[Congressional Record Volume 153, Number 158 (Thursday, October 18, 2007)]
[Senate]
[Pages S13102-S13112]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3350. Mr. LAUTENBERG (for himself and Ms. Snowe) submitted an 
amendment intended to be proposed to amendment SA 3325 proposed by Mr. 
Harkin (for himself and Mr. Specter) to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available in this Act may 
     be used to provide abstinence education that includes 
     information that is medically inaccurate. For purposes of 
     this section, the term ``medically inaccurate'' means 
     information that is unsupported or contradicted by peer-
     reviewed research by leading medical, psychological, 
     psychiatric, and public health publications, organizations 
     and agencies.
                                 ______
                                 
  SA 3351. Mr. SMITH (for himself and Mrs. Lincoln) submitted an 
amendment intended to be proposed by him to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title II, add the following:
       Sec. __.  In addition to amounts otherwise made available 
     under this Act, and notwithstanding any other provision of 
     this Act, including the amounts provided under the heading 
     ``aging services programs'' under the heading 
     ``Administration on Aging'' in this title, the Secretary of 
     Health and Human Services shall transfer, from funds that 
     were appropriated to the Secretary under any provision of 
     Federal law for a fiscal year prior to fiscal year 2008 and 
     that remain unobligated--
       (1) $18,371,178 to carry out part B of title III of the 
     Older Americans Act of 1965 (42 U.S.C. 3030d) for fiscal year 
     2008 (for supportive services and senior centers to allow 
     area agencies on aging to account for projected growth in the 
     population of older individuals, and inflation);
       (2) $11,744,480 to carry out part C of title III of such 
     Act (42 U.S.C. 3030d-21 et seq.) for fiscal year 2008 (for 
     congregate and home-delivered nutrition services to help 
     account for increased gas and food costs); and
       (3) $10,333,000 to carry out part E of title III of such 
     Act (42 U.S.C. 3030s et seq.) for fiscal year 2008 (for the 
     National Family Caregiver Support Program to fund the program 
     at the level authorized for that program under that Act (42 
     U.S.C. 3001 et seq.)).
                                 ______
                                 
  SA 3352. Mr. ENSIGN (for himself, Mr. Sessions, and Mr. Barrasso) 
submitted an amendment intended to be proposed to amendment SA 3325 
proposed by Mr. Harkin (for himself and Mr. Specter) to the bill H.R. 
3043, making appropriations for the Departments of Labor, Health and 
Human Services, and Education, and related agencies for the fiscal year 
ending September 30, 2008, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process claims for credit for quarters of coverage based 
     on work performed under a social security account number that 
     was not the claimant's number which is an offense prohibited 
     under section 208 of the Social Security Act (42 U.S.C. 408).

[[Page S13103]]

                                 ______
                                 
  SA 3353. Mr. FEINGOLD (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Of the funds made available in this Act for 
     subtitle B of title IV of the Cardiac Arrest Survival Act of 
     2000 (Public Law 106-505), $200,000 shall be used to carry 
     out section 312(c)(6) of the Public Health Service Act.
                                 ______
                                 
  SA 3354. Mr. FEINGOLD (for himself, Mr. Graham, Mr. Bingaman, and Mr. 
Voinovich) submitted an amendment intended to be proposed by him to the 
bill H.R. 3043, making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a)  Not later than November 30, 2008, the 
     Comptroller General of the United States shall submit to 
     Congress a report concerning State health care reform 
     initiatives.
        (b) The report required under subsection (a) shall include 
     the following:
       (1) An assessment of State efforts to reexamine health care 
     delivery and health insurance systems and to expand the 
     access of residents to health insurance and health care 
     services, including the following:
       (A) An overview of State approaches to reexamining health 
     care delivery and insurance.
       (B) A description of whether and to what extent State 
     health care initiatives have resulted in improved access to 
     health care and insurance.
       (C) A description of the extent to which public and private 
     cooperation has occurred in State health care initiatives.
       (D) A description of the outcomes of State insurance 
     coverage mandates.
       (E) A description of the effects of increased health care 
     costs on State fiscal choices.
       (F) A description of the effects of Federal law and funding 
     on State health care initiatives and fiscal choices.
       (G) A description of outcomes of State efforts to increase 
     health care quality and control costs.
       (2) Recommendations regarding the potential role of 
     Congress in supporting State-based reform efforts, including 
     the following:
       (A) Enacting changes in Federal law that would facilitate 
     State-based health reform and expansion efforts.
       (B) Creating new or realigning existing Federal funding 
     mechanisms to support State-based reform and expansion 
     efforts.
       (C) Expanding existing Federal health insurance programs 
     and increasing other sources of Federal health care funding 
     to support State-based health reform and expansion efforts.
                                 ______
                                 
  SA 3355. Mr. SALAZAR (for himself, Mr. Levin, Ms. Stabenow, Mr. 
Casey, Mr. Lieberman, and Mr. Bayh) submitted an amendment intended to 
be proposed to amendment SA 3325 proposed by Mr. Harkin (for himself 
and Mr. Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; as follows:

       On page 88, line 16, strike the period and insert ``: 
     Provided further, That $8,400,000 shall be used to carry out 
     the Traumatic Brain Injury (TBI) Model Systems of Care 
     Program and to sustain at least 16 TBI Model Systems 
     Centers.''.
                                 ______
                                 
  SA 3356. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. Specter) 
to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:

       On page 55, strike lines 19 through 23 and insert the 
     following: ``U.S.C. 8623(a)-(d)), $2,161,170,000.''.

                                 ______
                                 
  SA 3357. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill H.R. 3043, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SMALL BUSINESS CHILD CARE GRANT PROGRAM.

       For carrying out the small business child care grant 
     program under section 8303 of the U.S. Troop Readiness, 
     Veterans' Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (42 U.S.C. 9858 note) $5,000,000, to 
     remain available until expended. Each amount otherwise 
     appropriated in this Act for administrative costs shall be 
     reduced on a pro rata basis by the amount necessary to 
     provide the amount referred to in the preceding sentence.
                                 ______
                                 
  SA 3358. Mr. COBURN (for himself and Mr. Burr) submitted an amendment 
intended to be proposed by him to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       Sec.__. (a) This section may be cited as the ``Children's 
     Health Care First Act of 2007''.
       (b) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available by this 
     Act may be used for any congressionally directed spending 
     item, as defined by Sec. 521 of Public Law 110-81, until the 
     Secretary of the Department of Health and Human Services 
     certifies that all children in the U.S. under the age of 18 
     years are insured by a private or public health insurance 
     plan.
                                 ______
                                 
  SA 3359. Mr. LIEBERMAN (for himself and Mr. Dodd) submitted an 
amendment intended to be proposed by him to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available in this Act or any other Act making appropriations 
     to the agencies funded by this Act may be used to close or 
     otherwise cease to operate the field office of the Social 
     Security Administration located in Bristol, Connecticut.
                                 ______
                                 
  SA 3360. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. Specter) 
to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:

       On page 59, line 22, insert before the colon the following: 
     ``, of which $6,000,000 shall be made available to the 
     Administrator of the Health Resources and Services 
     Administration to carry out trauma and emergency medical 
     services programs''.

