[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[Senate]
[Pages 28167-28187]
[From the U.S. Government Publishing Office, www.gpo.gov]




    DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION 
                        APPROPRIATIONS ACT, 2008

  On Tuesday, October 23, 2007, the Senate passed H.R. 3043, as 
amended, as follows:

                               H.R. 3043

       Resolved, That the bill from the House of Representatives 
     (H.R. 3043) entitled ``An Act making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies for the fiscal year ending 
     September 30, 2008, and for other purposes.'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:

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

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

                         (including rescission)

       For necessary expenses of the Workforce Investment Act of 
     1998 (WIA), the Denali Commission Act of 1998, and the Women 
     in Apprenticeship and Non-Traditional Occupations Act of 
     1992, including the purchase and hire of passenger motor 
     vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the WIA; 
     $3,587,138,000, plus reimbursements, is available. Of the 
     amounts provided:
       (1) for grants to States for adult employment and training 
     activities, youth activities, and dislocated worker 
     employment and training activities, $2,994,510,000 as 
     follows:
       (A) $864,199,000 for adult employment and training 
     activities, of which $152,199,000 shall be available for the 
     period July 1, 2008 to June 30, 2009, and of which 
     $712,000,000 shall be available for the period October 1, 
     2008 through June 30, 2009;
       (B) $940,500,000 for youth activities, which shall be 
     available for the period April 1, 2008 through June 30, 2009; 
     and
       (C) $1,189,811,000 for dislocated worker employment and 
     training activities, of which $341,811,000 shall be available 
     for the period July 1, 2008 through June 30, 2009, and of 
     which $848,000,000 shall be available for the period October 
     1, 2008 through June 30, 2009:

     Provided, That notwithstanding the transfer limitation under 
     section 133(b)(4) of the WIA, up to 30 percent of such funds 
     may be transferred by a local board if approved by the 
     Governor:
       (2) for federally administered programs, $481,540,000 as 
     follows:
       (A) $282,092,000 for the dislocated workers assistance 
     national reserve, of which $3,700,000 shall be available on 
     October 1, 2007, of which $66,392,000 shall be available for 
     the period July 1, 2008 through June 30, 2009, and of which 
     $212,000,000 shall be available for the period October 1, 
     2008 through June 30, 2009: Provided, That up to $150,000,000 
     may be made available for Community-Based Job Training Grants 
     from funds reserved under section 132(a)(2)(A) of the WIA and 
     shall be used to carry out such grants under section 171(d) 
     of such Act, except that the 10 percent limitation otherwise 
     applicable to the amount of funds that may be used to carry 
     out section 171(d) shall not be applicable to funds used for 
     Community-Based Job Training grants: Provided further, That 
     funds provided to carry out section 132(a)(2)(A) of the WIA 
     may be used to provide assistance to a State for State-wide 
     or local use in order to address cases where there have been 
     worker dislocations across multiple sectors or across 
     multiple local areas and such workers remain dislocated; 
     coordinate the State workforce development plan with emerging 
     economic development needs; and train such eligible 
     dislocated workers: Provided further, That funds provided to 
     carry out section 171(d) of the WIA may be used for 
     demonstration projects that provide assistance to new 
     entrants in the workforce and incumbent workers: Provided 
     further, That $1,500,000 shall be for a non-competitive grant 
     to the AFL-CIO Working for America Institute, which shall be 
     awarded not later than 30 days after the date of enactment of 
     this Act: Provided further, That $2,200,000 shall be for a 
     non-competitive grant to the AFL-CIO Appalachian Council, 
     Incorporated, for Job Corps career transition services, which 
     shall be awarded

[[Page 28168]]

