[Congressional Record Volume 153, Number 172 (Wednesday, November 7, 2007)]
[Senate]
[Pages S14068-S14095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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

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

[[Page S14069]]

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

     ``The term `renewable diesel' also means fuel derived from 
     biomass (as defined in section 45K(c)(3)) using a thermal 
     depolymerization process which meets the requirements of a 
     Department of Defense specification for military jet fuel or 
     an American Society of Testing and Materials specification 
     for aviation turbine fuel.''.
                                 ______
                                 
  SA 3545. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       Section 9001(3)(B) of the Farm Security and Rural 
     Investment Act of 2002 (as amended by section 9001) is 
     amended by striking clause (iii) and inserting the following:
       ``(iii) biofuel derived from waste material, including crop 
     residue, other vegetative waste material, animal waste and 
     byproducts (including fats, oils, greases, and manure), food 
     waste, and yard waste;
                                 ______
                                 
  SA 3546. Mr. ROBERTS (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 10101. DEFINITIONS.

       Section 3 of the Agricultural Fair Practices Act of 1967 (7 
     U.S.C. 2302) is amended--
       (1) by striking ``When used in this Act--'' and inserting 
     ``In this Act:'';
       (2) in subsection (a)--
       (A) by redesignating paragraphs (1) through (4) as clauses 
     (i) through (iv), respectively; and
       (B) in clause (iv) (as so redesignated), by striking 
     ``clause (1), (2), or (3) of this paragraph'' and inserting 
     ``clause (i), (ii), or (iii)'';
       (3) by striking subsection (d);
       (4) by redesignating subsections (a), (b), (c), and (e) as 
     paragraphs (3), (4), (2), (1), respectively, indenting 
     appropriately, and moving those paragraphs so as to appear in 
     numerical order;
       (5) in each paragraph (as so redesignated) that does not 
     have a heading, by inserting a heading, in the same style as 
     the heading in the amendment made by paragraph (6), the text 
     of which is comprised of the term defined in the paragraph;
       (6) in paragraph (2) (as so redesignated)--
       (A) by striking ``The term `association of producers' 
     means'' and inserting the following:
       ``(2) Association of producers.--
       ``(A) In general.--The term `association of producers' 
     means''; and
       (B) by adding at the end the following:
       ``(B) Inclusion.--The term `association of producers' 
     includes an organization of agricultural producers dedicated 
     to promoting the common interest and general welfare of 
     producers of agricultural products.'';
       (7) in paragraph (3) (as so redesignated)--
       (A) by striking ``The term'' and inserting the following:
       ``(3) Handler.--
       ``(A) In general.--The term''; and
       (B) by inserting after clause (iv) of subparagraph (A) (as 
     redesignated by subparagraph (A) and paragraph (2)) the 
     following:
       ``(B) Exclusion.--The term `handler' does not include--
       ``(i) a producer; or
       ``(ii) a person, other than a packer (as defined in section 
     201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)), 
     that provides custom feeding services for a producer.''; and
       (8) by adding at the end the following:
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.''.
                                 ______
                                 
  SA 3547. Mr. ROBERTS (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike sections 10103 and 10104 and insert the following:

     SEC. 10103. ENFORCEMENT.

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

     ``SEC. 5. ENFORCEMENT.

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

     SEC. 10104. RULES AND REGULATIONS.

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

     ``SEC. 6. RULES AND REGULATIONS.

       ``The Secretary may promulgate such rules and regulations 
     as are necessary to carry out this Act, including rules or 
     regulations necessary to clarify what constitutes fair and 
     normal dealing for purposes of the selection of customers by 
     handlers.''.
                                 ______
                                 
  SA 3548. Mr. ROBERTS (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike subparagraph (A) of section 2(a)(14) of the Packers 
     and Stockyards Act, 1921 (as amended by section 10203), and 
     insert the following:
       ``(A) In general.--The term `production contract' means a 
     written agreement that--
       ``(i)(I) provides for the production of livestock or 
     poultry by a contract producer; or
       ``(II) provides for the provision of a management service 
     relating to the production of livestock or poultry by a 
     contract producer; and
       ``(ii) contains an investment requirement.''.
                                 ______
                                 
