certification of equipment, 
materials, and explosives for use in mines, and may utilize such sums 
for such activities; the Secretary of Labor is authorized to accept 
lands, buildings, equipment, and other contributions from public and 
private sources and to prosecute projects in cooperation with other 
agencies, Federal, State, or private; the Mine Safety and Health 
Administration is authorized to promote health and safety education and 
training in the mining community through cooperative programs with 
States, industry, and safety associations; the Secretary is authorized 
to recognize the Joseph A. Holmes Safety Association as a principal 
safety association and, notwithstanding any other provision of law, may 
provide funds and, with or without reimbursement, personnel, including 
service of Mine Safety and Health Administration officials as officers 
in local chapters or in the national organization; and any funds 
available to the Department may be used, with the approval of the 
Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $497,854,000, 
together with not to exceed $78,264,000, 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, $292,943,000 (reduced by 
$2,500,000) (reduced by $2,000,000) (reduced by $500,000), of which 
$72,516,000 is for the Bureau of International Labor Affairs (including 
$5,000,000 to implement model programs to address worker rights issues 
through technical assistance in countries with which the United States 
has trade preference programs), and of which $18,000,000 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; $1,649,476,000, as follows:
            (1) $1,507,684,000 for Job Corps operations, of which 
        $916,684,000 is available for the period July 1, 2008, through 
        June 30, 2009, and of which $591,000,000 is available for the 
        period October 1, 2008, through June 30, 2009.
            (2) $112,920,000 for construction, rehabilitation, and 
        acquisition of Job Corps centers, of which $12,920,000 is 
        available from July 1, 2008, through June 30, 2011. 
        $100,000,000 is available for the period October 1, 2008, 
        through June 30, 2011.
            (3) $28,872,000 for necessary expenses of the Office of Job 
        Corps, which shall be available 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 appropriated in this title 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: Provided further, That a total student 
training slot level of not less than 44,791 shall be achieved by the 
end of program year 2008.

                    veterans employment and training

    Not to exceed $197,143,000 may be derived from the employment 
security administration account in the Unemployment Trust Fund to carry 
out the provisions of sections 4100-4113, 4211-4215, and 4321-4327 of 
title 38, United States Code, and Public Law 103-353, and which shall 
be available for obligation by the States through December 31, 2008, of 
which $1,967,000 is for the National Veterans' Employment and Training 
Services Institute. To carry out the Homeless Veterans Reintegration 
Programs under section 5(a)(1) of the Homeless Veterans Comprehensive 
Assistance Act of 2001 (38 U.S.C. 2021) and the Veterans Workforce 
Investment Programs under section 168 of the Workforce Investment Act 
(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.

                      Office of Inspector General

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

                           General Provisions

                     (including transfer of funds)

    Sec. 101. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 900 et seq.)) 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 further, That the transfer authority granted by this 
section shall be available only to meet unanticipated needs and shall 
not be used to create any new program or to fund any project or 
activity for which no funds are provided in this Act: Provided further, 
That the Committees on Appropriations of the House of Representatives 
and the Senate are notified at least 15 days in advance of any 
transfer.
    Sec. 102. 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. 103. After September 30, 2007, the Secretary of Labor shall 
issue a monthly transit subsidy of not less than the full amount (of 
not less than $110) that each of its employees of the National Capital 
Region is eligible to receive.
    Sec. 104. None of the funds appropriated in this title for grants 
under section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 
2916) may be obligated prior to the preparation and submission of a 
report by the Secretary of Labor to the Committees on Appropriations of 
the House of Representatives and the Senate detailing the planned uses 
of such funds.
    Sec. 105. The Secretary of Labor shall award the following grants 
on a competitive basis: (1) Community-Based Job Training Grants awarded 
from amounts provided for such purpose under this title; and (2) grants 
during fiscal or program year 2008 under section 414(c) of the American 
Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916 
note), as amended by section 428 of the Consolidated Appropriations 
Act, 2005 (Public Law 108-447).
    Sec. 106. None of the funds made available to the Department of 
Labor for grants under section 414(c) of the American Competitiveness 
and Workforce Improvement Act of 1998 (29 U.S.C. 2916 note) may be used 
for any purpose other than training in the occupations and industries 
for which employers are using H-1B visas to hire foreign workers, and 
the related activities necessary to support such training: Provided, 
That the preceding limitation shall not apply to grants awarded under 
section 107 of this title and to multi-year grants awarded in response 
to competitive solicitations issued prior to April 15, 2007.
    Sec. 107. Out of funds available to the Department of Labor under 
section 414(c) the American Competitiveness and Workforce Improvement 
Act of 1998 (29 U.S.C. 2916 note), as amended by section 428 of the 
Consolidated Appropriations Act, 2005 (Public Law 108-447), up to 
$20,000,000 is available (in addition to dislocated worker assistance 
national reserve funds) for the purposes of grants to States to address 
the gap in health care coverage faced by trade adjustment assistance 
(``TAA'') participants and dislocated workers awaiting TAA 
certification, to assure that these dislocated workers can benefit from 
the tax credit for health insurance costs authorized in section 35 of 
the Internal Revenue Code of 1986.
    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 the Act (including applying 
the standards specified in section 116(a)(3)(B) of such Act, but 
notwithstanding the time limits specified in section 116(a)(3)(B) of 
such Act (29 U.S.C. 2831), until such time as legislation reauthorizing 
such Act is enacted.
    Sec. 109. 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. 110. (a) On or before November 30, 2007, the Secretary of 
Labor shall, pursuant to section 6 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655), promulgate a final occupational 
safety and health standard concerning employer payment for personal 
protective equipment. The final standard shall provide no less 
protection to employees and shall have no further exceptions from the 
employer payment requirement than the proposed rule published in the 
Federal Register on March 31, 1999 (64 Fed. Reg. 15402).
    (b) In the event that such standard is not promulgated by the date 
required, the proposed standard on employer payment for personal 
protective equipment published in the Federal Register on March 31, 
1999 (64 Fed. Reg. 15402) shall become effective as if such standard 
had been promulgated as a final standard by the Secretary of Labor.
    Sec. 111. None of the funds appropriated in this title may be used 
to carry out a public-private competition or direct conversion under 
OMB 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.
     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, XVI, 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, 
711, and 1820 of the Social Security Act (42 U.S.C. 1320a-7e, 912, and 
1395i-4), the Health Care Quality Improvement Act of 1986, the Native 
Hawaiian Health Care Act of 1988, the Cardiac Arrest Survival Act of 
2000, construction and renovation (including equipment) of health care 
and other facilities, and section 712(c) of the American Jobs Creation 
Act of 2004 (42 U.S.C. 300b-1 note), $7,055,709,000 (increased by 
$2,500,000) (increased by $3,500,000), of which $63,538,000 from 
general revenues, notwithstanding subsection (j) of section 1820 of the 
Social Security Act, shall be available for carrying out the Medicare 
rural hospital flexibility grants program under such section: Provided, 
That of the funds made available under this heading, $100,000 shall be 
available until expended for facilities renovations at the National 
Hansen's Disease Programs Center (as described in section 320 of the 
Public Health Service Act (42 U.S.C. 247e)): Provided further, That in 
addition to fees authorized by section 427(b)(4) of the Health Care 
Quality Improvement Act of 1986 (42 U.S.C. 11137(b)(4)), 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 authorized under such Act, and shall remain 
available until expended to carry out such Act: Provided further, That 
fees authorized under subsection (d)(2) of section 1128E of the Social 
Security Act (42 U.S.C. 1320a-7e) to be collected for the full 
disclosure of information under the national health care fraud and 
abuse data collection program established under such section, shall be 
sufficient to recover the full costs of operating the program, and 
shall remain available until expended to carry out that program: 
Provided further, That $35,000,000 of the funding provided for 
community health centers shall be used for base grant adjustments for 
existing centers: Provided further, That no more than $40,000 is 
available until expended for carrying out the provisions of section 
224(o)(6) of the Public Health Service Act (42 U.S.C. 233(o)(6)) 
including associated administrative expenses: Provided further, That 
$3,963,000 (incresed by $11,037,000) is available until expended for 
the National Cord Blood Stem Cell Program: Provided further, That no 
more than $45,000,000 is available until expended for carrying out the 
amendments to section 224 of the Public Health Service Act (42 U.S.C. 
233) made by the Federally Supported Health Centers Assistance Act of 
1995 and for expenses incurred by the Department of Health and Human 
Services pertaining to administrative claims made pursuant to such 
amendments: Provided further, That of the funds made available under 
this heading, $310,910,000 shall be for the program under title X of 
the Public Health Service Act to provide for voluntary family planning 
projects: Provided further, That amounts provided to such projects 
under such title shall not be expended for abortions, that all 
pregnancy counseling shall be nondirective, and that such amounts shall 
not be expended for any activity (including the publication or 
distribution of literature) that in any way tends to promote public 
support or opposition to any legislative proposal or candidate for 
public office: Provided further, That of the funds available under this 
heading, $1,865,800,000 shall remain available to the Secretary of 
Health and Human Services through September 30, 2010, for parts A and B 
of title XXVI of the Public Health Service Act: Provided further, That 
within the amounts provided for part A of title XXVI of the Public 
Health Service Act (42 U.S.C. 300ff-11 et seq.), funds are included to 
ensure that the amount of any funding provided under such part to a 
metropolitan area for the program year beginning in 2007 is not reduced 
by an amount that is more than 8.4 percent, and the amount of any 
funding provided under subpart II of such part to a transitional area 
is not reduced by an amount that is more than 13.4 percent, relative to 
the amount of the total funding provided under such part to the 
metropolitan area or transitional area, respectively, for the program 
year beginning in fiscal year 2006: Provided further, That $830,593,000 
shall be for State AIDS Drug Assistance Programs authorized under 
section 2616 of such Act (42 U.S.C. 300ff-26): 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 (42 U.S.C. 238j) to carry out parts A, B, C, and D of title XXVI of 
such Act to fund the special projects of national significance under 
section 2691 of the Public Health Service Act (42 U.S.C. 300ff-101): 
Provided further, That, notwithstanding section 502(a)(1) of the Social 
Security Act (42 U.S.C. 702(a)(1)), not to exceed $170,991,000 is 
available for carrying out special projects of regional and national 
significance pursuant to section 501(a)(2) of such Act (42 U.S.C. 
701(a)(2)).