                                 ______
                                 
  SA 3361. Mr. BROWN (for himself and Mr. Webb) submitted an amendment 
intended to be proposed by him to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a)  The Secretary of Education shall update the 
     2002 Department of Education and United States Secret Service 
     guidance entitled ``Threat Assessment in Schools: A Guide to 
     Managing Threatening Situations and to Creating Safe School 
     Climates'' to reflect the recommendations contained in the 
     report entitled ``Report to the President On Issues Raised by 
     the Virginia Tech Tragedy'', to include the need to provide 
     schools with guidance on how information can be shared 
     legally under the regulations issued under section 264(c) of 
     the Health Insurance Portability and Accountability Act and 
     the Family Educational Rights and Privacy Act.
        (b) Not later than 3 months after the date of enactment of 
     this Act, the Secretary of Education shall disseminate the 
     updated guidance under subsection (a) to institutions of 
     higher education and to State departments of education for 
     distribution to all local education agencies.
                                 ______
                                 
  SA 3362. Mr. BYRD (for himself, Mr. Specter, Mr. Harkin, Mr. 
McConnell, Mr. Webb, Mr. Rockefeller, and Mr. Durbin) proposed an 
amendment to amendment SA 3325 proposed by Mr. Harkin (for himself and 
Mr. Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; as follows:

       At the appropriate place in title I, insert the following:

[[Page S13104]]

       Sec. __. (a)  In addition to amounts otherwise appropriated 
     under this Act, there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, an additional 
     $10,000,000 for necessary expenses for salaries and expenses 
     of the Mine Safety and Health Administration.
        (b) Amounts made available under this Act for travel 
     expenses for the Department of Labor, the Department of 
     Health and Human Services, and the Department of Education 
     shall be reduced on a pro rata basis by the percentage 
     necessary to decrease the overall amount of such spending by 
     $10,000,000.
                                 ______
                                 
  SA 3363. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. 
Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 60, line 4, strike ``$80,416,000'' and insert 
     ``$110,000,000''.
       On page 60, line 5, insert ``(as defined by section 
     510(b)(2) of the Social Security Act)'' after ``education''.

                                 ______
                                 
  SA 3364. Mr. COLEMAN submitted an amendment intended to be proposed 
to amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. 
Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title III, insert the 
     following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     $2,000,000 shall be available to carry out activities related 
     to National History Day, in accordance with the American 
     History and Civics Education Act of 2004 (Public Law 108-
     474). Amounts appropriated under this title for 
     administrative expenses shall be reduced on a pro rata basis 
     by $2,000,000.
                                 ______
                                 
  SA 3365. Mr. ROBERTS (for himself and Mr. Coleman) submitted an 
amendment intended to be proposed to amendment SA 3325 proposed by Mr. 
Harkin (for himself and Mr. Specter) to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. SMALL BUSINESS CHILD CARE GRANT PROGRAM.

       For carrying out the small business child care grant 
     program under section 8303 of the U.S. Troop Readiness, 
     Veterans' Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (42 U.S.C. 9858 note) $5,000,000, to 
     remain available until expended. Each amount otherwise 
     appropriated in this Act for administrative expenses for the 
     Department of Labor, Department of Health and Human Services, 
     and Department of Education shall be reduced on a pro rata 
     basis by the amount necessary to provide the amount referred 
     to in the preceding sentence.
                                 ______
                                 
  SA 3366. Mr. BURR (for himself and Mr. Gregg) submitted an amendment 
intended to be proposed to amendment SA 3325 proposed by Mr. Harkin 
(for himself and Mr. Specter) to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 66, line 7, strike ``$756,556,000'' and insert 
     ``$786,556,000''.
       On page 66, line 10, strike the period and insert ``, and 
     of which $189,000,000 shall be used to support advanced 
     research and development of medical countermeasures, 
     consistent with section 319L of the Public Health Service 
     Act.''.
       On page 79, between lines 4 and 5, insert the following:
       Sec. __. (a) Notwithstanding any other provision of this 
     Act, each account provided by this Act containing a 
     congressionally directed spending item (as defined in rule 
     XLIV of the Standing Rules of the Senate, as added by the 
     Honest Leadership and Open Government Act of 2007) is reduced 
     by a pro rata percentage required to raise the total amount 
     provided by this Act for the Public Health and Social 
     Services Emergency Fund by $30,000,000.
       (b) Not later than 30 days after the date of enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate a listing of the amounts by 
     account of the reductions made pursuant to subsection (a).
                                 ______
                                 
  SA 3367. Mr. SMITH (for himself and Mr. Casey) submitted an amendment 
intended to be proposed to amendment SA 3325 proposed by Mr. Harkin 
(for himself and Mr. Specter) to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title III, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     from the amounts appropriated for fiscal year 2007 for the 
     Department of Education that remain unobligated at the end of 
     such fiscal year, there shall be available $25,000,000, for 
     State grants under the Carl D. Perkins Career and Technical 
     Education Act of 2006 (Public Law 109-270).
                                 ______
                                 
  SA 3368. Mr. HARKIN (for himself, Mr. Kennedy, Mr. Specter, Ms. 
Snowe, Mr. Rockefeller, and Mr. Durbin) proposed an amendment to 
amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. Specter) 
to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:

       On page 50, line 5, insert before the period the following: 
     ``: Provided further, That $5,000,000 shall be for activities 
     to reduce infections from methicillin-resistant 
     staphylococcus aureus (MRSA) and related infections''.

                                 ______
                                 
  SA 3369. Mr. ALLARD submitted an amendment intended to be proposed to 
amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. Specter) 
to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     the total amount appropriated by this Act for any program for 
     which the most recent rating available on the date of 
     enactment of this Act by the Office of Management and Budget 
     through the Program Assessment Rating Tool (PART) is 
     ``ineffective'' shall be reduced by 10 percent. Not later 
     than 30 days after the date of enactment of this Act, an 
     amount equal to the aggregate amount of any such reduction 
     shall be deposited in the account established under section 
     3113(d) of title 31, United States Code, to reduce the public 
     debt.
                                 ______
                                 
  SA 3370. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. Specter) 
to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title I, insert the following:
       Sec. __.  To enable the National Institute for Occupational 
     Safety and Health to carry out the Fire Fighter Fatality 
     Investigation and Prevention Program, $5,000,000, which shall 
     include any other amounts made available under this Act for 
     such Program.
                                 ______
                                 
  SA 3371. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. 
Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 79, between lines 4 and 5, insert the following:
       Sec. __.  In addition to other amounts appropriated in this 
     title to carry out title VII of the Public Health Service 
     Act, $2,000,000 shall be made available to carry out allied 
     health professional programs under section 755 of such title 
     VII, other than the Chiropractic-Medical School Demonstration 
     Grant program, Graduate Psychology training programs, and 
     podiatric physicians programs.
       On page 62, line 9, strike ``$399,386,000'' and insert 
     ``$397,386,000''.
                                 ______
                                 
  SA 3372. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. 
Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title III, insert the following:

[[Page S13105]]

     SEC. __. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN 
                   PROGRAM.