  SA 3549. Mr. ROBERTS (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

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

[[Page S14070]]

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

       On page 863, strike line 24 and insert the following:
       ``(j) Sense of Congress.--It is the sense of Congress that, 
     in developing and deploying broadband technology, Federal, 
     State, and local officials should, to the maximum extent 
     practicable, minimize any negative impact on the scenic 
     beauty of the United States, including through the use of 
     technology that camouflages, collocates, or conceals 
     broadband towers.
       ``(k) Funding.--
       On page 865, line 12, strike ``(k)'' and insert ``(l)''.
                                 ______
                                 
  SA 3551. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       In section 401(b)(3) of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (as amended by 
     section 7201(a)), redesignate subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively, and insert before 
     subparagraph (B) (as so redesignated) the following:
       ``(A) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall transfer to the Account--
       ``(i) $24,000,000 for fiscal year 2010; and
       ``(ii) $25,000,000 for each of fiscals year 2011 and 2012.
       Strike section 12302.
                                 ______
                                 
  SA 3552. Mr. ALEXANDER (for himself and Mr. Kyl) submitted an 
amendment intended to be proposed by him to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1471, strike lines 10 through 22.
                                 ______
                                 
  SA 3553. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 12301. CREDIT FOR BUSINESS WIND PROPERTY.

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

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

       (c) Qualified Small Wind Energy Property.--Section 48(c) is 
     amended--
       (1) by inserting ``; Qualified Small Wind Energy Property'' 
     after ``Qualified Microturbine Property'' in the heading,
       (2) by striking ``For purposes of this subsection'' and 
     inserting ``For purposes of this section'',
       (3) by striking ``paragraph (1)'' in paragraphs (1)(B) and 
     (2)(B) and inserting ``subsection (a)(1)'', and
       (4) by adding at the end the following new paragraph:
       ``(3) Qualified small wind energy property.--
       ``(A) In general.--The term `qualified small wind energy 
     property' means property which uses a qualifying small wind 
     turbine to generate electricity, installed on or in 
     connection with real property which is--
       ``(i) a farm (within the meaning of section 2032A(e)(4), or
       ``(ii) a small business (within the meaning of section 
     44(b)(1)) located in a rural area (within the meaning of 
     clause (i) or (ii) of section 1400E(a)(2)(B)).
       ``(B) Limitation.--In the case of qualified small wind 
     energy property placed in service during the taxable year, 
     the credit otherwise determined under subsection (a)(1) for 
     such year with respect to such property shall not exceed 
     $4,000 with respect to any taxpayer.
       ``(C) Qualifying small wind turbine.--The term `qualifying 
     small wind turbine' means a wind turbine which--
       ``(i) has a nameplate capacity of not more than 100 
     kilowatts, and
       ``(ii) meets the performance standards of the American Wind 
     Energy Association.
       ``(D) Termination.--The term `qualified small wind energy 
     property' shall not include any property for any period after 
     December 31, 2008.''.
       (d) Conforming Amendment.--Section 48(a)(1) is amended by 
     striking ``paragraphs (1)(B) and (2)(B)'' and inserting 
     ``paragraphs (1)(B), (2)(B), and (3)(B)''.
       (e) Preemption.--Nothing in this section preempts State or 
     local laws regarding the zoning, siting, or permitting of 
     wind turbines.
       (f) Effective Date.--The amendments made by this section 
     shall apply to expenditures after December 31, 2007.
                                 ______
                                 
  SA 3554. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

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

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

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

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

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

[[Page S14071]]

     (1)(B) and (2)(B)'' and inserting ``paragraphs (1)(B), 
     (2)(B), and (3)(B)''.
       (c) Preemption.--Nothing in this section preempts State or 
     local laws regarding the zoning, siting, or permitting of 
     wind turbines.
       (d) Effective Date.--The amendments made by this section 
     shall apply to expenditures after December 31, 2007.
                                 ______
                                 
  SA 3555. Mr. KOHL (for himself and Ms. Snowe) submitted an amendment 
intended to be proposed by him to the bill H.R. 2419, to provide for 
the continuation of agricultural programs through fiscal year 2012, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

                 TITLE XIII--HOUSING ASSISTANCE COUNCIL

     SEC. 13001. SHORT TITLE.