           health education assistance loans program account

    Such sums as may be necessary to carry out subpart 1 of part A of 
title VII of the Public Health Service Act. For administrative expenses 
to carry out the guaranteed loan program under such subpart, including 
section 709 of such Act, $2,906,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation 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 (42 U.S.C. 201 et seq.) (``PHS Act''), 
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine 
Safety and Health Act of 1977 (30 U.S.C. 811, 812, 813, 841, 842, 843, 
861, and 951), sections 20, 21, and 22 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 669, 670, and 671), title IV of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), section 501 of 
the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note), 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, $6,141,753,000 (reduced by 
$3,500,000), of which $10,500,000 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 under section 319F-2 of the PHS Act (42 U.S.C. 247d-
6b); of which $50,000,000 shall be available until expended to provide 
screening and treatment for first response emergency services personnel 
related to the September 11, 2001 terrorist attacks on the World Trade 
Center; and of which $122,769,000 for international HIV/AIDS shall 
remain available until September 30, 2009: Provided, That in addition, 
such sums as may be derived from authorized user fees, which shall be 
credited to this account: Provided further, That in addition to amounts 
provided herein, the following amounts shall be available from amounts 
available under section 241 of the PHS Act (42 U.S.C. 238j): (1) 
$12,794,000 to carry out the National Immunization Surveys; (2) 
$120,000,000 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) $39,173,000 for Health Marketing; (5) 
$31,000,000 to carry out Public Health Research; and (6) $88,361,000 
(increased by $3,500,000) 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 section 3 
of the Vaccine and Immunization Amendments of 1990 (Public Law 101-502) 
to activities the Director may so designate: Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are to be notified promptly of any such transfer: Provided 
further, That not to exceed $12,500,000 may be available for making 
grants under section 1509 of the PHS Act (42 U.S.C. 300n-4a) to not 
more than 15 States, tribes, or tribal organizations: 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 
none of the funds appropriated may be used to implement section 2625 of 
the PHS Act (42 U.S.C. 300ff-33): 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 PHS Act (42 U.S.C. 215), 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.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to cancer, 
$4,870,382,000, 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 (42 U.S.C. 241, 281 et seq.) with respect to 
cardiovascular, lung, and blood diseases, and blood and blood products, 
$2,965,775,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to dental 
disease, $395,753,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to diabetes and 
digestive and kidney disease, $1,731,893,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to neurological 
disorders and stroke, $1,559,106,000.

         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 (42 U.S.C. 241, 281 et seq.) with respect to allergy and 
infectious diseases, $4,632,019,000: Provided, That $300,000,000 
(reduced by $175,000) 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 (42 U.S.C. 241, 281 et seq.) with respect to general 
medical sciences, $1,966,019,000.

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to child health 
and human development, $1,273,863,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to eye diseases 
and visual disorders, $677,039,000.

          national institute of environmental health sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act (42 U.S.C. 241, 243, 281 et seq.) with respect to 
environmental health sciences, $652,303,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to aging, 
$1,062,833,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to arthritis and 
musculoskeletal and skin diseases, $516,044,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to deafness and 
other communication disorders, $400,305,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to nursing 
research, $139,527,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to alcohol abuse 
and alcoholism, $442,870,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to drug abuse, 
$1,015,559,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to mental health, 
$1,425,531,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to human genome 
research, $493,996,000.

      national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to biomedical 
imaging and bioengineering research, $303,318,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to research 
resources and general research support grants, $1,171,095,000.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to complementary 
and alternative medicine, $123,380,000.

       national center on minority health and health disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to minority 
health and health disparities research, $202,691,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty 
International Center (described in subpart 2 of part E of title IV of 
the Public Health Service Act (42 U.S.C. 287b)), $67,599,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act (42 U.S.C. 241, 281 et seq.) with respect to health 
information communications, $325,484,000, of which $4,000,000 shall be 
available until expended for improvement of information systems: 
Provided, That in fiscal year 2008, the National Library of Medicine 
may enter into personal services contracts for the provision of 
services in facilities owned, operated, or constructed under the 
jurisdiction of the National Institutes of Health: Provided further, 
That in addition to amounts provided herein, $8,200,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act (42 U.S.C. 238j) to carry out the purposes of the National 
Information Center on Health Services Research and Health Care 
Technology established under section 478A of the Public Health Service 
Act (42 U.S.C. 286d) and related health services.

                         office of the director

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $1,114,422,000, of which up to 
$14,000,000 shall be used to carry out section 214 of this Act, of 
which $110,900,000 shall be for continuation of the National Children's 
Study, and of which $495,153,000 shall be available for the Common Fund 
established under section 402A(c)(1) of the Public Health Service Act 
(42 U.S.C. 282a): Provided, That funding shall be available for the 
purchase of not to exceed 29 passenger motor vehicles for replacement 
only: Provided further, That the National Institutes of Health is 
authorized to collect third party payments for the cost of clinical 
services that are incurred in National Institutes of Health research 
facilities and that such payments shall be credited to the National 
Institutes of Health Management Fund: Provided further, That all funds 
credited to such Fund shall remain available for one fiscal year after 
the fiscal year in which they are deposited: Provided further, That no 
more than $500,000 shall be available to carry out section 499 of the 
Public Health Service Act(42 U.S.C. 290b): Provided further, That 
amounts appropriated to the Common Fund shall be in addition to any 
amounts allocated to activities related to the Common Fund through the 
normal research priority-setting process of individual institutes and 
centers: Provided further, That of the funds provided $10,000 shall be 
for official reception and representation expenses when specifically 
approved by the Director of the National Institutes of Health: Provided 
further, That the Office of AIDS Research within the Office of the 
Director of the National Institutes of Health may spend up to 
$4,000,000 to make grants for construction or renovation of facilities 
as provided for in section 2354(a)(5)(B) of the Public Health Service 
Act (42 U.S.C. 300cc-41(a)(5)(B)).