       (a) Definitions.--
       (1) Emergency.--The term ``emergency'' has the meaning 
     given the term in section 102(1) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(1)).
       (2) Major disaster.--The term ``major disaster'' has the 
     meaning given the term in section 102(2) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(2)).
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (b) Loan Program Authorized.--From funds appropriated under 
     subsection (k), the Secretary shall establish an Education 
     Disaster and Emergency Relief Loan Program to provide long 
     term, low interest, guaranteed loans to institutions of 
     higher education for direct or indirect losses incurred as a 
     result of a federally declared major disaster or emergency.
       (c) Presidential Declaration Required.--The Secretary shall 
     only provide a loan under the Education Disaster and 
     Emergency Relief Loan Program to an institution of higher 
     education located in an area with respect to which a major 
     disaster or emergency was declared by the President pursuant 
     to section 401 or 501 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191).
       (d) Use of Loan Funds.--Loan funds provided under this 
     section may be used for--
       (1) direct and indirect construction, replacement, 
     renovation, or clean-up costs associated with or resulting 
     from a major disaster or emergency;
       (2) faculty salaries and incentives for retaining faculty; 
     or
       (3) reimbursement for lost tuition and other revenues.
       (e) Requirements for Loans Due to Losses.--An institution 
     of higher education that desires to receive a loan under this 
     section shall--
       (1) submit a sworn financial statement and other 
     appropriate data, documentation, or other evidence requested 
     by the Secretary that indicates that the institution incurred 
     losses resulting from the impact of a major disaster or 
     emergency and the monetary amount of such losses; and
       (2) demonstrate that the institution attempted to minimize 
     the cost of any losses by pursuing collateral source 
     compensation from the Federal Emergency Management Agency and 
     from insurance coverage prior to seeking a loan under this 
     section, except that an institution of higher education shall 
     not be required to receive collateral source compensation 
     from the Federal Emergency Management Agency or from 
     insurance compensation in order to be eligible for a loan 
     under this section.
       (f) Audit.--The Secretary and the Comptroller General of 
     the United States may audit a financial statement submitted 
     under subsection (e) and may request any information that the 
     Secretary and Comptroller General determine necessary to 
     conduct such an audit.
       (g) Reduction in Loan Amounts.--In calculating the amount 
     of a loan to make available to an institution of higher 
     education under this section, the Secretary shall calculate a 
     figure that reduces from the monetary amount of losses 
     incurred by the institution only the amount of collateral 
     source compensation the institution received from the Federal 
     Emergency Management Agency and from insurance compensation.
       (h) Date of Eligibility; Expenses Incurred Before Date of 
     Disaster.--Eligibility for a loan under this section shall 
     begin on the date of the occurrence of the event which 
     results in a declaration by the President that a major 
     disaster or emergency exists, except that reasonable expenses 
     which are incurred in anticipation of and immediately 
     preceding such event may be covered by a loan under this 
     section.
       (i) Conditions of Loan.--A loan under this section--
       (1) shall be repaid over a period of time that is not less 
     than 30 years; and
       (2) shall bear interest at a rate which shall be not be 
     more than 1 percent per annum.
       (j) Regulations.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     setting forth--
       (1) the terms for the long term, low interest, guaranteed 
     loan program under this section;
       (2) procedures for an application for a loan under this 
     section; and
       (3) minimum requirements for the long term, low interest, 
     guaranteed loan program and for receiving a loan under this 
     section, including the following:
       (A) Online forms to be used in submitting request for a 
     loan under this section.
       (B) Information to be included in the forms.
       (C) Procedures to assist in filing and pursing a loan under 
     this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated and there are appropriated, out of any 
     money in the Treasury not otherwise appropriated, 
     $800,000,000 to carry out this section for fiscal year 2008.
                                 ______
                                 
  SA 3373. Mr. SESSIONS (for himself, Mr. Hatch, Mr. Inhofe, Mr. 
Isakson, Mr. Roberts, Mr. Vitter, Mrs. Dole, Mr. Martinez, Mr. 
Alexander, Mr. Cornyn, Mr. Enzi, and Mr. Graham) proposed an amendment 
to amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. 
Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; as follows:

       On page 14, line 24, strike ``$436,397,000'' and insert 
     ``$441,397,000, of which $50,737,000 is for the Office of 
     Labor Management Standards (notwithstanding any other 
     provision of this Act, amounts appropriated or otherwise made 
     available under this Act for the administrative and related 
     expenses for departmental management for the Department of 
     Labor, the Department of Health and Human Services, and the 
     Department of Education shall be reduced on a pro rata basis 
     by $5,000,000),''.
                                 ______
                                 
  SA 3374. Ms. COLLINS (for herself, Mr. Feingold, Mr. Bingaman, Mr. 
Cardin, and Ms. Snowe) submitted an amendment intended to be proposed 
to amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. 
Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 64, line 5, insert before the period the following: 
     ``: Provided further, That $8,000,000 of the amounts 
     appropriated under this heading shall be made available to 
     carry out dental workforce programs under section 340G of the 
     Public Health Service Act (42 U.S.C. 256g)''.
                                 ______
                                 
  SA 3375. Mr. ALEXANDER (for himself, Mr. Bingaman) submitted an 
amendment intended to be proposed to amendment SA 3325 proposed by Mr. 
Harkin (for himself and Mr. Specter) to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; as follows:

       At the end of title III, insert the following:
       Sec. __. (a)  In addition to amounts otherwise appropriated 
     under this Act, there are appropriated, out of any money in 
     the Treasury not otherwise appropriated--
       (1) $6,000,000 to carry out the programs for baccalaureate 
     degrees in science, technology, engineering, mathematics, or 
     critical foreign languages, with concurrent teacher 
     certification under section 6113 of the America COMPETES Act 
     (Public Law 110-69); and
       (2) $4,000,000 to carry out the programs for master's 
     degrees in science, technology, engineering, and mathematics, 
     or critical foreign language education under section 6114 of 
     the America COMPETES Act (Public Law 110-69).
       (b) Notwithstanding any other provision of this Act, 
     amounts made available under this Act for the administration 
     and related expenses for the departmental management of the 
     Department of Education, shall be reduced by $10,000,000.
                                 ______
                                 
  SA 3376. Mr. SMITH submitted an amendment intended to be proposed to 
amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. Specter) 
to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. (a)  Notwithstanding any other provision of this 
     Act, there shall be made available under this Act a total of 
     $7,500,000 for the National Violent Death Reporting System 
     within the Centers for Disease Control and Prevention.
        (b) Notwithstanding any other provision of this Act, not 
     to exceed $7,500,000 in prior fiscal year unobligated 
     balances shall be transferred, on a pro rata basis, to the 
     Secretary of Health and Human Services to carry out 
     subsection (a).
                                 ______
                                 
  SA 3377. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. 
Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 79, between lines 4 and 5, insert the following:
       Sec. __.  In addition to other amounts appropriated in this 
     title to carry out title VII

[[Page S13106]]

     of the Public Health Service Act, $2,000,000 shall be made 
     available to carry out allied health professional programs 
     under section 755 of such title VII, other than the 
     Chiropractic-Medical School Demonstration Grant program, 
     Graduate Psychology training programs, and podiatric 
     physicians programs.
       On page 62, line 9, strike ``$399,386,000'' and insert 
     ``$397,386,000''.
                                 ______
                                 
  SA 3378. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 28, line 10, insert before the period the 
     following: ``: Provided, That $3,000,000 shall be transferred 
     from amounts made available in this title for salaries and 
     expenses of the Department of Labor, to carry out Federal 
     management activities relating to veterans employment and 
     training''.
                                 ______
                                 
  SA 3379. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 2, line 15, insert ``(increased by $25,000,000)'' 
     before ``, plus''.
       On page 3, line 15, insert ``(increased by $25,000,000)'' 
     before ``as follows:''.
       On page 3, line 16, insert ``(increased by $25,000,000)'' 
     before ``for the''.
       On page 3, line 21, insert ``(increased by $25,000,000)'' 
     before ``shall be''.
       On page 3, line 24, insert ``(increased by $25,000,000)'' 
     before ``may be''.
       On page 104, line 8, insert ``(decreased by $25,000,000)'' 
     before the colon.
                                 ______
                                 
  SA 3380. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 58, line 7, strike ``$9,213,332,000, of which'' and 
     insert ``$9,213,839,000, of which $50,000,000 shall be to 
     carry out the provisions of section 439 of the Social 
     Security Act (provided, notwithstanding any other provision 
     of this Act, amounts made available under this Act for the 
     administration and related expenses for the departmental 
     management of the Department of Labor, the Department of 
     Health and Human Services, and the Department of Education, 
     shall be reduced, on a pro rata basis, by $507,000), and''.
                                 ______
                                 
  SA 3381. Mr. CORNYN (for himself, Mr. Voinovich, and Mr. Chambliss) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3043, making appropriations for the Departments of Labor, Health and 
Human Services, and Education, and related agencies for the fiscal year 
ending September 30, 2008, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

      TITLE ___--UNITED STATES AUTHORIZATION AND SUNSET COMMISSION

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``United States 
     Authorization and Sunset Commission Act of 2007''.

     SEC. __2. DEFINITIONS.

       In this title--
       (1) the term ``agency'' means an Executive agency as 
     defined under section 105 of title 5, United States Code;
       (2) the term ``Commission'' means the United States 
     Authorization and Sunset Commission established under section 
     __3; and
       (3) the term ``Commission Schedule and Review bill'' means 
     the proposed legislation submitted to Congress under section 
     __4(b).