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

     SEC. 13002. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.

       (a) Use.--The Secretary of Housing and Urban Development 
     may provide financial assistance to the Housing Assistance 
     Council for use by such Council to develop the ability and 
     capacity of community-based housing development organizations 
     to undertake community development and affordable housing 
     projects and programs in rural areas. Assistance provided by 
     the Secretary under this section may be used by the Housing 
     Assistance Council for--
       (1) technical assistance, training, support, and advice to 
     develop the business and administrative capabilities of rural 
     community-based housing development organizations;
       (2) loans, grants, or other financial assistance to rural 
     community-based housing development organizations to carry 
     out community development and affordable housing activities 
     for low- and moderate-income families; and
       (3) such other activities as may be determined by the 
     Housing Assistance Council.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for financial assistance under this 
     section for the Housing Assistance Council--
       (1) $10,000,000 for fiscal year 2008; and
       (2) $15,000,000 for each of fiscal years 2009, 2010, 2011, 
     and 2012.
                                 ______
                                 
  SA 3556. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill H.R. 2419, to provide for the continuation 
of agricultural programs through fiscal year 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1014, line 9, insert ``(after taking into 
     consideration recommendations made by the National Academy of 
     Sciences)'' after ``President''.
                                 ______
                                 
  SA 3557. Mrs. HUTCHISON (for herself and Mr. Harkin) proposed an 
amendment to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

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

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

     SEC. 2. STATEMENT OF APPROPRIATIONS.

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

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

                        (including rescissions)

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

[[Page S14072]]

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


            community service employment for older americans

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


              federal unemployment benefits and allowances

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


     State Unemployment Insurance and Employment Service Operations

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

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


        advances to the unemployment trust fund and other funds

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


                         Program Administration

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

               Employee Benefits Security Administration


                         salaries and expenses

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

                  Pension Benefit Guaranty Corporation


               pension benefit guaranty corporation fund

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

                  Employment Standards Administration


                         Salaries and Expenses

                         (including rescission)

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

[[Page S14073]]

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

                            special benefits


                     (including transfer of funds)

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

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


               special benefits for disabled coal miners

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


    Administrative Expenses, Energy Employees Occupational Illness 
                           Compensation Fund

                     (including transfer of funds)

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


                    Black Lung Disability Trust Fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration


                         Salaries and Expenses

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

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

[[Page S14074]]

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

                 Mine Safety and Health Administration


                         Salaries and Expenses

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

                       Bureau of Labor Statistics


                         Salaries and Expenses

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

                 Office of Disability Employment Policy


                         salaries and expenses

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

                        Departmental Management


                         Salaries and Expenses

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


                          Office of Job Corps

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

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


                    veterans employment and training

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


                      Office of Inspector General

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

                           General Provisions

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


                          (transfer of funds)

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

[[Page S14075]]

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

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

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

[[Page S14076]]

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


           Health Education Assistance Loans Program Account

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


             Vaccine Injury Compensation Program Trust Fund

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

               Centers for Disease Control and Prevention


                Disease Control, Research, and Training

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

                     National Institutes of Health


                       National Cancer Institute

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


               National Heart, Lung, and Blood Institute

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


         National Institute of Dental and Craniofacial Research

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


    National Institute of Diabetes and Digestive and Kidney Diseases

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


        National Institute of Neurological Disorders and Stroke

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


         National Institute of Allergy and Infectious Diseases

                     (including transfer of funds)

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


             National Institute of General Medical Sciences

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


        National Institute of Child Health and Human Development

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


                         National Eye Institute

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


          National Institute of Environmental Health Sciences

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


                      National Institute on Aging

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


 National Institute of Arthritis and Musculoskeletal and Skin Diseases

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

[[Page S14077]]