                        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 
(42 U.S.C. 290aa et seq., 300w et seq.) (``PHS Act'') with respect to 
substance abuse and mental health services, the Protection and Advocacy 
for Individuals with Mental Illness Act (42 U.S.C. 10801 et seq.), and 
section 301 of the PHS Act (42 U.S.C. 241) with respect to program 
management, $3,272,928,000: Provided, That notwithstanding section 
520A(f)(2) of the PHS Act (42 U.S.C. 290bb-32(f)(2)), no funds 
appropriated for carrying out section 520A are available for carrying 
out section 1971 of such Act: Provided further, That in addition to 
amounts provided herein, the following amounts shall be available under 
section 241 of the PHS Act (42 U.S.C. 238j): (1) $79,200,000 to carry 
out subpart II of part B of title XIX of the PHS Act (42 U.S.C. 300x-21 
et seq.) to fund section 1935(b) of such Act (42 U.S.C. 300x-35(b)) 
relating to technical assistance, national data, data collection, and 
evaluation activities, and further that the total available under this 
Act for activities under such section 1935(b) shall not exceed 5 
percent of the amounts appropriated for subpart II of part B of title 
XIX of such Act; (2) $21,413,000 to carry out subpart I of part B of 
title XIX of the PHS Act (42 U.S.C. 300x-1 et seq.) to fund section 
1920(b) of such Act (42 U.S.C. 300x-9(b)) relating to technical 
assistance, national data, data collection, and evaluation activities, 
and further that the total available under this Act for activities 
under such section 1920(b) shall not exceed 5 percent of the amounts 
appropriated for subpart I of part B of title XIX of such Act; (3) 
$16,000,000 to carry out national surveys on drug abuse; and (4) 
$4,300,000 to evaluate substance abuse treatment programs.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    For carrying out titles III and IX of the Public Health Service Act 
(42 U.S.C. 241 et seq., 299 et seq.), and part A of title XI of the 
Social Security Act (42 U.S.C. 1301 et seq.), $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 the amount made available pursuant to section 
937(c) of the Public Health Service Act shall not exceed $47,064,000.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $141,630,056,000, 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 of the 
Social Security Act (42 U.S.C. 1396s) on behalf of States under title 
XIX of the Social Security Act for the first quarter of fiscal year 
2009, $67,292,669,000, to remain available until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under sections 
1844 and 1860D-16 of the Social Security Act (42 U.S.C. 1395w, 1395w-
116), sections 103(c) and 111(d) of the Social Security Amendments of 
1965 (42 U.S.C. 426a(c), 1395i-1), section 278(d) of the Tax Equity and 
Fiscal Responsibility Act of 1982 (42 U.S.C. 426 note), and for 
administrative expenses incurred pursuant to section 201(g) of the 
Social Security Act (42 U.S.C. 401(g)), $188,828,000,000.
    In addition, for making matching payments under section 1844 of the 
Social Security Act (42 U.S.C. 1395w), and benefit payments under 
1860D-16 of such Act (42 U.S.C. 1395w-116), 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 $3,230,163,000, 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 (42 U.S.C. 401(g)); together with all funds 
collected in accordance with section 353 of the Public Health Service 
Act (42 U.S.C. 263a) and section 1857(e)(2) of the Social Security Act 
(42 U.S.C. 1395w-27(e)(2)), funds retained by the Secretary pursuant to 
section 1893(h)(1)(C) of the Social Security Act (42 U.S.C. 
1395ddd(h)(1)(C)), 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 section 
9701 of title 31, United States Code, 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 $163,800,000, to 
remain available until September 30, 2009, is for Medicare contracting 
reform activities of the Centers for Medicare and Medicaid Services: 
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 shall collect fees in fiscal 
year 2008 from Medicare Advantage organizations pursuant to section 
1857(e)(2) of the Social Security Act (42 U.S.C. 1395s-27(e)(2)) and 
from eligible organizations with risk-sharing contracts under section 
1876 of such Act (42 U.S.C. 1395mm) pursuant to section 1876(k)(4)(D) 
of such Act (42 U.S.C. 1395mm(k)(4)(D)).

              health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity 
and program management, $383,000,000, 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 (42 U.S.C. 401(g)), 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 titles I and 
II of the Medicare Prescription Drug, Improvement, and Modernization 
Act of 2003 (Public Law 108-173), with oversight activities including 
those activities listed in section 1893(b) of the Social Security Act 
(42 U.S.C. 1395www(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 Medicaid program integrity activities; and of 
which $36,690,000 is for the Department of Justice: Provided, That the 
report required by section 1817(k)(5) of the Social Security Act (42 
U.S.C. 1395i(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. chapter 9), $2,949,713,000, to remain 
available until expended; and for such purposes for the first quarter 
of fiscal year 2009, $1,000,000,000, to remain available until 
expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act as in effect before the effective date of the program of 
Temporary Assistance for Needy Families (TANF) with respect to such 
State, such sums as may be necessary: Provided, That the sum of the 
amounts available to a State with respect to expenditures under such 
title IV-A in fiscal year 1997 under this appropriation and under such 
title IV-A as amended by the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 shall not exceed the limitations 
under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960 (24 
U.S.C. chapter 9), for the last three 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)), $682,000,000, 
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 (8 U.S.C. 1521-1524) and section 501 of the Refugee 
Education Assistance Act of 1980 (8 U.S.C. 1522 note), for carrying out 
section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279), and 
for carrying out the Torture Victims Relief Act of 1998 (22 U.S.C. 2152 
note) $650,630,000, of which up to $9,814,000 shall be available to 
carry out the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7101 et seq.): 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 (42 U.S.C. 9858 et seq.), $2,137,081,000 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 for the Child Care Aware 
toll-free hotline: Provided further, That, in addition to the amounts 
required to be reserved by the States under section 658G, $267,785,718 
shall be reserved by the States for activities authorized under section 
658G, of which $98,208,000 shall be for activities that improve the 
quality of infant and toddler care: Provided further, That $9,821,000 
shall be for use by the Secretary for child care research, 
demonstration, and evaluation activities.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act (42 U.S.C. 1397a), $1,700,000,000.

                children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act (42 U.S.C. 5711 et seq.), the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 
et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5101 et seq.), sections 310 and 
316 of the Family Violence Prevention and Services Act (42 U.S.C. 
10409, 10416), the Native American Programs Act of 1974 (42 U.S.C. 
2991a et seq.), title II of the Child Abuse Prevention and Treatment 
and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) (adoption 
opportunities), sections 330F and 330G of the Public Health Service Act 
(42 U.S.C. 254c-6, 254c-7), the Abandoned Infants Assistance Act of 
1988 (42 U.S.C. 670 note), sections 261 and 291 of the Help America 
Vote Act of 2002 (42 U.S.C. 15421, 15461), subpart 1 of part B of title 
IV and sections 413, 1110, and 1115 of the Social Security Act, for 
making payments under the Community Services Block Grant Act (42 U.S.C. 
9901 et seq.), sections 439, 473B, and 477 of the Social Security Act, 
and the Assets for Independence Act (42 U.S.C. 604 note), and for 
necessary administrative expenses to carry out such Acts and titles I, 
IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of 
July 5, 1960 (24 U.S.C. chapter 9), the Low-Income Home Energy 
Assistance Act of 1981, title IV of the Immigration and Nationality 
Act, section 501 of the Refugee Education Assistance Act of 1980, and 
section 505 of the Family Support Act of 1988 (42 U.S.C. 9926), 
$9,125,940,000 (increased by $21,000,000), 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 (42 U.S.C. 673b) and may be made for 
adoptions completed before September 30, 2008: Provided, That 
$6,963,571,000 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 
$701,125,000 shall be for making payments under the Community Services 
Block Grant Act: Provided further, That not less than $8,000,000 shall 
be for section 680(3)(B) of the Community Services Block Grant Act: 
Provided further, That in addition to amounts provided herein, 
$6,000,000 shall be available from amounts available under section 241 
of the Public Health Service Act to carry out the provisions of section 
1110 of the Social Security Act: Provided further, That to the extent 
Community Services Block Grant funds are distributed as grant funds by 
a State to an eligible entity as provided under the Act, and have not 
been expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, That the Secretary 
of Health and Human Services shall establish procedures regarding the 
disposition of intangible property which permits grant funds, or 
intangible assets acquired with funds authorized under section 680 of 
the Community Services Block Grant Act, to become the sole property of 
such grantees after a period of not more than 12 years after the end of 
the grant for purposes and uses consistent with the original grant: 
Provided further, That funds appropriated for section 680(a)(2) of the 
Community Services Block Grant Act shall be available for financing 
construction and rehabilitation and loans or investments in private 
business enterprises owned by community development corporations: 
Provided further, That $64,350,000 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 $15,720,000 
(increased by $21,000,000) shall be for activities authorized by the 
Help America Vote Act of 2002, of which $10,890,000 (increased by 
$15,000,000) shall be for payments to States to promote access for 
voters with disabilities, and of which $4,830,000 (increased by 
$6,000,000) shall be for payments to States for protection and advocacy 
systems for voters with disabilities: Provided further, That 
$136,664,000 shall be for making competitive grants to provide 
abstinence education (as defined by section 510(b)(2) of the Social 
Security Act) to adolescents, and for Federal costs of administering 
the grant: Provided further, That grants under the immediately 
preceding proviso shall be made only to public and private entities 
which agree that, with respect to an adolescent to whom the entities 
provide abstinence education under such grant, the entities will not 
provide to that adolescent any other education regarding sexual 
conduct, except that, in the case of an entity expressly required by 
law to provide health information or services the adolescent shall not 
be precluded from seeking health information or services from the 
entity in a different setting than the setting in which abstinence 
education was provided: Provided further, That within amounts provided 
herein for abstinence education for adolescents, up to $10,000,000 may 
be available for a national abstinence education campaign: Provided 
further, That in addition to amounts provided herein for abstinence 
education for adolescents, $4,500,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to carry 
out evaluations (including longitudinal evaluations) of adolescent 
pregnancy prevention approaches: Provided further, That up to 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness.

                   promoting safe and stable families

    For carrying out section 436 of the Social Security Act (42 U.S.C. 
629f), $345,000,000 and for section 437 of such Act (42 U.S.C. 629g), 
$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, $5,082,000,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security 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 of 
the Social Security Act, for the last three 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 (42 U.S.C. 3011 et seq.) and section 398 of the 
Public Health Service Act (42 U.S.C. 280c-3), $1,417,189,000.