     not later than 30 days after the date of enactment of this 
     Act;
       (B) $53,696,000 for Native American programs, which shall 
     be available for the period July 1, 2008 through June 30, 
     2009;
       (C) $79,752,000 for migrant and seasonal farmworkers, 
     including $74,302,000 for formula grants, $4,950,000 for 
     migrant and seasonal housing (of which not less than 70 
     percent shall be for permanent housing), and $500,000 for 
     other discretionary purposes, which shall be available for 
     the period July 1, 2008 through June 30, 2009: Provided, 
     That, notwithstanding any other provision of law or related 
     regulation, the Department shall take no action limiting the 
     number or proportion of eligible participants receiving 
     related assistance services or discouraging grantees from 
     providing such services;
       (D) $1,000,000 for carrying out the Women in Apprenticeship 
     and Nontraditional Occupations Act, which shall be available 
     for the period July 1, 2008 through June 30, 2009; and
       (E) $65,000,000 for YouthBuild activities as described in 
     section 173A of the WIA, which shall be available for the 
     period April 1, 2008 through June 30, 2009;
       (3) for national activities, $111,088,000, which shall be 
     available for the period July 1, 2008 through July 30, 2009 
     as follows:
       (A) $30,650,000 for Pilots, Demonstrations, and Research, 
     of which $27,650,000 shall be available for noncompetitive 
     grants, with the terms, conditions and amounts specified in 
     the committee report of the Senate accompanying this Act: 
     Provided, That funding provided to carry out projects under 
     section 171 of the WIA that are identified in the committee 
     report accompanying this Act, shall not be subject to the 
     requirements of section 171(b)(2)(B) and 171(c)(4)(D) of the 
     WIA, the joint funding requirements of sections 171(b)(2)(A) 
     and 171(c)(4)(A) of the WIA, or any time limit requirements 
     of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
       (B) $13,642,000 for ex-offender activities, under the 
     authority of section 171 of the Act, notwithstanding the 
     requirements of sections 171(b)(2)(B) or 171(c)(4)(D);
       (C) $4,921,000 for Evaluation under section 172 of the WIA; 
     and
       (D) $6,875,000 for the Denali Commission, which shall be 
     available for the period July 1, 2008 through June 30, 2009.
       Of the amounts made available under this heading in Public 
     Law 107-116 to carry out the activities of the National 
     Skills Standards Board, $44,063 are hereby rescinded.


            Community Service Employment for Older Americans

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


              Federal Unemployment Benefits and Allowances

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


     State Unemployment Insurance and Employment Service Operations

       For authorized administrative expenses, $98,409,000, 
     together with not to exceed $3,248,223,000 which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund (``the Trust Fund''), of 
     which:
       (1) $2,510,723,000 from the Trust Fund is for grants to 
     States for the administration of State unemployment insurance 
     laws as authorized under title III of the Social Security Act 
     (including $10,000,000 to conduct in-person reemployment and 
     eligibility assessments in one-stop career centers of 
     claimants of unemployment insurance), the administration of 
     unemployment insurance for Federal employees and for ex-
     service members as authorized under sections 8501-8523 of 
     title 5, United States Code, and the administration of trade 
     readjustment allowances and alternative trade adjustment 
     assistance under the Trade Act of 1974, and shall be 
     available for obligation by the States through December 31, 
     2008, except that funds used for automation acquisitions 
     shall be available for obligation by the States through 
     September 30, 2010, and funds used for unemployment insurance 
     workloads experienced by the States through September 30, 
     2008 shall be available for Federal obligation through 
     December 31, 2008;
       (2) $10,500,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system;
       (3) $693,000,000 from the Trust Fund, together with 
     $22,883,000 from the General Fund of the Treasury, is for 
     grants to States in accordance with section 6 of the Wagner-
     Peyser Act, and shall be available for Federal obligation for 
     the period July 1, 2008 through June 30, 2009;
       (4) $34,000,000 from the Trust Fund is for national 
     activities of the Employment Service, including 
     administration of the work opportunity tax credit under 
     section 51 of the Internal Revenue Code of 1986, the 
     administration of activities, including foreign labor 
     certifications, under the Immigration and Nationality Act, 
     and the provision of technical assistance and staff training 
     under the Wagner-Peyser Act, including not to exceed 
     $1,228,000 that may be used for amortization payments to 
     States which had independent retirement plans in their State 
     employment service agencies prior to 1980;
       (5) $55,985,000 from the General Fund is to provide 
     workforce information, national electronic tools, and one-
     stop system building under the Wagner-Peyser Act and shall be 
     available for Federal obligation for the period July 1, 2008 
     through June 30, 2009; and
       (6) $19,541,000 is to provide for work incentive grants to 
     the States and shall be available for the period July 1, 2008 
     through June 30, 2009:

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


        Advances to the Unemployment Trust Fund and Other Funds

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


                         Program Administration

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

               Employee Benefits Security Administration


                         Salaries and Expenses

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

                  Pension Benefit Guaranty Corporation


               Pension Benefit Guaranty Corporation Fund

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

[[Page 28169]]

     administrative expenses for every 20,000 additional 
     terminated participants: Provided further, That an additional 
     $50,000 shall be made available for obligation for investment 
     management fees for every $25,000,000 in assets received by 
     the Corporation as a result of new plan terminations, after 
     approval by the Office of Management and Budget and 
     notification of the Committees on Appropriations of the House 
     of Representatives and the Senate.