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


    National Institute on Deafness and Other Communication Disorders

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


                 National Institute of Nursing Research

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


           National Institute on Alcohol Abuse and Alcoholism

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


                    National Institute on Drug Abuse

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


                  National Institute of Mental Health

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


                National Human Genome Research Institute

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


      National Institute of Biomedical Imaging and Bioengineering

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


                 National Center for Research Resources

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


       National Center for Complementary and Alternative Medicine

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


       National Center on Minority Health and Health Disparities

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


                  john e. fogarty international center

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


                      national library of medicine

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


                         Office of the Director

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


                        Buildings and Facilities

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

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

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

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

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

               Centers for Medicare and Medicaid Services


                     Grants to States for Medicaid

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


                  Payments to Health Care Trust Funds

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


                           Program Management

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

[[Page S14078]]

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


              HEALTH CARE FRAUD ABUSE AND CONTROL ACCOUNT

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

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

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


                   low-income home energy assistance

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


                     Refugee and Entrant Assistance

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


   Payments to States for the Child Care and Development Block Grant

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


                      Social Services Block Grant

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


                Children and Families Services Programs

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

[[Page S14079]]

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


                   Promoting Safe and Stable Families

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


       Payments to States for Foster Care and Adoption Assistance

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

                        Administration on Aging


                        Aging Services Programs

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

                        Office of the Secretary


                    General Departmental Management

                     (including transfer of funds)

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


                Office of Medicare Hearings and Appeals

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


  Office of the National Coordinator for Health Information Technology

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


                      Office of Inspector General

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


                        Office for Civil Rights

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


     Retirement Pay and Medical Benefits for Commissioned Officers

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


            Public Health and Social Services Emergency Fund

                     (including transfer of funds)

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

                           General Provisions

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

[[Page S14080]]

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


                          (transfer of funds)

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


                          (transfer of funds)

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


                          (transfer of funds)

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

[[Page S14081]]

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


                          (transfer of funds)

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

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

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

                               Impact Aid

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

                      School Improvement Programs

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

[[Page S14082]]

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

                            Indian Education

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

                       Innovation and Improvement

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

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

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

                           Special Education

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

            Rehabilitation Services and Disability Research

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

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

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


               National Technical Institute for the Deaf

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


                          Gallaudet University

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

                 Career, Technical, and Adult Education

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

[[Page S14083]]

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

                      Student Financial Assistance


                         (including rescission)

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

                       Student Aid Administration

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

                            Higher Education

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

                           Howard University

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

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

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

                        Departmental Management


                         Program Administration

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


                        Office for Civil Rights

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


                    Office of the Inspector General

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

                           General Provisions

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


                          (transfer of funds)

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

[[Page S14084]]

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

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         Salaries and Expenses

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

             Corporation for National and Community Service


                           operating expenses

                     (including transfer of funds)

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


                         SALARIES AND EXPENSES

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


                      OFFICE OF INSPECTOR GENERAL

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


                       ADMINISTRATIVE PROVISIONS

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

                  Corporation for Public Broadcasting

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

[[Page S14085]]

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

               Federal Mediation and Conciliation Service


                         Salaries and Expenses

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

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

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

                Institute of Museum and Library Services


    Office of Museum and Library Services: Grants and Administration

       For carrying out the Museum and Library Services Act of 
     1996 and the National Museum of African American History and 
     Culture Act, $277,131,000: Provided, That funds may be made 
     available for support through inter-agency agreement or grant 
     to commemorative Federal commissions that support museum and 
     library activities, in partnership with libraries and museums 
     that are eligible for funding under programs carried out by 
     the Institute of Museum and Library Services.

                  Medicare Payment Advisory Commission


                         salaries and expenses

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

        National Commission on Libraries and Information Science


                         Salaries and Expenses

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

                     National Council on Disability


                         Salaries and Expenses

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

                     National Labor Relations Board


                         Salaries and Expenses

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

                        National Mediation Board


                         salaries and expenses

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

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

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

                       Railroad Retirement Board


                     dual benefits payments account

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


          Federal Payments to the Railroad Retirement Accounts

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


                      Limitation on Administration

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


             Limitation on the Office of Inspector General

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

                     Social Security Administration


                payments to social security trust funds

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


                  Supplemental Security Income Program

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


                 limitation on administrative expenses

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

[[Page S14086]]

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


                      Office of Inspector General

                     (including transfer of funds)