     SEC. __3. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the United States 
     Authorization and Sunset Commission.
       (b) Composition.--The Commission shall be composed of eight 
     members (in this title referred to as the ``members''), as 
     follows:
       (1) Four members appointed by the majority leader of the 
     Senate, one of whom may include the majority leader of the 
     Senate, with minority members appointed with the consent of 
     the minority leader of the Senate.
       (2) Four members appointed by the Speaker of the House of 
     Representatives, one of whom may include the Speaker of the 
     House of Representatives, with minority members appointed 
     with the consent of the minority leader of the House of 
     Representatives.
       (3) The Director of the Congressional Budget Office and the 
     Comptroller of the Government Accountability Office shall be 
     non-voting ex officio members of the Commission.
       (c) Qualifications of Members.--
       (1) In general.--
       (A) Senate members.--Of the members appointed under 
     subsection (b)(1), four shall be members of the Senate (not 
     more than two of whom may be of the same political party).
       (B) House of representative members.--Of the members 
     appointed under subsection (b)(2), four shall be members of 
     the House of Representatives, not more than two of whom may 
     be of the same political party.
       (2) Continuation of membership.--
       (A) In general.--If a member was appointed to the 
     Commission as a Member of Congress and the member ceases to 
     be a Member of Congress, that member shall cease to be a 
     member of the Commission.
       (B) Actions of commission unaffected.--Any action of the 
     Commission shall not be affected as a result of a member 
     becoming ineligible under subparagraph (A).
       (d) Initial Appointments.--Not later than 90 days after the 
     date of enactment of this Act, all initial appointments to 
     the Commission shall be made.
       (e) Chairperson; Vice Chairperson.--
       (1) Initial chairperson.--An individual shall be designated 
     by the Speaker of the House of Representatives from among the 
     members initially appointed under subsection (b)(2) to serve 
     as chairperson of the Commission for a period of 2 years.
       (2) Initial vice chairperson.--An individual shall be 
     designated by the majority leader of the Senate from among 
     the individuals initially appointed under subsection (b)(1) 
     to serve as vice-chairperson of the Commission for a period 
     of 2 years.
       (3) Alternate appointments of chairmen and vice chairmen.--
     Following the termination of the 2-year period described 
     under paragraphs (1) and (2), the Speaker and the majority 
     leader of the Senate shall alternate every 2 years in 
     appointing the chairperson and vice-chairperson of the 
     Commission.
       (f) Terms of Members.--
       (1) Members of congress.--Each member appointed to the 
     Commission shall serve for a term of 6 years, except that, of 
     the members first appointed under paragraphs (1) and (2) of 
     subsection (b), two members shall be appointed to serve a 
     term of 3 years.
       (2) Term limit.--A member of the Commission who serves more 
     than 3 years of a term may not be appointed to another term 
     as a member.
       (g) Initial Meeting.--If, after 90 days after the date of 
     enactment of this Act, five or more members of the Commission 
     have been appointed--
       (1) members who have been appointed may--
       (A) meet; and
       (B) select a chairperson from among the members (if a 
     chairperson has not been appointed) who may serve as 
     chairperson until the appointment of a chairperson; and
       (2) the chairperson shall have the authority to begin the 
     operations of the Commission, including the hiring of staff.
       (h) Meeting; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairperson or a 
     majority of its members. Any vacancy in the Commission shall 
     not affect its powers, but shall be filled in the same manner 
     in which the original appointment was made.
       (i) Powers of the Commission.--
       (1) In general.--
       (A) Hearings, testimony, and evidence.--The Commission may, 
     for the purpose of carrying out the provisions of this 
     title--
       (i) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (ii) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, and documents, 
     that the Commission or such designated subcommittee or 
     designated member may determine advisable.
       (B) Subpoenas.--Subpoenas issued under subparagraph (A)(ii) 
     may be issued to require attendance and testimony of 
     witnesses and the production of evidence relating to any 
     matter under investigation by the Commission.
       (C) Enforcement.--The provisions of sections 102 through 
     104 of the Revised Statutes of the United States (2 U.S.C. 
     192 through 194) shall apply in the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this paragraph.
       (2) Contracting.--The Commission may contract with and 
     compensate government and private agencies or persons for 
     services without regard to section 3709 of the Revised 
     Statutes (41 U.S.C. 5) to enable the Commission to discharge 
     its duties under this title.
       (3) Information from federal agencies.--The Commission is 
     authorized to secure directly from any executive department, 
     bureau, agency, board, commission, office, independent 
     establishment, or instrumentality of the Government, 
     information, suggestions, estimates, and statistics for the 
     purposes of this section. Each such department, bureau, 
     agency, board, commission, office, establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by 
     the chairperson.
       (4) Support services.--
       (A) Government accountability office.--The Government 
     Accountability Office is authorized on a reimbursable basis 
     to provide

[[Page S13107]]

     the Commission with administrative services, facilities, 
     staff, and other support services for the performance of the 
     functions of the Commission.
       (B) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     nonreimbursable basis such administrative support services as 
     the Commission may request.
       (C) Agencies.--In addition to the assistance under 
     subparagraphs (A) and (B), departments and agencies of the 
     United States are authorized to provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as the Commission may determine advisable as may be 
     authorized by law.
       (5) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (6) Immunity.--The Commission is an agency of the United 
     States for purposes of part V of title 18, United States Code 
     (relating to immunity of witnesses).
       (7) Director and staff of the commission.--
       (A) Director.--The chairperson of the Commission may 
     appoint a staff director and such other personnel as may be 
     necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable to a person occupying a position 
     at level II of the Executive Schedule. Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement from the Commission, and such detailee shall 
     retain the rights, status, and privileges of his or her 
     regular employment without interruption.
       (B) Personnel as federal employees.--
       (i) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (ii) Members of commission.--Clause (i) shall not be 
     construed to apply to members of the Commission.
       (C) Procurement of temporary and intermittent services.--
     With the approval of the majority of the Commission, the 
     chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (8) Compensation and travel expenses.--
       (A) Compensation.--Members shall not be paid by reason of 
     their service as members.
       (B) Travel expenses.--Each member of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703(b) of 
     title 5, United States Code.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary for the purposes of 
     carrying out the duties of the Commission.
       (k) Termination.--The Commission shall terminate on 
     December 31, 2037.

     SEC. __4. DUTIES AND RECOMMENDATIONS OF THE UNITED STATES 
                   AUTHORIZATION AND SUNSET COMMISSION.