                  Employment Standards Administration


                         Salaries and Expenses

                         (including rescission)

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


                            Special Benefits

                     (including transfer of funds)

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

     Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under chapter 81 of title 5, United States Code, or 33 U.S.C. 
     901 et seq., provide as part of such notice and claim, such 
     identifying information (including Social Security account 
     number) as such regulations may prescribe.


               Special Benefits for Disabled Coal Miners

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


    Administrative Expenses, Energy Employees Occupational Illness 
                           Compensation Fund

                     (including transfer of funds)

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


                    Black Lung Disability Trust Fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration


                         Salaries and Expenses

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

     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a

[[Page 28170]]

     temporary labor camp and employs 10 or fewer employees: 
     Provided further, That $10,116,000 shall be available for 
     Susan Harwood training grants, of which $3,200,000 shall be 
     used for the Institutional Competency Building training 
     grants which commenced in September 2000, for program 
     activities for the period of October 1, 2007, to September 
     30, 2008, provided that a grantee has demonstrated 
     satisfactory performance: Provided further, That such grants 
     shall be awarded not later than 30 days after the date of 
     enactment of this Act.

                 Mine Safety and Health Administration


                         Salaries and Expenses

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

                       Bureau of Labor Statistics


                         Salaries and Expenses

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

                 Office of Disability Employment Policy


                         salaries and expenses

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

                        Departmental Management


                         Salaries and Expenses

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


                          Office of Job Corps

       To carry out subtitle C of title I of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2881 et. seq.), including 
     Federal administrative expenses, the purchase and hire of 
     passenger motor vehicles, the construction, alteration and 
     repairs of buildings and other facilities, and the purchase 
     of real property for training centers as authorized by the 
     Workforce Investment Act; $1,659,872,000, plus 
     reimbursements, as follows:
       (1) $1,516,000,000 for Job Corps Operations, of which 
     $925,000,000 is available for obligation for the period July 
     1, 2008 through June 30, 2009 and of which $591,000,000 is 
     available for obligation for the period October 1, 2008 
     through June 30, 2009;
       (2) $115,000,000 for construction, rehabilitation and 
     acquisition of Job Corps Centers, of which $15,000,000 is 
     available for the period July 1, 2008 through June 30, 2009 
     and $100,000,000 is available for the period October 1, 2008 
     through June 30, 2011; and
       (3) $28,872,000 for necessary expenses of the Office of Job 
     Corps is available for obligation for the period October 1, 
     2007 through September 30, 2008:

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


                    Veterans Employment and Training

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


                      Office of Inspector General

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

                           General Provisions

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


                          (transfer of funds)