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

                                TITLE V

                           GENERAL PROVISIONS

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

[[Page S14087]]

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

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

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       Sec. 517. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate scientific information that is 
     deliberately false or misleading.
       Sec. 518. Within 45 days of enactment of this Act, each 
     department and related agency funded through this Act shall 
     submit an operating plan that details at the program, 
     project, and activity level any funding allocations for 
     fiscal year 2008 that are different than those specified in 
     this Act, the accompanying detailed table in the committee 
     report, or the fiscal year 2008 budget request.
       Sec. 519. None of the funds made available by this Act may 
     be used to carry out the evaluation of the Upward Bound 
     program described in the absolute priority for Upward Bound 
     Program participant selection and evaluation published by the 
     Department of Education in the Federal Register on September 
     22, 2006 (71 Fed. Reg. 55447 et seq.).
       Sec. 520. None of the funds in this Act may be used to 
     employ workers described in section 274A(h)(3) of the 
     Immigration and Nationality Act.
       Sec. 521. The Secretaries of Labor, Health and Human 
     Services, and Education shall each prepare and submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the number and amount of 
     contracts, grants, and cooperative agreements exceeding 
     $100,000 in value and awarded by the Department on a non-
     competitive basis during each quarter of fiscal year 2008, 
     but not to include grants awarded on a formula basis. Such 
     report shall include the name of the contractor or grantee, 
     the amount of funding, and the governmental purpose. Such 
     report shall be transmitted to the Committees within 30 days 
     after the end of the quarter for which the report is 
     submitted.
       Sec. 522. Not later than 30 days after the date of 
     enactment of this Act, the Departments, agencies, and 
     commissions funded under this Act, shall establish and 
     maintain on the homepages of their Internet websites--
       (1) a direct link to the Internet websites of their Offices 
     of Inspectors General; and
       (2) a mechanism on the Offices of Inspectors General 
     website by which individuals may anonymously report cases of 
     waste, fraud, or abuse with respect to those Departments, 
     agencies, and commissions.
       Sec. 523. None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the three years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.
       Sec. 524. Section 1848(l)(2)(A) of the Social Security Act, 
     as amended by section 6 of the TMA, Abstinence Education, and 
     QI Programs Extension Act of 2007 (Public Law 110-90), is 
     amended by striking ``$1,350,000,000'' and inserting 
     ``$1,200,000,000, but in no case shall expenditures from the 
     Fund in fiscal year 2008 exceed $650,000,000'' in the first 
     sentence.
       Sec. 525. Iraqi and Afghan aliens granted special immigrant 
     status under section 101(a)(27) of the Immigration and 
     Nationality Act shall be eligible for resettlement 
     assistance, entitlement programs, and other benefits 
     available to refugees admitted under section 207 of such Act 
     for a period not to exceed 6 months.
       Sec. 526. None of the funds appropriated by this Act may be 
     used by the Commissioner of Social Security or the Social 
     Security Administration to pay the compensation of employees 
     of the Social Security Administration to administer Social 
     Security benefit payments, under any agreement between the 
     United States and Mexico establishing totalization 
     arrangements between the social security system established 
     by title II of the Social Security Act and the social 
     security system of Mexico, which would not otherwise be 
     payable but for such agreement.
       Sec. 527. None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process claims for credit for quarters of coverage based 
     on work performed under a social security account number that 
     was not the claimant's number which is an offense prohibited 
     under section 208 of the Social Security Act.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2008''.
                                 ______
                                 
  SA 3558. Mr. INOUYE (for himself and Mr. Akaka) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

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

[[Page S14088]]

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

     ``SEC. 9024. FUTURE FARMSTEADS PROGRAM.