                        Departmental Management

                        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, $363,224,000 (reduced by 
$21,000,000) (reduced by $10,000,000) (increased by $10,000,000), 
together with $5,851,000 to be transferred and expended as authorized 
by section 201(g)(1) of the Social Security Act from the Federal 
Hospital Insurance Trust Fund and the Federal Supplementary 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 without application of the 
limitation of section 2010(c) of such 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.

                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), $65,000,000, 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, 
$13,302,000: Provided, That in addition to amounts provided herein, 
$48,000,000 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 the Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$44,687,000: 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 section 228 of title 18, United States Code.

                        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 Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund.

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, disease, nuclear, radiological and chemical 
threats to civilian populations, and for other public health 
emergencies, $757,291,000, of which not to exceed $22,363,000, to 
remain available until September 30, 2009, is to pay the costs 
described in section 319F-2(c)(7)(B) of the Public Health Service Act 
(42 U.S.C. 247d-6b(c)(7)(B)).
    For expenses necessary to prepare for and respond to an influenza 
pandemic, $948,091,000, of which $870,000,000 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 of Health and Human Services, 
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 vaccine and other 
biologicals, where the Secretary finds such a contract necessary to 
secure sufficient supplies of such vaccines or biologicals: Provided 
further, That funds appropriated herein may be transferred to other 
appropriation accounts of the Department of Health and Human Services, 
as determined by the Secretary to be appropriate, to be used for the 
purposes specified in this sentence.

                  covered countermeasure process fund

    For carrying out section 319F-4 of the Public Health Service Act 
(42 U.S.C. 247d-6e) to compensate individuals for injuries caused by 
H5N1 vaccine, in accordance with the declaration regarding avian 
influenza viruses issued by the Secretary of Health and Human Services 
on January 26, 2007, pursuant to section 319F-3(b) of such Act (42 
U.S.C. 247d-6d(b)), $5,000,000, to remain available until expended.

                           General Provisions

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

                     (including transfer of funds)

    Sec. 207. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 900 et seq.)) which are appropriated for the current 
fiscal year for the Department of Health and Human Services 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 an appropriation may be increased by up to an additional 
2 percent subject to approval by the Committees on Appropriations of 
the House of Representatives and the Senate: Provided further, That the 
transfer authority granted by this section shall be available only to 
meet unanticipated needs and shall not be used to create any new 
program or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.

                     (including transfer of funds)

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

                     (including transfer of funds)