       (a) Schedule and Review.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act and at least once every 10 years 
     thereafter, the Commission shall submit to Congress a 
     legislative proposal that includes the schedule of review and 
     abolishment of agencies and programs (in this section 
     referred to as the ``Commission Schedule and Review bill'').
       (2) Schedule.--The schedule of the Commission shall provide 
     a timeline for the Commission's review and proposed 
     abolishment of--
       (A) at least 25 percent of unauthorized agencies or 
     programs as measured in dollars, including those identified 
     by the Congressional Budget Office under section 202(e)(3) of 
     the Congressional Budget and Impoundment Control Act of 1974 
     (2 U.S.C. 602(e)(3)); and
       (B) if applicable, at least 25 percent of the programs as 
     measured in dollars identified by the Office of Management 
     and Budget through its Program Assessment Rating Tool program 
     or other similar review program established by the Office of 
     Management and Budget as ineffective or results not 
     demonstrated.
       (3) Review of agencies.--In determining the schedule for 
     review and abolishment of agencies under paragraph (1), the 
     Commission shall provide that any agency that performs 
     similar or related functions be reviewed concurrently.
       (4) Criteria and review.--The Commission shall review each 
     agency and program identified under paragraph (1) in 
     accordance with the following criteria as applicable:
       (A) The effectiveness and the efficiency of the program or 
     agency.
       (B) The achievement of performance goals (as defined under 
     section 1115(g)(4) of title 31, United States Code).
       (C) The management of the financial and personnel issues of 
     the program or agency.
       (D) Whether the program or agency has fulfilled the 
     legislative intent surrounding its creation, taking into 
     account any change in legislative intent during the existence 
     of the program or agency.
       (E) Ways the agency or program could be less burdensome but 
     still efficient in protecting the public.
       (F) Whether reorganization, consolidation, abolishment, 
     expansion, or transfer of agencies or programs would better 
     enable the Federal Government to accomplish its missions and 
     goals.
       (G) The promptness and effectiveness of an agency in 
     handling complaints and requests made under section 552 of 
     title 5, United States Code (commonly referred to as the 
     Freedom of Information Act).
       (H) The extent that the agency encourages and uses public 
     participation when making rules and decisions.
       (I) The record of the agency in complying with requirements 
     for equal employment opportunity, the rights and privacy of 
     individuals, and purchasing products from historically 
     underutilized businesses.
       (J) The extent to which the program or agency duplicates or 
     conflicts with other Federal agencies, State or local 
     government, or the private sector and if consolidation or 
     streamlining into a single agency or program is feasible.
       (b) Schedule and Abolishment of Agencies and Programs.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act and at least once every 10 years 
     thereafter, the Commission shall submit to the Congress a 
     Commission Schedule and Review bill that--
       (A) includes a schedule for review of agencies and 
     programs; and
       (B) abolishes any agency or program 2 years after the date 
     the Commission completes its review of the agency or program, 
     unless the agency or program is reauthorized by Congress.
       (2) Expedited congressional consideration procedures.--In 
     reviewing the Commission Schedule and Review bill, Congress 
     shall follow the expedited procedures under section __6.
       (c) Recommendations and Legislative Proposals.--
       (1) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall submit to 
     Congress and the President--
       (A) a report that reviews and analyzes according to the 
     criteria established under subsection (a)(4) for each agency 
     and program to be reviewed in the year in which the report is 
     submitted under the schedule submitted to Congress under 
     subsection (a)(1);
       (B) a proposal, if appropriate, to reauthorize, reorganize, 
     consolidate, expand, or transfer the Federal programs and 
     agencies to be reviewed in the year in which the report is 
     submitted under the schedule submitted to Congress under 
     subsection (a)(1); and
       (C) legislative provisions necessary to implement the 
     Commission's proposal and recommendations.
       (2) Additional reports.--The Commission shall submit to 
     Congress and the President additional reports as prescribed 
     under paragraph (1) on or before June 30 of every other year.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to limit the power of the Commission to review any 
     Federal program or agency.
       (e) Approval of Reports.--The Commission Schedule and 
     Review bill and all other legislative proposals and reports 
     submitted under this section shall require the approval of 
     not less than five members of the Commission.

     SEC. __5. EXPEDITED CONSIDERATION OF COMMISSION 
                   RECOMMENDATIONS.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--If any legislative proposal with 
     provisions is submitted to Congress under section __4(c), a 
     bill with that proposal and provisions shall be introduced in 
     the Senate by the majority leader, and in the House of 
     Representatives, by the Speaker. Upon introduction, the bill 
     shall be referred to the appropriate committees of Congress 
     under paragraph (2). If the bill is not introduced in 
     accordance with the preceding sentence, then any Member of 
     Congress may introduce that bill in their respective House of 
     Congress beginning on the date that is the 5th calendar day 
     that such House is in session following the date of the 
     submission of such proposal with provisions.
       (2) Committee consideration.--
       (A) Referral.--A bill introduced under paragraph (1) shall 
     be referred to any appropriate committee of jurisdiction in 
     the Senate, any appropriate committee of jurisdiction in the 
     House of Representatives, the Committee on the Budget and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and the Committee on the Budget and the Committee 
     on Homeland Security and Governmental Affairs of the House of 
     Representatives.
       (B) Reporting.--Not later than 30 calendar days after the 
     introduction of the bill, each committee of Congress to which 
     the bill was referred shall report the bill or a committee 
     amendment thereto.
       (C) Discharge of committee.--If a committee to which is 
     referred a bill has not reported such bill at the end of 30 
     calendar days after its introduction or at the end of the 
     first day after there has been reported to the House involved 
     a bill, whichever is earlier, such committee shall be deemed 
     to be

[[Page S13108]]

     discharged from further consideration of such bill, and such 
     bill shall be placed on the appropriate calendar of the House 
     involved.
       (b) Expedited Procedure.--
       (1) Consideration.--
       (A) In general.--Not later than 5 calendar days after the 
     date on which a committee has been discharged from 
     consideration of a bill, the majority leader of the Senate, 
     or the majority leader's designee, or the Speaker of the 
     House of Representatives, or the Speaker's designee, shall 
     move to proceed to the consideration of the committee 
     amendment to the bill, and if there is no such amendment, to 
     the bill. It shall also be in order for any member of the 
     Senate or the House of Representatives, respectively, to move 
     to proceed to the consideration of the bill at any time after 
     the conclusion of such 5-day period.
       (B) Motion to proceed.--A motion to proceed to the 
     consideration of a bill is highly privileged in the House of 
     Representatives and is privileged in the Senate and is not 
     debatable. The motion is not subject to amendment, to a 
     motion to postpone consideration of the bill, or to a motion 
     to proceed to the consideration of other business. A motion 
     to reconsider the vote by which the motion to proceed is 
     agreed to or not agreed to shall not be in order. If the 
     motion to proceed is agreed to, the Senate or the House of 
     Representatives, as the case may be, shall immediately 
     proceed to consideration of the bill without intervening 
     motion, order, or other business, and the bill shall remain 
     the unfinished business of the Senate or the House of 
     Representatives, as the case may be, until disposed of.
       (C) Limited debate.--Debate on the bill and all amendments 
     thereto and on all debatable motions and appeals in 
     connection therewith shall be limited to not more than 50 
     hours, which shall be divided equally between those favoring 
     and those opposing the bill. A motion further to limit debate 
     on the bill is in order and is not debatable. All time used 
     for consideration of the bill, including time used for quorum 
     calls (except quorum calls immediately preceding a vote) and 
     voting, shall come from the 50 hours of debate.
       (D) Amendments.--No amendment that is not germane to the 
     provisions of the bill shall be in order in the Senate. In 
     the Senate, an amendment, any amendment to an amendment, or 
     any debatable motion or appeal is debatable for not to exceed 
     1 hour to be divided equally between those favoring and those 
     opposing the amendment, motion, or appeal.
       (E) Vote on passage.--Immediately following the conclusion 
     of the debate on the bill, and the disposition of any pending 
     amendments under subparagraph (D), the vote on passage of the 
     bill shall occur.
       (F) Other motions not in order.--A motion to postpone 
     consideration of the bill, a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     bill is not in order. A motion to reconsider the vote by 
     which the bill is agreed to or not agreed to is not in order.
       (2) Consideration by other house.--If, before the passage 
     by one House of the bill that was introduced in such House, 
     such House receives from the other House a bill as passed by 
     such other House--
       (A) the bill of the other House shall not be referred to a 
     committee and may only be considered for passage in the House 
     that receives it under subparagraph (C);
       (B) the procedure in the House in receipt of the bill of 
     the other House, with respect to the bill that was introduced 
     in the House in receipt of the bill of the other House, shall 
     be the same as if no bill had been received from the other 
     House; and
       (C) notwithstanding subparagraph (B), the vote on passage 
     shall be on the bill of the other House.