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

       On page 213, strike lines 6 and 7 and insert the following:
       ``(3) Exception.--Paragraph (1) does not apply to a payment 
     described in paragraph (2)(B) if the payment is made to an 
     individual or entity in connection with any farming, 
     ranching, or forestry operation carried out in the State of 
     Hawaii.
       ``(4) Income derived from farming, ranching, or forestry 
     operations.--In determining
                                 ______
                                 
  SA 3560. Mr. INOUYE (for himself, Mr. Akaka, Mr. Stevens, and Ms. 
Murkowski) submitted an amendment intended to be proposed to amendment 
SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, 
and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 60__. GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Agricultural commodity.--The term `agricultural 
     commodity' has the meaning given the term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       ``(2) Geographically disadvantaged farmer or rancher.--The 
     term `geographically disadvantaged farmer or rancher' has the 
     meaning given the term in section 10906(a) of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 2204 
     note; Public Law 107-171).
       ``(b) Authorization.--
       ``(1) In general.--Subject to paragraph (2) and the 
     availability of funds under subsection (d), for each fiscal 
     year, the Secretary may provide geographically disadvantaged 
     farmers or ranchers direct reimbursement payments for 
     activities described in subsection (c).
       ``(2) Limitation.--The total amount of direct reimbursement 
     payments provided by the Secretary under this section shall 
     not exceed $15,000,000 for each fiscal year.
       ``(c) Transportation.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary may provide direct reimbursement payments to a 
     geographically disadvantaged farmer or rancher to transport 
     an agricultural commodity, or inputs used to produce an 
     agricultural commodity, during a fiscal year.
       ``(2) Proof of eligibility.--To be eligible to receive 
     assistance under paragraph (1), farmer or rancher shall 
     provide to the Secretary proof (as determined by the 
     Secretary) that transportation or the agricultural commodity 
     or inputs occurred over a distance of more than 30 miles.
       ``(3) Amount.--The amount of direct reimbursement payments 
     made to a geographically disadvantaged farmer or rancher 
     under a subsection for a fiscal year shall equal the product 
     obtained by multiplying--
       ``(A) the amount of costs incurred by the farmer or rancher 
     for transportation of the agricultural commodity or inputs 
     during the fiscal year; and
       ``(B) the percentage of the allowance for that fiscal year 
     made under section 5941 of title 5, United States Code, for 
     Federal employees stationed in Alaska and Hawaii.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on October 1, 2007.
                                 ______
                                 
  SA 3561. Ms. MURKOWSKI (for herself, Mr. Stevens, Ms. Cantwell, Mr. 
Smith, and Mrs. Murray) submitted an amendment intended to be proposed 
by her to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

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

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

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

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

[[Page S14089]]

       (2) received (whether as lump sums or periodic payments) in 
     connection with the civil action In re Exxon Valdez, No. 89-
     095-CV (HRH) (Consolidated) (D. Alaska) (whether pre- or post 
     judgment and whether related to a settlement or judgment).
                                 ______
                                 
  SA 3562. Ms. MURKOWSKI (for herself and Mr. Stevens) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1115, strike line 8 and insert the following:
     improvements and renewable energy systems (including small 
     hydroelectric systems, as determined by the Secretary); and
                                 ______
                                 
  SA 3563. Mr. BINGAMAN (for himself, Mr. Brownback, Mr. Allard, Mr. 
Domenici, Mr. Salazar, and Mr. Johnson) submitted an amendment intended 
to be proposed to amendment SA 3500 proposed by Mr. Harkin (for 
himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 
2419, to provide for the continuation of agricultural programs through 
fiscal year 2012, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike section 2359 and insert the following:

     SEC. 2359. GROUND AND SURFACE WATER CONSERVATION.

       Section 1240I of the Food Security Act of 1985 (16 U.S.C. 
     3839aa-9) is amended by striking subsection (c) and inserting 
     the following:
       ``(c) Funding.--
       ``(1) Availability of funds.--Of the funds of the Commodity 
     Credit Corporation, in addition to amounts made available 
     under section 1241(a) to carry out this chapter, the 
     Secretary shall use $60,000,000 for each of fiscal years 2008 
     through 2012.
       ``(2) Funding for certain states.--Of the funds made 
     available under paragraph (1), the Secretary shall provide to 
     each State the boundaries of which encompass a multistate 
     aquifer from which documented groundwater withdrawals exceed 
     16,000,000,000 gallons per day, for water conservation or 
     irrigation practices, an amount equal to not less than the 
     greater of--
       ``(A) $3,000,000; or
       ``(B) the simple average of amounts allocated to producers 
     in the State under this section for the period of fiscal 
     years 2002 through 2007.''.
                                 ______
                                 