    Sec. 209. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS 
Research'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act (42 U.S.C. 300cc-
40b(d)(3)).
    Sec. 210. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
(42 U.S.C. 1001 et seq.) unless the applicant for the award certifies 
to the Secretary of Health and Human Services that it encourages family 
participation in the decision of minors to seek family planning 
services and that it provides counseling to minors on how to resist 
attempts to coerce minors into engaging in sexual activities.
    Sec. 211. Notwithstanding any other provision of law, no provider 
of services under title X of the Public Health Service Act (42 U.S.C. 
1001 et seq.) shall be exempt from any State law requiring notification 
or the reporting of child abuse, child molestation, sexual abuse, rape, 
or incest.
    Sec. 212. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary of Health and Human 
Services denies participation in such program to an otherwise eligible 
entity (including a Provider Sponsored Organization) because the entity 
informs the Secretary that it will not provide, pay for, provide 
coverage of, or provide referrals for abortions: Provided, That the 
Secretary shall make appropriate prospective adjustments to the 
capitation payment to such an entity (based on an actuarially sound 
estimate of the expected costs of providing the service to such 
entity's enrollees): Provided further, That nothing in this section 
shall be construed to change the Medicare program's coverage for such 
services and a Medicare Advantage organization described in this 
section shall be responsible for informing enrollees where to obtain 
information about all Medicare covered services.
    Sec. 213. (a) Except as provided by subsection (e) none of the 
funds appropriated by this Act may be used to withhold substance abuse 
funding from a State pursuant to section 1926 of the Public Health 
Service Act (42 U.S.C. 300x-26) if such State certifies to the 
Secretary of Health and Human Services by May 1, 2008, that the State 
will commit additional State funds, in accordance with subsection (b), 
to ensure compliance with State laws prohibiting the sale of tobacco 
products to individuals under 18 years of age.
    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses 
the retailer compliance rate goal established by the Secretary of 
Health and Human Services under section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2008 
for tobacco prevention programs and for compliance activities at a 
level that is not less than the level of such expenditures maintained 
by the State for fiscal year 2007, and adding to that level the 
additional funds for tobacco compliance activities required under 
subsection (a). The State is to submit a report to the Secretary on all 
fiscal year 2007 State expenditures and all fiscal year 2008 
obligations for tobacco prevention and compliance activities by program 
activity by July 31, 2008.
    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2008.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 of the Public 
Health Service Act from a territory that receives less than $1,000,000.
    Sec. 214. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease, 
and other health activities abroad during fiscal year 2008:
            (1) The Secretary of Health and Human Services (in this 
        section referred to as the ``Secretary of HHS'') may exercise 
        authority equivalent to that available to the Secretary of 
        State in section 2(c) of the State Department Basic Authorities 
        Act of 1956 (22 U.S.C. 2669(c)). The Secretary of HHS shall 
        consult with the Secretary of State and relevant Chief of 
        Mission to ensure that the authority provided in this section 
        is exercised in a manner consistent with section 207 of the 
        Foreign Service Act of 1980 (22 U.S.C. 3927) and other 
        applicable statutes administered by the Department of State.
            (2) The Secretary of HHS is authorized to provide such 
        funds by advance or reimbursement to the Secretary of State as 
        may be necessary to pay the costs of acquisition, lease, 
        alteration, renovation, and management of facilities outside of 
        the United States for the use of the Department of Health and 
        Human Services. The Department of State shall cooperate fully 
        with the Secretary of HHS to ensure that the Department of 
        Health and Human Services has secure, safe, functional 
        facilities that comply with applicable regulation governing 
        location, setback, and other facilities requirements and serve 
        the purposes established by this Act. The Secretary of HHS is 
        authorized, in consultation with the Secretary of State, 
        through grant or cooperative agreement, to make available to 
        public or nonprofit private institutions or agencies in 
        participating foreign countries, funds to acquire, lease, 
        alter, or renovate facilities in those countries as necessary 
        to conduct programs of assistance for international health 
        activities, including activities relating to HIV/AIDS and other 
        infectious diseases, chronic and environmental diseases, and 
        other health activities abroad.
    Sec. 215. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health (in this section 
referred to as the ``Director of NIH'') may use funds available under 
section 402(b)(7) or 402(b)(12) of the Public Health Service Act (42 
U.S.C. 282(b)(7), 282(b)(12)) to enter into transactions (other than 
contracts, cooperative agreements, or grants) to carry out research 
identified pursuant to such section 402(b)(7) (pertaining to the Common 
Fund) or research and activities described in such section 402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director of the NIH may utilize such peer review procedures 
(including consultation with appropriate scientific experts) as the 
Director determines to be appropriate to obtain assessments of 
scientific and technical merit. Such procedures shall apply to such 
transactions in lieu of the peer review and advisory council review 
procedures that would otherwise be required under sections 301(a)(3), 
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public 
Health Service Act (42 U.S.C. 241(a)(3), 284(b)(1)(B), 284(b)(2), 
284a(a)(3)(A), 289a, and 289c).
    Sec. 216. Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention (``CDC'') and the Agency for Toxic Substances and Disease 
Registry (``ATSDR)'' may be transferred to ``Disease Control, Research, 
and Training'', to be available only for Individual Learning Accounts: 
Provided, That such funds may be used for any individual full-time 
equivalent employee while such employee is employed either by CDC or 
ATSDR.
    Sec. 217. 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. 218. Not to exceed $35,000,000 of funds appropriated by this 
Act to the institutes and centers of the National Institutes of Health 
may be used for alteration, repair, or improvement of facilities, as 
necessary for the proper and efficient conduct of the activities 
authorized herein, at not to exceed $2,500,000 per project.
    Sec. 219. None of the funds appropriated in this Act may be used to 
administer to any child under 3 years of age an influenza vaccine 
during the 2008-2009 influenza season for which thimerosal is listed on 
the labeling as an ingredient.
     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'') (20 U.S.C. 6301 et seq.) and section 418A of the 
Higher Education Act of 1965 (20 U.S.C. 1070d-2), $16,016,318,000 
(reduced by $46,500,000), of which $7,698,807,000 (reduced by 
$46,500,000) shall become available on July 1, 2008, and shall remain 
available through September 30, 2009, and of which $8,136,218,000 shall 
become available on October 1, 2008, and shall remain available through 
September 30, 2009 for academic year 2008-2009: Provided, That 
$6,808,971,000 shall be for basic grants under section 1124 of ESEA (20 
U.S.C. 6333): Provided further, That up to $4,000,000 of these funds 
shall be available to the Secretary of Education on October 1, 2007, to 
obtain annually updated local educational-agency-level census poverty 
data from the Bureau of the Census: Provided further, That 
$1,365,031,000 shall be for concentration grants under section 1124A of 
ESEA (20 U.S.C. 6334): Provided further, That $3,094,562,000 shall be 
for targeted grants under section 1125 of ESEA (20 U.S.C. 6335): 
Provided further, That $3,094,260,000 shall be for education finance 
incentive grants under section 1125A of ESEA (20 U.S.C. 6337): Provided 
further, That $9,330,000 shall be to carry out sections 1501 and 1503 
of ESEA (20 U.S.C. 6491, 6493): 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 (20 U.S.C. 7701 et seq.), 
$1,278,453,000, of which $1,140,517,000 shall be for basic support 
payments under section 8003(b) of such Act (20 U.S.C. 7703(b)), 
$49,466,000 shall be for payments for children with disabilities under 
section 8003(d) of such Act (20 U.S.C. 7703(d)), $17,820,000 shall be 
for construction under section 8007(a) of such Act (20 U.S.C. 7707(a)), 
$65,700,000 shall be for Federal property payments under section 8002 
of such Act (20 U.S.C. 7702), and $4,950,000, to remain available until 
expended, shall be for facilities maintenance under section 8008 of 
such Act (20 U.S.C. 7708): Provided, That for purposes of computing the 
amount of a payment for an eligible local educational agency under 
section 8003(a) of such 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) of such Act), 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 (20 U.S.C. 6601 et seq.), part B of title IV (20 U.S.C. 7171 et 
seq.), part A of title V (20 U.S.C. 7201 et seq.) and subparts 6 and 9 
of part D of title V (20 U.S.C. 7253 et seq., 20 U.S.C. 7259 et seq.), 
part A of title VI (20 U.S.C. 7301 et seq.) and part B of title VI (20 
U.S.C. 7341 et seq.), and part B of title VII (20 U.S.C. 7511 et seq.) 
and part C of title VII (20 U.S.C. 7541 et seq.) of the Elementary and 
Secondary Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11301 et seq.); section 203 of the 
Educational Technical Assistance Act of 2002 (20 U.S.C. 9602); the 
Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 et 
seq.); and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), 
$5,678,002,000, of which $4,059,441,000 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 $411,630,000 shall be for State assessments and 
related activities authorized under sections 6111 and 6112 of ESEA (20 
U.S.C. 7301, 7301a): 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 (20 U.S.C. 6751 et seq.) may be used for subgrants 
described in section 2412(a)(2)(B) of such Act (20 U.S.C. 
6762(a)(2)(B)): Provided further, That $56,257,000 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 ESEA: Provided further, That no funds 
appropriated under this heading may be used to carry out section 5494 
under ESEA (20 U.S.C. 7259c): Provided further, That $18,001,000 shall 
be available to carry out the Supplemental Education Grants program for 
the Federated States of Micronesia and for the Republic of the Marshall 
Islands: Provided further, That up to 5 percent of these amounts may be 
reserved by the Federated States of Micronesia and the Republic of the 
Marshall Islands to administer the Supplemental Education Grants 
programs and to obtain technical assistance, oversight, and consultancy 
services in the administration of these grants and to reimburse the 
United States Departments of Labor, Health and Human Services, and 
Education for such services: Provided further, That $3,000,000 of the 
funds available for the Foreign Language Assistance Program shall be 
available for 5-year grants to local educational agencies that would 
work in partnership with one or more institutions of higher education 
to establish or expand articulated programs of study in languages 
critical to United States national security that will enable successful 
students to advance from elementary school through college to achieve a 
superior level of proficiency in those languages.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, part A of title VII of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7401 et seq.), $124,000,000.

                       Innovation and Improvement

    For carrying out activities authorized by section 1504 (20 U.S.C. 
6494), part G of title I (20 U.S.C. 6531 et seq.), subpart 5 of part A 
of title II (20 U.S.C. 6651) and part C and part D of title II (20 
U.S.C. 6671 et seq., 20 U.S.C. 6751 et seq.), and part B (including 
subpart 2), part C, and part D of title V (20 U.S.C. 7221 et seq., 20 
U.S.C. 7231 et seq., and 20 U.S.C. 7241) of the Elementary and 
Secondary Education Act of 1965 (``ESEA''), $992,354,000: Provided, 
That $10,695,000 shall be provided to the National Board for 
Professional Teaching Standards to carry out section 2151(c) of ESEA 
(20 U.S.C. 6651(c)): Provided further, That from funds for subpart 4 of 
part C of title II (20 U.S.C. 6721 et seq.), up to 3 percent shall be 
available to the Secretary for technical assistance and dissemination 
of information: Provided further, That $258,988,000 shall be available 
to carry out part D of title V of ESEA (20 U.S.C. 7241 et seq.), of 
which $99,000,000 of the funds for subpart 1 shall be for competitive 
grants to local educational agencies, including charter schools that 
are local educational agencies, or States, or partnerships of: (1) a 
local educational agency, a State, or both; and (2) at least one non-
profit organization to develop and implement performance-based teacher 
and principal compensation systems in high-need schools: Provided 
further, That such performance-based compensation systems must consider 
gains in student academic achievement as well as classroom evaluations 
conducted multiple times during each school year among other factors 
and provide educators with incentives to take on additional 
responsibilities and leadership roles: Provided further, That up to 5 
percent of such funds for competitive grants shall be available for 
technical assistance, training, peer review of applications, program 
outreach, and evaluation activities.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II (20 U.S.C. 6711 et seq.), part A of title IV (20 U.S.C. 7101 
et seq.), subpart 2 of part D of title V (20 U.S.C. 7245), subpart 3 of 
part D of title V (20 U.S.C. 7247), and subpart 10 of part D of title V 
(20 U.S.C. 7261 et seq.) of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), $714,075,000 (increased by $46,500,000), of which 
$300,000,000 (increased by $46,500,000) shall become available on July 
1, 2008, and remain available through September 30, 2009: Provided, 
That $300,000,000 (increased by $46,500,000) shall be available for 
subpart 1 of part A of title IV of ESEA (20 U.S.C. 7111 et seq.) and 
$222,335,000 shall be available for subpart 2 of part A of title IV of 
ESEA (20 U.S.C. 7131 et seq.), of which $5,000,000, 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, and institutions of higher education, in which 
the learning environment has been disrupted due to a violent or 
traumatic crisis: Provided further, That $158,422,000 shall be 
available to carry out part D of title V of ESEA (20 U.S.C. 7241 et 
seq.): Provided further, That of the funds available to carry out 
subpart 3 of part C of title II of ESEA (20 U.S.C. 6711 et seq.), up to 
$12,072,000 may be used to carry out section 2345 (20 U.S.C. 6715) and 
$3,025,000 shall be used by the Center for Civic Education to implement 
a comprehensive program to improve public knowledge, understanding, and 
support of the Congress and the State legislatures.