     Upon disposition of a bill that is received by one House from 
     the other House, it shall no longer be in order to consider 
     the bill that was introduced in the receiving House.
       (3) Consideration in conference.--
       (A) Convening of conference.--Immediately upon passage of a 
     bill that results in a disagreement between the two Houses of 
     Congress with respect to a bill, conferees shall be appointed 
     and a conference convened.
       (B) Action on conference reports in the senate.--
       (i) Motion to proceed.--The motion to proceed to 
     consideration in the Senate of the conference report on a 
     bill may be made even though a previous motion to the same 
     effect has been disagreed to.
       (ii) Debate.--Consideration in the Senate of the conference 
     report (including a message between Houses) on a bill, and 
     all amendments in disagreement, including all amendments 
     thereto, and debatable motions and appeals in connection 
     therewith, shall be limited to 20 hours, equally divided and 
     controlled by the majority leader and the minority leader or 
     their designees. Debate on any debatable motion or appeal 
     related to the conference report (or a message between 
     Houses) shall be limited to 1 hour, to be equally divided 
     between, and controlled by, the mover and the manager of the 
     conference report (or a message between Houses).
       (iii) Conference report defeated.--Should the conference 
     report be defeated, debate on any request for a new 
     conference and the appointment of conferrees shall be limited 
     to 1 hour, to be equally divided between, and controlled by, 
     the manager of the conference report and the minority leader 
     or the minority leader's designee, and should any motion be 
     made to instruct the conferees before the conferees are 
     named, debate on such motion shall be limited to \1/2\ hour, 
     to be equally divided between, and controlled by, the mover 
     and the manager of the conference report. Debate on any 
     amendment to any such instructions shall be limited to 20 
     minutes, to be equally divided between and controlled by the 
     mover and the manager of the conference report. In all cases 
     when the manager of the conference report is in favor of any 
     motion, appeal, or amendment, the time in opposition shall be 
     under the control of the minority leader or the minority 
     leader's designee.
       (iv) Amendments in disagreement.--In any case in which 
     there are amendments in disagreement, time on each amendment 
     shall be limited to 30 minutes, to be equally divided 
     between, and controlled by, the manager of the conference 
     report and the minority leader or the minority leader's 
     designee. No amendment that is not germane to the provisions 
     of such amendments shall be received.
       (v) Limitation on motion to recommit.--A motion to recommit 
     the conference report is not in order.
       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a bill, and it supersedes other 
     rules only to the extent that it is inconsistent with such 
     rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. __6. EXPEDITED CONSIDERATION OF COMMISSION SCHEDULE AND 
                   REVIEW BILL.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--The Commission Schedule and Review bill 
     submitted under section __4(b) shall be introduced in the 
     Senate by the majority leader, or the majority leader's 
     designee, and in the House of Representatives, by the 
     Speaker, or the Speaker's designee. Upon such introduction, 
     the Commission Schedule and Review bill shall be referred to 
     the appropriate committees of Congress under paragraph (2). 
     If the Commission Schedule and Review bill is not introduced 
     in accordance with the preceding sentence, then any member of 
     Congress may introduce the Commission Schedule and Review 
     bill in their respective House of Congress beginning on the 
     date that is the 5th calendar day that such House is in 
     session following the date of the submission of such 
     aggregate legislative language provisions.
       (2) Committee consideration.--
       (A) Referral.--A Commission Schedule and Review bill 
     introduced under paragraph (1) shall be referred to any 
     appropriate committee of jurisdiction in the Senate, any 
     appropriate committee of jurisdiction in the House of 
     Representatives, the Committee on the Budget and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on the Budget and the Committee 
     on Oversight and Government Reform of the House of 
     Representatives. A committee to which a Commission Schedule 
     and Review bill is referred under this paragraph may review 
     and comment on such bill, may report such bill to the 
     respective House, and may not amend such bill.
       (B) Reporting.--Not later than 30 calendar days after the 
     introduction of the Commission Schedule and Review bill, each 
     Committee of Congress to which the Commission Schedule and 
     Review bill was referred shall report the bill.
       (C) Discharge of committee.--If a committee to which is 
     referred a Commission Schedule and Review bill has not 
     reported such Commission Schedule and Review bill at the end 
     of 30 calendar days after its introduction or at the end of 
     the first day after there has been reported to the House 
     involved a Commission Schedule and Review bill, whichever is 
     earlier, such committee shall be deemed to be discharged from 
     further consideration of such Commission Schedule and Review 
     bill, and such Commission Schedule and Review bill shall be 
     placed on the appropriate calendar of the House involved.
       (b) Expedited Procedure.--
       (1) Consideration.--
       (A) In general.--Not later than 5 calendar days after the 
     date on which a committee has been discharged from 
     consideration of a Commission Schedule and Review bill, the 
     majority leader of the Senate, or the majority leader's 
     designee, or the Speaker of the House of Representatives, or 
     the Speaker's designee, shall move to proceed to the 
     consideration of the Commission Schedule and Review bill. It 
     shall also be in order for any member of the Senate or the 
     House of Representatives, respectively, to move to proceed to 
     the consideration of the Commission Schedule and Review bill 
     at any time after the conclusion of such 5-day period.
       (B) Motion to proceed.--A motion to proceed to the 
     consideration of a Commission Schedule and Review bill is 
     highly privileged in the House of Representatives and is 
     privileged in the Senate and is not debatable. The motion is 
     not subject to amendment, to a

[[Page S13109]]

     motion to postpone consideration of the Commission Schedule 
     and Review bill, or to a motion to proceed to the 
     consideration of other business. A motion to reconsider the 
     vote by which the motion to proceed is agreed to or not 
     agreed to shall not be in order. If the motion to proceed is 
     agreed to, the Senate or the House of Representatives, as the 
     case may be, shall immediately proceed to consideration of 
     the Commission Schedule and Review bill without intervening 
     motion, order, or other business, and the Commission Schedule 
     and Review bill shall remain the unfinished business of the 
     Senate or the House of Representatives, as the case may be, 
     until disposed of.
       (C) Limited debate.--Debate on the Commission Schedule and 
     Review bill and on all debatable motions and appeals in 
     connection therewith shall be limited to not more than 10 
     hours, which shall be divided equally between those favoring 
     and those opposing the Commission Schedule and Review bill. A 
     motion further to limit debate on the Commission Schedule and 
     Review bill is in order and is not debatable. All time used 
     for consideration of the Commission Schedule and Review bill, 
     including time used for quorum calls (except quorum calls 
     immediately preceding a vote) and voting, shall come from the 
     10 hours of debate.
       (D) Amendments.--No amendment to the Commission Schedule 
     and Review bill shall be in order in the Senate and the House 
     of Representatives.
       (E) Vote on passage.--Immediately following the conclusion 
     of the debate on the Commission Schedule and Review bill, the 
     vote on passage of the Commission Schedule and Review bill 
     shall occur.
       (F) Other motions not in order.--A motion to postpone 
     consideration of the Commission Schedule and Review bill, a 
     motion to proceed to the consideration of other business, or 
     a motion to recommit the Commission Schedule and Review bill 
     is not in order. A motion to reconsider the vote by which the 
     Commission Schedule and Review bill is agreed to or not 
     agreed to is not in order.
       (2) Consideration by other house.--If, before the passage 
     by one House of the Commission Schedule and Review bill that 
     was introduced in such House, such House receives from the 
     other House a Commission Schedule and Review bill as passed 
     by such other House--
       (A) the Commission Schedule and Review bill of the other 
     House shall not be referred to a committee and may only be 
     considered for passage in the House that receives it under 
     subparagraph (C);
       (B) the procedure in the House in receipt of the Commission 
     Schedule and Review bill of the other House, with respect to 
     the Commission Schedule and Review bill that was introduced 
     in the House in receipt of the Commission Schedule and Review 
     bill of the other House, shall be the same as if no 
     Commission Schedule and Review bill had been received from 
     the other House; and
       (C) notwithstanding subparagraph (B), the vote on passage 
     shall be on the Commission Schedule and Review bill of the 
     other House. Upon disposition of a Commission Schedule and 
     Review bill that is received by one House from the other 
     House, it shall no longer be in order to consider the 
     Commission Schedule and Review bill that was introduced in 
     the receiving House.