  SA 3564. Mr. BINGAMAN (for himself, Mr. Allard, Mr. Domenici, Mr. 
Salazar, and Mr. Smith) submitted an amendment intended to be proposed 
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 462, line 2, strike ``may'' and insert ``shall''.
       On page 474, strike lines 9 through 25 and insert the 
     following:
       ``(7) Funding.--
       ``(A) Set aside.--
       ``(i) In general.--Of the funds provided for each of fiscal 
     years 2008 through 2012 to carry out the conservation 
     programs in subtitle D (excluding the conservation reserve 
     program, the conservation stewardship program, and the 
     wetlands reserve program), the Secretary shall reserve 10 
     percent for use for activities under this section.
       ``(ii) Conservation stewardship program.--Of the acres 
     allocated for the conservation stewardship program for each 
     of fiscal years 2008 through 2012, the Secretary shall 
     reserve 10 percent for use for activities under this section.
       ``(B) Unused funds.--Any funds reserved for a fiscal year 
     under subparagraph (A) that are not obligated by April 1 of 
     that fiscal year may be used to carry out any other activity 
     under a conservation program under subtitle D during the 
     remainder of that fiscal year.
       ``(C) Overhead and administrative costs ineligible.--No 
     overhead or administrative cost of a partner shall be covered 
     by funds provided pursuant to this paragraph.
       ``(D) Eastern snake plain aquifer pilot project.--
       ``(i) In general.--Notwithstanding subparagraph (B), of 
     amounts available under subparagraph (A), the Secretary shall 
     reserve not less than $2,000,000, to remain available until 
     expended, for regional water conservation activities in the 
     Eastern Snake Aquifer region.
       ``(ii) Approval.--The Secretary may approve regional water 
     conservation activities under this subparagraph that address, 
     in whole or in part, water quality issues.''.
                                 ______
                                 
  SA 3565. Mr. DURBIN (for Mr. Lieberman (for himself and Ms. Collins)) 
proposed an amendment to the bill S. 680, to ensure proper oversight 
and accountability in Federal contracting, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

                     TITLE I--ACQUISITION WORKFORCE

Sec. 101. Federal acquisition workforce.

                TITLE II--COMPETITION AND ACCOUNTABILITY

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

              TITLE III--ACCOUNTABILITY AND ADMINISTRATION

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

     SEC. 3. DEFINITIONS.

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

                     TITLE I--ACQUISITION WORKFORCE

     SEC. 101. FEDERAL ACQUISITION WORKFORCE.

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

[[Page S14090]]

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

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

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

     ``SEC. 44. CONTINGENCY CONTRACTING CORPS.

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

[[Page S14091]]

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

                TITLE II--COMPETITION AND ACCOUNTABILITY

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

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

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

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

     SEC. 203. PROTESTS OF TASK AND DELIVERY ORDERS.

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

[[Page S14092]]

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

     SEC. 204. PUBLICATION OF JUSTIFICATION AND APPROVAL 
                   DOCUMENTS.

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

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

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

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

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

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

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

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

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

     SEC. 209. PREVENTING CONFLICTS OF INTEREST.

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

[[Page S14093]]

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

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

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

              TITLE III--ACCOUNTABILITY AND ADMINISTRATION

     SEC. 301. DEFINITIZING OF LETTER CONTRACTS.

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

     ``SEC. 318. DEFINITIZING OF LETTER CONTRACTS.

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

     ``Sec. 2334. Definitizing of letter contracts

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

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

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

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

[[Page S14094]]

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

     SEC. 303. PURCHASE CARD WASTE ELIMINATION.

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

     SEC. 304. LEAD SYSTEMS INTEGRATORS.

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

     SEC. 305. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

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

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

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

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

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

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

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

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

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

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

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

[[Page S14095]]

     and discussion of the reasons for not implementing such 
     recommendations.

     SEC. 311. REPORT BY THE GOVERNMENT ACCOUNTABILITY OFFICE.

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

     SEC. 312. MAPPING AND SURVEYING SERVICES.

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

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

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

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

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

                          ____________________