                      English Language Acquisition

    For carrying out part A of title III of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6811 et seq.), $774,614,000, 
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) of such Act (20 U.S.C. 6821(c)(1)(C)).

                           Special Education

    For carrying out the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.), $12,310,831,000 (increased by $2,000,000) 
(increased by $50,000,000) of which $5,467,594,000 (increased by 
$2,000,000) shall become available on July 1, 2008, and shall remain 
available through September 30, 2009, and of which $6,641,982,000 shall 
become available on October 1, 2008, and shall remain available through 
September 30, 2009, for academic year 2008-2009: Provided, That 
$11,880,000 shall be for the activities authorized by section 
674(c)(1)(D) of such Act: Provided further, That the amount for section 
611(b)(2) of such Act (20 U.S.C. 1411(b)(2)) 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 such Act (20 U.S.C. 1419(d)(2)(B)) or the percentage 
increase in the funds appropriated under section 611(i) of such Act (20 
U.S.C. 1411(i)).

            Rehabilitation Services and Disability Research

     For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Assistive 
Technology Act of 1998 (29 U.S.C. 3001 et seq.), and the Helen Keller 
National Center Act (29 U.S.C. 1901 et seq.), $3,279,743,000: Provided, 
That $30,452,000 shall be used for carrying out the Assistive 
Technology Act of 1998.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879 (20 U.S.C. 101 et seq.), 
$17,573,000.

               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.), $60,757,000, of which $1,705,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207 of such Act (20 
U.S.C. 4357).

                          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.), $109,952,000: Provided, That from the 
total amount available, the University may at its discretion use funds 
for the endowment program as authorized under section 207 of such Act 
(20 U.S.C. 4357).

                 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 (20 U.S.C. 2301 et 
seq.), the Adult Education and Family Literacy Act (20 U.S.C. 9201 et 
seq.), and subpart 4 of part D of title V of the Elementary and 
Secondary Education Act of 1965 (``ESEA'') (20 U.S.C. 7249), 
$2,046,220,000, of which $1,247,220,000 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 
amounts made available for the Carl D. Perkins Career and Technical 
Education Act of 2006, $8,000,000 is for the postsecondary career and 
technical institutions under section 117 of such Act (20 U.S.C. 2327): 
Provided further, That of the amounts provided for Adult Education 
State Grants, $71,622,000 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 (20 U.S.C. 9211), 65 percent shall be allocated to States based on 
a State's absolute need as determined by calculating each State's share 
of a 10-year average of the United States Citizenship and Immigration 
Services data for immigrants admitted for legal permanent residence for 
the 10 most recent years, and 35 percent allocated to States that 
experienced growth as measured by the average of the 3 most recent 
years for which United States Citizenship and Immigration Services data 
for immigrants admitted for legal permanent residence are available, 
except that no State shall be allocated an amount less than $60,000: 
Provided further, That of the amounts made available for the Adult 
Education and Family Literacy Act, $7,000,000 shall be for national 
leadership activities under section 243 of such Act (20 U.S.C. 9253) 
and $6,638,000 shall be for the National Institute for Literacy under 
section 242 of such Act (20 U.S.C. 9252): Provided further, That 
$93,531,000 shall be available to support the activities authorized 
under subpart 4 of part D of title V of the ESEA (20 U.S.C. 7249), of 
which up to 5 percent shall become available October 1, 2007, and shall 
remain available through September 30, 2009, for evaluation, technical 
assistance, school networks, peer review of applications, and program 
outreach activities, and of which not less than 95 percent shall become 
available on July 1, 2008, and remain available through September 30, 
2009, for grants to local educational agencies: Provided further, That 
funds made available to local educational agencies under this subpart 
shall be used only for activities related to establishing smaller 
learning communities within large high schools or small high schools 
that provide alternatives for students enrolled in large high schools.

                      Student Financial Assistance

    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, $17,464,883,000, which 
shall remain available through September 30, 2009: Provided, That, in 
addition, any amount made available for Academic Competitiveness Grants 
and National SMART Grants under section 401A of the Higher Education 
Act of 1965 (20 U.S.C. 1070a-1) for fiscal year 2007 (in an 
appropriation for such fiscal year or a preceding fiscal year) that is 
unobligated at the end of fiscal year 2007 shall be available for Pell 
Grants for the 2008-2009 award year.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2008-2009 shall be $4,700.

                       Student Aid Administration

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

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''), 
section 1543 of the Higher Education Amendments of 1992, and the Mutual 
Educational and Cultural Exchange Act of 1961, $2,051,533,000 
(increased by $100,000,000) (increased by $25,000,000): Provided, That 
$9,699,000, to remain available through September 30, 2009, shall be 
available to fund fellowships for academic year 2009-2010 under subpart 
1 of part A of title VII of the HEA, under the terms and conditions of 
such subpart 1: Provided further, That $620,000 is for data collection 
and evaluation activities for programs under the HEA, including such 
activities needed to comply with the Government Performance and Results 
Act of 1993: Provided further, That notwithstanding any other provision 
of law, funds made available in this Act to carry out title VI of the 
HEA and section 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 may be used to support visits and study in foreign 
countries by individuals who are participating in advanced foreign 
language training and international studies in areas that are vital to 
United States national security and who plan to apply their language 
skills and knowledge of these countries in the fields of government, 
the professions, or international development: Provided further, That 
of the funds referred to in the preceding proviso, up to 1 percent may 
be used for program evaluation, national outreach, and information 
dissemination activities: Provided further, That the funds provided for 
title II of the HEA shall be allocated notwithstanding section 210 of 
such Act.

                           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 (20 
U.S.C. 130aa et seq.) and shall remain available until expended.

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002 (20 U.S.C. 9501 et seq.) the National Assessment of 
Educational Progress Authorization Act (20 U.S.C. 9621 et seq.), 
section 208 of the Educational Technical Assistance Act of 2002 (20 
U.S.C. 9607), and section 664 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1464), $535,103,000, of which $293,144,000 
shall remain available until September 30, 2009.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act (20 U.S.C. 3401 et seq.), 
including rental of conference rooms in the District of Columbia and 
hire of three passenger motor vehicles, $394,487,000 (reduced by 
$125,000,000) (reduced by $50,000,000), 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, D.C.

                        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 (20 U.S.C. 3413), $93,771,000.

                      office of inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act (20 U.S.C. 3422), $53,239,000.

                           General Provisions

                     (including transfer of funds)

    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 (42 U.S.C. 2000d et seq.). 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.
    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 900 et seq.)) which are appropriated for the current 
fiscal year 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 
an appropriation may be increased by up to an additional 2 percent 
subject to approval by the Committees on Appropriations of the House of 
Representatives and the Senate: Provided further, That the transfer 
authority granted by this section shall be available only to meet 
unanticipated needs and shall not be used to create any new program or 
to fund any project or activity for which no funds are provided in this 
Act: Provided further, That the Committees on Appropriations of the 
House of Representatives and the Senate are notified at least 15 days 
in advance of any transfer.
    Sec. 305. None of the funds made available in this Act may be used 
to promulgate, implement, or enforce any revision to the regulations in 
effect under section 496 of the Higher Education Act of 1965 on June 1, 
2007, until legislation specifically requiring such revision is 
enacted.
    Sec. 306. (a) Maintenance of Integrity and Ethical Values Within 
Department of Education.--Within 30 days after the enactment of this 
Act, the Secretary of Education shall implement procedures--
            (1) to assess whether a covered individual or entity has a 
        potential financial interest in, or bias towards, a product or 
        service purchased with, or guaranteed or insured by, funds 
        administered by the Department of Education or a contracted 
        entity of the Department; and
            (2) to disclose the existence of any such potential 
        financial interest or bias.
    (b) Review by Inspector General.--
            (1) Within 30 days after the implementation of the 
        procedures described in subsection (a), the Inspector General 
        of the Department of Education shall report to the Committees 
        on Appropriations of the House of Representatives and the 
        Senate on the adequacy of such procedures.
            (2) Within 1 year, the Inspector General shall conduct at 
        least 1 audit to ensure that such procedures are properly 
        implemented and are adequate to uncover and disclose the 
        existence of potential financial interests or bias described in 
        subsection (a).
            (3) The Inspector General shall report to such Committees 
        any recommendations for modifications to such procedures that 
        the Inspector General determines are necessary to uncover and 
        disclose the existence of such potential financial interests or 
        bias.
    (c) Definition.--For purposes of this section, the term ``covered 
individual or entity'' means--
            (1) an officer or professional employee of the Department 
        of Education;
            (2) a contractor or subcontractor of the Department, or an 
        individual hired by the contracted entity;
            (3) a member of a peer review panel of the Department; or
            (4) a consultant or advisor to the Department.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2008''.