       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a Commission Schedule and Review 
     bill, and it supersedes other rules only to the extent that 
     it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.
                                 ______
                                 
  SA 3382. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 42, line 12, insert before the period the 
     following: ``Provided, That a portion of such funds shall be 
     used for the continuation of the frequent hemodialysis 
     clinical trials''.
                                 ______
                                 
  SA 3383. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding subsection (b) of section 1864 of 
     the Social Security Act, or any other provision of law, the 
     Secretary of Health and Human Services may enter into an 
     agreement with a State to carry out survey and certification 
     activities in accordance with such section under which the 
     State voluntarily agrees to bear all or any part of the costs 
     of carrying out such activities.
                                 ______
                                 
  SA 3384. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     the Secretary of Health and Human Services shall use funds 
     appropriated under the heading ``program management'' under 
     the heading ``Centers for Medicare and Medicaid Services'' to 
     enter into a cooperative arrangement with the Comptroller 
     General under which the Comptroller General shall conduct an 
     independent study of the effectiveness and timeliness of the 
     four-tiered system used to determine the frequency and 
     priority for surveying and certifying providers and suppliers 
     participating or desiring to participate in the Medicare or 
     Medicaid program. The study shall include an examination of 
     the impact of such system on health care providers and 
     suppliers that have not previously been surveyed and 
     certified for participation in either such program.
                                 ______
                                 
  SA 3385. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Notwithstanding any other provision of this 
     Act, the Secretary of Health and Human Services shall use 
     funds appropriated under the heading ``program management'' 
     under the heading ``Centers for Medicare and Medicaid 
     Services'' to carry out the activities described in 
     subsections (b) and (c).
       (b) For purposes of subsection (a), the activity described 
     in this subsection is the establishment of a plan for timely 
     completion of the survey and certification process for any 
     new health care facility seeking to participate in the 
     Medicare or Medicaid program that has been pending for at 
     least 90 days after the date on which the request for survey 
     and certification was submitted. Such plan shall give 
     priority to completing any such survey and certification 
     requests that were submitted in fiscal year 2007.
       (c) For purposes of subsection (a), the activity described 
     in this subsection is the establishment of a process for 
     identifying and communicating with new health care facilities 
     that are likely to seek survey and certification for 
     participation in the Medicare or Medicaid program. Such 
     process shall require the Centers for Medicare & Medicaid 
     Services to provide regular and ongoing communication 
     regarding the timing for an initial survey with any owner of 
     such a health care facility during the construction process 
     or as soon as practicable after identification.
                                 ______
                                 
  SA 3386. Mr. DeMint submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 69, line 26, insert before the period the 
     following: ``: Provided further, That the Secretary of Health 
     and Human Services shall have the authority to transfer 
     amounts appropriated under this title for any congressionally 
     directed spending item to the National Institutes of 
     Health''.

                                 ______
                                 
  SA 3387. Mr. DeMint submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 4, strike line 22 and all that follows 
     through line 7 on page 5, and insert the following: 
     ``workers: Provided further, That $3,700,000 shall be for 
     competitive grants, which shall be awarded not later than 30 
     days after the date of enactment of this Act''.
                                 ______
                                 
  SA 3388. Mr. DeMint submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:


[[Page S13110]]


       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated in this Act may be allocated, 
     directed, or otherwise made available to cities that provide 
     safe haven to illegal drug users through the use of illegal 
     drug injection facilities.
                                 ______
                                 
  SA 3389. Mr. DeMint submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Section 301(c)(1) of the National Organ 
     Transplant Act (42 U.S.C. 274e(c)(1)) is amended by adding 
     before the period at the end the following: ``and any human 
     egg, human embryo, and stem cell derived from a human 
     embryo.''.
                                 ______
                                 
  SA 3390. Mrs. McCASKILL (for herself and Mr. Brown) submitted an 
amendment intended to be proposed by her to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ISSUANCE OF STANDARD ON DIACETYL.

       (a) Interim Standard.--
       (1) Rulemaking.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Labor shall 
     promulgate an interim final standard regulating worker 
     exposure to diacetyl. The interim final standard shall 
     apply--
       (A) to all locations in the flavoring manufacturing 
     industry that manufacture, use, handle, or process diacetyl; 
     and
       (B) to all microwave popcorn production and packaging 
     establishments that use diacetyl-containing flavors in the 
     manufacture of microwave popcorn.
       (2) Requirements.--The interim final standard required 
     under subsection (a) shall provide no less protection than 
     the recommendations contained in the NIOSH Alert ``Preventing 
     Lung Disease in Workers Who Use or Make Flavorings'' (NIOSH 
     Publication 2004-110) and include the following:
       (A) Requirements for engineering, work practice controls, 
     and respiratory protection to minimize exposure to diacetyl. 
     Such engineering and work practice controls include closed 
     processes, isolation, local exhaust ventilation, proper 
     pouring techniques, and safe cleaning procedures.
       (B) Requirements for a written exposure control plan that 
     will indicate specific measures the employer will take to 
     minimize employee exposure; and requirements for evaluation 
     of the exposure control plan to determine the effectiveness 
     of control measures at least on a biannual basis and whenever 
     medical surveillance indicates abnormal pulmonary function in 
     employees exposed to diacetyl, or whenever necessary to 
     reflect new or modified processes.
       (C) Requirements for airborne exposure assessments to 
     determine levels of exposure and ensure adequacy of controls
       (D) Requirements for medical surveillance for workers and 
     referral for prompt medical evaluation.
       (E) Requirements for protective equipment and clothing for 
     workers exposed to diacetyl.
       (F) Requirements to provide written safety and health 
     information and training to employees, including hazard 
     communication information, labeling, and training.
       (3) Effective date of interim standard.--The interim final 
     standard shall take effect upon issuance. The interim final 
     standard shall have the legal effect of an occupational 
     safety and health standard, and shall apply until a final 
     standard becomes effective under section 6 of the 
     Occupational Safety and Health Act (29 U.S.C. 655).
       (4) Limitation on application of certain provisions.--
     Federal laws relating to timelines for the promulgation of 
     interim final standards of the type provided for under this 
     subsection shall not apply to the standard promulgated under 
     this subsection.
       (b) Final Standard.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary of Labor shall, 
     pursuant to section 6 of the Occupational Safety and Health 
     Act (29 U.S.C. 655), promulgate a final standard regulating 
     worker exposure to diacetyl. The final standard shall 
     contain, at a minimum, the worker protection provisions in 
     the interim final standard, a short term exposure limit, and 
     a permissible exposure limit that does not exceed the lowest 
     feasible level, and shall apply at a minimum to all 
     facilities where diacetyl is processed or used.
                                 ______
                                 
  SA 3391. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __.  The Secretary of Health and Human Services shall 
     provide, under section 319 of the Public Health Service Act 
     (42 U.S.C. 247d), for a declaration of a public health 
     emergency with respect to Sumter County, Georgia (or to 
     recognize the declaration of public health emergency made by 
     the State of Georgia for such county) in order that the 
     Secretary shall provide, under section 1135(b) of the Social 
     Security Act (42 U.S.C. 1320b-5(b))), for the waiver of the 
     provisions of section 1877 of such Act (42 U.S.C. 1395nn) 
     sufficient to permit the Sumter Regional Hospital in 
     Americus, Georgia, to provide financial support needed to 
     maintain a medical staff and community physicians in the 
     area.
                                 ______
                                 
  SA 3392. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 3043, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Title X of the Public Health Service Act (42 
     U.S.C. 300 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1009. COMPLIANCE WITH STATE REPORTING REQUIREMENTS.