                       TITLE IV--RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

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

             Corporation for National and Community Service

                           operating expenses

                     (including transfer of funds)

    For necessary expenses for the Corporation for National and 
Community Service to carry out the Domestic Volunteer Service Act of 
1973 (``1973 Act'') (42 U.S.C. 4950 et seq.) and the National and 
Community Service Act of 1990 (``1990 Act'') (42 U.S.C. 12501 et seq.), 
$768,905,000, of which $313,054,000 is to carry out the 1973 Act and 
$455,851,000 is to carry out the 1990 Act: Provided, That up to 1 
percent of program grant funds may be used to defray the costs of 
conducting grant application reviews, including the use of outside peer 
reviewers and electronic management of the grants cycle: Provided 
further, That none of the funds made available under this heading for 
activities authorized by section 122 and part E (42 U.S.C. 5028 et 
seq.) of title II of the 1973 Act shall be used to provide stipends or 
other monetary incentives to volunteers or volunteer leaders whose 
incomes exceed 125 percent of the national poverty level: Provided 
further, That notwithstanding subtitle H of title I of the 1990 Act (42 
U.S.C. 12653 et seq.), none of the funds provided for quality and 
innovation activities shall be used to support salaries and related 
expenses (including travel) attributable to Corporation for National 
and Community Service employees: Provided further, That of the amounts 
provided under this heading: (1) $122,521,000, to remain available 
until expended, to be transferred to the National Service Trust for 
educational awards authorized under subtitle D of title I of the 1990 
Act: Provided further, That in addition to these funds, the Corporation 
may transfer funds from the amount provided for AmeriCorps grants under 
the National Service Trust Program, to the National Service Trust 
authorized under subtitle D of title I of the 1990 Act (42 U.S.C. 12601 
et seq.), upon determination that such transfer is necessary to support 
the activities of national service participants and after notice is 
transmitted to the Congress; (2) not more than $55,000,000 of funding 
provided for grants under the National Service Trust program authorized 
under subtitle C of title I of the 1990 Act may be used to administer, 
reimburse, or support any national service program authorized under 
section 121(d)(2) of such Act (42 U.S.C. 12571(d)(2)); (3) $37,125,000, 
to remain available until September 30, 2009, shall be for service-
learning programs authorized under subtitle B of title I of the 1990 
Act (42 U.S.C. 12521 et seq.); and (4) $12,000,000 shall be to provide 
assistance to State commissions on national and community service, 
under 126(a) of the 1990 Act (42 U.S.C. 12576(a)) and notwithstanding 
501(a)(4) of the 1990 Act (42 U.S.C. 12681(a)(4)).

                         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. 
12681 (a)(4)) and under section 504(a) of the Domestic Volunteer 
Service Act of 1973 (42 U.S.C. 5084(a)), 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 section 3109 of title 5, United States 
Code, and not to exceed $2,500 for official reception and 
representation expenses, $68,964,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978 (5 U.S.C. App.), 
$5,512,000, to remain available until September 30, 2008.

                       administrative provisions

    Sec. 401. Notwithstanding any other provision of law, the term 
``qualified student loan'' with respect to national service education 
awards shall mean any loan determined by an institution of higher 
education to be necessary to cover a student's cost of attendance at 
such institution and made, insured, or guaranteed directly to a student 
by a State agency, in addition to other meanings under section 
148(b)(7) of the National and Community Service Act of 1990 (42 U.S.C. 
12604 (b)(7)).
    Sec. 402. Notwithstanding any other provision of law, funds made 
available under section 129(d)(5)(B) of the National and Community 
Service Act of 1990 (42 U.S.C. 12581(d)(5)(B)) 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 (42 U.S.C. 12571).
    Sec. 403. The Inspector General of the Corporation for National and 
Community Service shall conduct random audits of the grantees that 
administer activities under the AmeriCorps programs and shall levy 
sanctions in accordance with standard Inspector General audit 
resolution procedures which include, but are not limited to, debarment 
of any grantee (or successor in interest or any entity with 
substantially the same person or persons in control) that has been 
determined to have committed any substantial violation of the 
requirements of the AmeriCorps programs, including any grantee that has 
been determined to have violated the prohibition of using Federal funds 
to lobby the Congress: Provided, That the Inspector General shall 
obtain reimbursements in the amount of any misused funds from any 
grantee that has been determined to have committed any substantial 
violation of the requirements of the AmeriCorps programs.
    Sec. 404. The Corporation for National and Community Service shall 
make any significant changes to program requirements or policy only 
through public notice and comment rulemaking. For fiscal year 2008, 
during any grant selection process, an officer or employee of the 
Corporation shall not knowingly disclose any covered grant selection 
information regarding such selection, directly or indirectly, to any 
person other than an officer or employee of the Corporation that is 
authorized by the Corporation to receive such information.
    Sec. 405. Professional Corps programs described in section 
122(a)(8) of the National and Community Service Act of 1990 (42 U.S.C. 
12572(a)(8)) may apply to the Corporation for a waiver of application 
of section 140(c)(2) (42 U.S.C. 12594(c)(2)).
    Sec. 406. Notwithstanding section 1342 of title 31, United States 
Code, the Corporation may solicit and accept the services of 
organizations and individuals (other than participants) to assist the 
Corporation in carrying out the duties of the Corporation under the 
national service laws: Provided, That an individual who provides 
services under this section shall be subject to the same protections 
and limitations as volunteers under section 196(a) of the National and 
Community Service Act of 1990 (42 U.S.C. 12651g(a)).
    Sec. 407. Organizations operating projects under the AmeriCorps 
Education Awards Program shall do so without regard to the requirements 
of sections 121(d) and (e) (42 U.S.C. 12571(d) and (e)), 131(e) (42 
U.S.C. 12583(e)), 132 (42 U.S.C. 12584), and 140(a), (d), and (e) (42 
U.S.C. 12594(a), (d), and (e)) of the National and Community Service 
Act of 1990.
    Sec. 408. AmeriCorps programs receiving grants under the National 
Service Trust program shall meet an overall minimum share requirement 
of 24 percent for the first three years that they receive AmeriCorps 
funding, and thereafter shall meet the overall minimum share 
requirement as provided in section 2521.60 of title 45, Code of Federal 
Regulations, without regard to the operating costs match requirement in 
section 121(e) (42 U.S.C. 12571(e)) or the member support Federal share 
limitations in section 140 (42 U.S.C. 12594) of the National and 
Community Service Act of 1990, and subject to partial waiver consistent 
with section 2521.70 of title 45, Code of Federal Regulations.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2010, $420,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex: Provided further, That no 
funds made available to the Corporation for Public Broadcasting by this 
Act shall be used to apply any political test or qualification in 
selecting, appointing, promoting, or taking any other personnel action 
with respect to officers, agents, and employees of the Corporation: 
Provided further, That for fiscal year 2008, in addition to the amounts 
provided above, $29,700,000 shall be for costs related to digital 
program production, development, and distribution, associated with the 
transition of public broadcasting to digital broadcasting, to be 
awarded as determined by the Corporation in consultation with public 
radio and television licensees or permittees, or their designated 
representatives: Provided further, That for fiscal year 2008, in 
addition to the amounts provided above, $26,750,000 is available 
pursuant to section 396(k)(10) of the Communications Act of 1934 for 
replacement and upgrade of the public radio interconnection system: 
Provided further, That none of the funds made available to the 
Corporation for Public Broadcasting by this Act, the Continuing 
Appropriations Resolution, 2007 (Public Law 110-5), or the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 2006 (Public Law 109-149), shall be used 
to support the Television Future Fund or any similar purpose.

               Federal Mediation And Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act of 1947 (29 U.S.C. et seq.), 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 (5 U.S.C. chapter 71), $44,450,000, including 
$650,000 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 section 3302 of title 31, United 
States Code, 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 (20 U.S.C. 
9101 et seq.), and the National Museum of African American History and 
Culture Act (20 U.S.C. 80 et seq.), $264,812,000, to remain available 
until September 30, 2008.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act (42 U.S.C. 1395b-6), $10,748,000, to be transferred to 
this appropriation from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds.

                     National Council on Disability

                         salaries and expenses

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

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act of 1947 (29 U.S.C. 141-167 et seq.), Equal Access to Justice Act, 
Fair Labor Standards Act, Government in the Sunshine Act, Postal 
Service Reorganization Act, Freedom of Information Act, and the Privacy 
Act, $256,988,000 (increased by $500,000): Provided, That none of the 
funds available under this Act 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(3)), and as amended by the 
Labor-Management Relations Act, 1947, and as defined in section 3(f) of 
the Act of June 25, 1938 (29 U.S.C. 203(f)), and including in such 
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 (45 U.S.C. 151 et seq.), including emergency boards appointed 
by the President, $12,992,000, of which $750,000 shall be for 
arbitrator salaries and expenses pursuant to section 153(1).

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (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 (45 U.S.C. 231n 
(d)), $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 
(45 U.S.C. 231n note); and in addition, an amount, not to exceed 2 
percent of the amount provided herein, shall be available proportional 
to the amount by which the product of recipients and the average 
benefit received exceeds the amount available for payment of vested 
dual benefits: Provided, That the total amount provided herein shall be 
credited in 12 approximately equal amounts on the first day of each 
month in the fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2009, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76 (45 U.S.C. 231n 
note).

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act (45 U.S.C. 231 et seq.) 
and the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), 
$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 (5 U.S.C. appendix), not more than 
$7,606,000, to be derived from the railroad retirement accounts and 
railroad unemployment insurance account.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security 
Act (42 U.S.C. 401(m), 417(g), 428(g), and 1320b-1(b)(2)), $28,140,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act (42 
U.S.C. 1301 et seq., 1381 et seq.), 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 (42 U.S.C. 401(g)(1)), $26,948,525,000, 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 (42 
U.S.C. 1381 et seq.), 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 (42 U.S.C. 1381 et seq.) 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 $9,347,953,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act (42 
U.S.C. 401(g)(1)), 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 title II and XVI of the Social Security Act (42 U.S.C. 
401 et seq., 1381 et seq.) and for conducting redeterminations of 
eligibility under title XVI of the Social Security Act (42 U.S.C. 1381 
et seq.).
    In addition to amounts made available above, and subject to the 
same terms and conditions, $213,000,000, for additional continuing 
disability reviews and redeterminations of eligibility.
    In addition, $135,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act (42 U.S.C. 1382e(d)) or section 
212(b)(3) of Public Law 93-66, which shall remain available until 
expended. To the extent that the amounts collected pursuant to such 
sections in fiscal year 2008 exceed $135,000,000, the amounts shall be 
available in fiscal year 2009 only to the extent provided in advance in 
appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act 
(Public Law 108-203), which shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $27,000,000, together with not to exceed $68,047,000, to 
be transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act (42 U.S.C. 401(g)(1)) from the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and expenses''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and expenses''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated in this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.
    Sec. 506. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 507. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under section 46.204(b) of title 45, Code of Federal 
        Regulations, 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 
part 46 of title 45, Code of Federal Regulations, as of the date of the 
enactment of this Act, that is derived by fertilization, 
parthenogenesis, cloning, or any other means from one or more human 
gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act (21 U.S.C. 812) except for normal and recognized executive-
congressional communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving the 
standard.
    Sec. 512. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 513. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514. None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act (20 
U.S.C. 9134(f)), as amended by the Children's Internet Protection Act, 
unless such library has made the certifications required by paragraph 
(4) of such section.
    Sec. 515. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 2401 et seq.) 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 
Protection Act and the No Child Left Behind Act, unless the local 
educational agency with responsibility for such covered school has made 
the certifications required by paragraph (2) of such section.
    Sec. 516. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2008, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2008, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 517. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 518. Within 45 days of enactment of this Act, each department 
and related agency funded through this Act shall submit an operating 
plan that details at the program, project, and activity level any 
funding allocations for fiscal year 2008 that are different than those 
specified in this Act, the accompanying detailed table in the committee 
report, or the fiscal year 2008 budget request.
    Sec. 519. The Department of Labor and the Department of Health and 
Human Services shall provide congressional budget justifications for 
their fiscal year 2009 budget requests in the format and level of 
detail used by the Department of Education in its fiscal year 2008 
congressional budget justifications.
    Sec. 520. None of the funds appropriated by this Act may be used by 
the Commissioner of Social Security or the Social Security 
Administration to develop guidelines, policies, or procedures, or 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 any foreign country 
establishing totalization arrangements between the social security 
system established by title II of the Social Security Act and the 
social security system of such foreign country, which would be 
inconsistent with existing statutory law.
    Sec. 521. None of the funds made available in this Act may be used 
to enter into a contract with an entity that does not participate in 
the basic pilot program described in section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note).
    Sec. 522. None of the funds made available in this Act may be used 
to pay the basic pay of any individual serving as Deputy Commissioner 
of Social Security, Social Security Administration, whose appointment 
to such position has not been confirmed by a vote of the Senate 
pursuant to section 702(b)(1) of the Social Security Act.
    Sec. 523. None of the funds made available in this Act may be used 
to establish or implement any requirement that individuals receive 
vaccination for human papillomavirus (HPV) as a condition of school 
admittance or matriculation.
    Sec. 524. The amounts otherwise provided by this Act are revised by 
reducing the amount made available for ``DEPARTMENT OF LABOR--
Departmental Management--Salaries and Expenses'', and increasing the 
amount made available for ``DEPARTMENT OF EDUCATION--School Improvement 
Programs'' (for activities authorized by part B of title II of the 
Elementary and Secondary Education Act of 1965), by $15,665,760.
    Sec. 525. None of the funds made available in this Act may be used 
by the Centers for Medicare & Medicaid Services to implement the final 
rule published on March 30, 2007, on page 15275 of volume 72, Federal 
Register (relating to section 482.82(b) of title 42, Code of Federal 
Regulations).
    Sec. 526. None of the funds made available by this Act may be used 
to carry out the evaluation of the Upward Bound program described in 
the absolute priority for Upward Bound Program participant selection 
and evaluation published by the Department of Education in the Federal 
Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.).
    Sec. 527. The amount otherwise provided in this Act for 
``DEPARTMENT OF EDUCATION--DEPARTMENTAL MANAGEMENT--Office of Civil 
Rights'' is hereby decreased by $2,000,000 and increased by $2,000,000.
    Sec. 528. The amount otherwise provided in this Act for 
``DEPARTMENT OF EDUCATION--EDUCATION FOR THE DISADVANTAGED'' is hereby 
decreased by $2,000,000 and increased by $2,000,000.
    Sec. 529. (a) None of the funds made available in this Act may be 
used to carry out the Entertainment Education Program of the Centers 
for Disease Control and Prevention.
    (b) None of the funds made available in this Act may be used for 
the Ombudsman Program of the Centers for Disease Control and 
Prevention.
    (c) None of the funds made available in this Act may be used 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. 530. None of the funds made available in this Act may be used 
to purchase light bulbs unless the light bulbs have the ``ENERGY STAR'' 
designation.
    Sec. 531. None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single conference occurring 
outside the United States.
    Sec. 532. The amounts otherwise provided by this Act are revised by 
reducing the amount made available for the ``Department of Labor, 
Employment and Training Administration, Training and Employment 
Services'', by increasing the amount made available for the ``National 
Institutes of Health, National Cancer Institute'', and by increasing 
the amount made available for the ``National Institutes of Health, 
National Institute of Neurological Disorders and Stroke'' by 
$49,000,000, $10,000,000, and $10,000,000, respectively.
    Sec. 533. None of the funds in this Act may be used to employ 
workers described in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 534. None of the funds made available in this Act may be used 
by the Public Broadcasting Service to sponsor events at the Filmmaker 
Lodge at the Sundance Film Festival.
    Sec. 535. 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. 536. None of the funds made available in this Act may be used 
to take any action to finalize (or otherwise implement) provisions 
contained in the proposed rule published on May 3, 2007, on pages 24680 
through 25135 of volume 72, Federal Register, insofar as such 
provisions propose--
            (1) to alter payments for services under the hospital 
        inpatient prospective payment system under section 1886(d) of 
        the Social Security Act (42 U.S.C 1395ww(d)) based on use of a 
        Medicare severity diagnosis related group (MS-DRG) system; or
            (2) to implement a prospective behavioral offset in 
        response to the implementation of such a Medicare Severity 
        Diagnosis Related Group (MS-DRG) system for purposes of such 
        hospital inpatient prospective payment system.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2008''.

            Passed the House of Representatives July 19, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 3043

_______________________________________________________________________

                                 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.