       ``(a) In General.--The Secretary shall not make any funds 
     available under this title to a person unless the person 
     certifies that the person and each associated entity are in 
     compliance with all applicable State requirements for the 
     reporting of child abuse, child molestation, sexual abuse, 
     rape, or incest.
       ``(b) Loss of Eligibility.--If the Secretary determines 
     that a person or any associated entity has failed to comply 
     with any State requirement described in subsection (a), the 
     Secretary shall not make any funds available under this title 
     to such person for a period of 3 years following the date of 
     such failure.
       ``(c) Annual Reports by Recipients of Funds.--Not later 
     than the end of fiscal year 2008, and annually thereafter, 
     each person receiving funds under this title shall submit to 
     the Secretary a report--
       ``(1) certifying that the person and each associated entity 
     remain in compliance with all applicable State requirements 
     for the reporting of child abuse, child molestation, sexual 
     abuse, rape, or incest; and
       ``(2) identifying the number of reports submitted by the 
     person during the preceding 12-month period to comply with 
     such requirements.
       ``(d) Definition.--In this section, the term `associated 
     entity' means an entity that--
       ``(1) controls, is controlled by, or is under common 
     control with the person involved; and
       ``(2) is colocated with such person.''.
       (b) The amendment made by subsection (a) applies with 
     respect to the expenditure or obligation of funds under title 
     X of the Public Health Service Act (42 U.S.C. 300 et seq.) on 
     or after the date that is 6 months after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3393. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 3043, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a)  The Director of the National Cancer Institute 
     shall enter into a contract with an appropriate entity for 
     the conduct of a study to determine the effects of the 
     Trinity Nuclear test in 1945 on the surrounding communities 
     in New Mexico with respect to the following:
       (1) An estimate (expressed as a range) of the expected 
     number of cancers and other radiogenic illnesses (both fatal 
     and nonfatal cases) expected among the individuals in the 
     region of the Trinity Nuclear test site as a result of their 
     exposures to radioactive fallout from open air test.
       (2) With respect to future illnesses, a description the 
     scientific consensus regarding the maximum limit of the 
     latency period for these radiogenic illnesses.
       (3) An estimate (expressed as a range) of the number of 
     such illnesses that would be expected to occur naturally 
     among the affected population.



       (b) Not later than 1 year after the date of enactment of 
     this Act, the Director of the National Cancer Institute shall 
     submit to the appropriate committees of Congress, a report 
     concerning the results of the study conducted under 
     subsection (a).
       (c) The Secretary of Health and Human Services shall 
     transfer $1,000,000 from amounts appropriated under this Act 
     for the administrative functions of the National Institutes 
     of Health to the Director of the National Cancer Institute to 
     carry out this section.
                                 ______
                                 
  SA 3394. Mr. WARNER (for himself and Mrs. Clinton) submitted an

[[Page S13111]]

amendment intended to be proposed by him to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 64, line 5, insert before the period the following: 
     ``Provided further, That $10,000,000 shall be made available, 
     in addition to amounts otherwise available, to implement the 
     Lifespan Respite Care Act''.

                                 ______
                                 
  SA 3395. Mr. HARKIN (for Mr. Reid) proposed an amendment to amendment 
SA 3325 proposed by Mr. Harkin (for himself and Mr. Specter) to the 
bill H.R. 3043, making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2008, and for other purposes; as 
follows:

       At the appropriate place in title II, insert the following:
       Sec. __.  Nothing in this Act shall be construed to effect 
     or otherwise modify provisions of current Federal law with 
     respect to the funding of abortion.
                                 ______
                                 
  SA 3396. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 3043, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. H-1B VISA EMPLOYER FEE.

       (a) In General.--Section 214(c)(9)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by 
     striking ``$1,500'' and inserting ``$3,000''.
       (b) Use of Additional Fee.--Section 286 of such Act (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(w) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted and Talented Students Education Account'. 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account 50 percent 
     of the fees collected under section 214(c)(9)(B).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''.
                                 ______
                                 
  SA 3397. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. (a) Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, acting through the Administrator of the Centers for 
     Medicare & Medicaid Services, shall submit a report to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives on workers' 
     compensation set-asides under the Medicare secondary payer 
     set-aside provisions under title XVIII of the Social Security 
     Act.
       (b) The report described in subsection (a) shall contain 
     the following information:
       (1) The number of workers' compensation set-aside 
     determination requests that have been pending for more than 
     60 days from the date of the initial submission for a 
     workers' compensation set-aside determination.
       (2) The average amount of time taken between the date of 
     the initial submission for a workers' compensation set-aside 
     determination request and the date of the final determination 
     by the Centers for Medicare & Medicaid Services.
       (3) The breakout of conditional payments recovered when 
     workers' compensation is the primary payer separate from the 
     amounts in Workers' Compensation Medicare Set-aside Accounts 
     (in this section referred to as ``WCMSAs'').
       (4) The aggregate amounts allocated in WCMSAs and 
     disbursements from WCMSAs for fiscal year 2005 and fiscal 
     year 2006.
       (5) The number of conditional payment requests pending with 
     regard to WCMSAs after 60 days from the date of the 
     submission of the request.
       (6) The number of WCMSAs that do not receive a 
     determination based on the initial complete submission.
       (7) Any other information determined appropriate by the 
     Congressional Budget Office in order to determine the 
     baseline revenue and expenditures associated with such 
     workers' compensation set-asides.
                                 ______
                                 
  SA 3398. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title I, insert the following:
       Sec. __.  To enable the National Institute for Occupational 
     Safety and Health to carry out the Fire Fighter Fatality 
     Investigation and Prevention Program, $5,000,000, which shall 
     include any other amounts made available under this Act for 
     such Program. Amounts made available under this Act for 
     travel expenses for the Department of Labor, the Department 
     of Health and Human Services, and the Department of Education 
     shall be reduced on a pro rata basis by the percentage 
     necessary to decrease the overall amount of such spending by 
     $2,500,000.
                                 ______
                                 
  SA 3399. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used--
       (1) for the Ombudsman Program of the Centers for Disease 
     Control and Prevention; and
       (2) by the Centers for Disease Control and Prevention to 
     provide additional rotating pastel lights, zero-gravity 
     chairs, or dry-heat saunas for its fitness center.
                                 ______
                                 
  SA 3400. Mr. CARDIN (for himself and Mr. Smith) submitted an 
amendment intended to be proposed by him to the bill H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 126, between lines 7 and 8, insert the following:
       Sec. 521.  Iraqi and Afghan aliens granted special 
     immigrant status under section 101(a)(27) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible 
     for resettlement assistance, entitlement programs, and other 
     benefits available to refugees admitted under section 207 of 
     such Act (8 U.S.C. 1157) for a period not to exceed 6 months.
                                 ______
                                 
  SA 3401. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On the appropriate place, insert the following:
       Sec. __.  It is the sense of the Senate that the Secretary 
     of Health and Human Services should maintain ``deemed 
     status'' coverage under the Medicare program for clinical 
     trials that are federally funded or reviewed, as provided for 
     by the Executive Memorandum of June 2000.
                                 ______
                                 
  SA 3402. Ms. LANDRIEU proposed an amendment to amendment SA 3325 
proposed by Mr. Harkin (for himself and Mr. Specter) to the bill H.R. 
3043, making appropriations for the Departments of Labor, Health and 
Human Services, and Education, and related agencies for the fiscal year 
ending September 30, 2008, and for other purposes; as follows:

       On page 49: line 1: strike the colon and insert
       ``Provided further, that, of the funds provided to the 
     Child Trauma Stress Network Initiative, priority shall be 
     given to those centers, that previously received grants, that 
     provide mental health services to children affected by 
     Hurricane Katrina and/or Rita.''
                                 ______
                                 
  SA 3403. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT.

       (a) In General.--Section 3621(14) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C.

[[Page S13112]]

     7384l(14)) is amended by adding at the end the following new 
     subparagraph:
       ``(D) The employee was so employed for a number of work 
     days aggregating at least 250 work days before January 1, 
     2006, by the Department of Energy or a Department of Energy 
     contractor or subcontractor at the Santa Susana Field 
     Laboratory in California.''.
       (b) Reapplication.--A claim that an individual qualifies, 
     by reason of section 3621(14)(D) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (as 
     added by subsection (a) of this Act), for compensation or 
     benefits under such Act shall be considered for compensation 
     or benefits notwithstanding any denial of any other claim for 
     compensation with respect to such individual.

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