       Sec. 102. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Labor in this 
     Act may be transferred between a program, project, or 
     activity, but no such program, project, or activity shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That a program, project, or activity may be 
     increased by up to an additional 2 percent subject to 
     approval by the House and Senate Committees on 
     Appropriations: Provided further, That the transfer authority 
     granted by this section shall be available only to meet 
     emergency needs and shall not be used to create any new 
     program or to fund any project or activity for which no funds 
     are provided in this Act: Provided further, That the 
     Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.
       Sec. 103. In accordance with Executive Order No. 13126, 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, whole or in part, by forced 
     or indentured child labor in industries and host countries 
     already identified by the United States Department of Labor 
     prior to enactment of this Act.
       Sec. 104. There is authorized to be appropriated such sums 
     as may be necessary to the Denali Commission through the 
     Department of Labor to conduct job training of the local 
     workforce where Denali Commission projects will be 
     constructed.
       Sec. 105. The Secretary shall prepare and submit not later 
     than July 1, 2008, to the Committees on Appropriations of the 
     Senate and of the House an operating plan that outlines the 
     planned allocation by major project and activity of fiscal 
     year 2008 funds made available for section 171 of the 
     Workforce Investment Act.
       Sec. 106. None of the funds available in this Act or 
     available to the Secretary of Labor from other sources for 
     Community College Initiative Grants, Community-Based Job 
     Training Grants, and grants authorized under section 414(c) 
     of the American Competitiveness and Workforce Improvement Act 
     of 1998 shall be obligated for a grant awarded on a non-
     competitive basis.
       Sec. 107. None of the funds made available in this or any 
     other Act shall be available to finalize or implement any 
     proposed regulation under the Workforce Investment Act of 
     1998, Wagner-Peyser Act of 1933, or the Trade Adjustment 
     Assistance Reform Act of 2002 until such time as legislation 
     reauthorizing the Workforce Investment Act of 1998 and the 
     Trade Adjustment Assistance Reform Act of 2002 is enacted.
       Sec. 108. The Secretary of Labor shall take no action to 
     amend, through regulatory or administration action, the 
     definition established in 20 CFR 667.220 for functions and 
     activities under title I of the Workforce Investment Act of 
     1998, or to modify, through regulatory or administrative 
     action, the procedure for redesignation of local areas as 
     specified in subtitle B of title I of that Act (including 
     applying the standards specified in section 116(a)(3)(B) of 
     that Act, but notwithstanding the time limits specified in 
     section 116(a)(3)(B) of that Act), until such time as

[[Page 28171]]

     legislation reauthorizing the Act is enacted. Nothing in the 
     preceding sentence shall permit or require the Secretary of 
     Labor to withdraw approval for such redesignation from a 
     State that received the approval not later than October 12, 
     2005, or to revise action taken or modify the redesignation 
     procedure being used by the Secretary in order to complete 
     such redesignation for a State that initiated the process of 
     such redesignation by submitting any request for such 
     redesignation not later than October 26, 2005.
       Sec. 109. None of the funds available in this Act may be 
     used to carry out a public-private competition or direct 
     conversion under Office of Management and Budget Circular A-
     76 or any successor administrative regulation, directive or 
     policy until 60 days after the Government Accountability 
     Office provides a report to the Committees on Appropriations 
     of the House of Representatives and the Senate on the use of 
     competitive sourcing at the Department of Labor.
       Sec. 110. (a) Not later than June 20, 2008, the Secretary 
     of Labor shall revise regulations prescribed pursuant to 
     section 303(y) of the Federal Mine Safety and Health Act of 
     1977 (30 U.S.C. 863(y)) to require, in any coal mine, 
     regardless of the date on which it was opened, that belt 
     haulage entries not be used to ventilate active working 
     places without prior approval from the Assistant Secretary of 
     Labor.
       (b) Not later than June 15, 2008, the Secretary of Labor 
     shall issue regulations, pursuant to the design criteria 
     recommended by the National Institute of Occupational Safety 
     and Health and section 13 of the MINER Act (Public Law 109-
     236), requiring installation of rescue chambers in the 
     working areas of underground coal mines.
       Sec. 111. None of the funds appropriated in this Act under 
     the heading ``Employment and Training Administration'' shall 
     be used by a recipient or subrecipient of such funds to pay 
     the salary and bonuses of an individual, either as direct 
     costs or indirect costs, at a rate in excess of Executive 
     Level II. This limitation shall not apply to vendors 
     providing goods and services as defined in OMB Circular A-
     133. Where States are recipients of such funds, States may 
     establish a lower limit for salaries and bonuses of those 
     receiving salaries and bonuses from subrecipients of such 
     funds, taking into account factors including the relative 
     cost-of-living in the State, the compensation levels for 
     comparable State or local government employees, and the size 
     of the organizations that administer Federal programs 
     involved including Employment and Training Administration 
     programs.
       Sec. 112. (a) In addition to amounts otherwise appropriated 
     under this Act, there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, an additional 
     $10,000,000 for necessary expenses for salaries and expenses 
     of the Mine Safety and Health Administration.
        (b) Amounts made available under this Act for travel 
     expenses for the Department of Labor, the Department of 
     Health and Human Services, and the Department of Education 
     shall be reduced on a pro rata basis by the percentage 
     necessary to decrease the overall amount of such spending by 
     $10,000,000.
       Sec. 113. To enable the National Institute for Occupational 
     Safety and Health to carry out the Fire Fighter Fatality 
     Investigation and Prevention Program, $5,000,000, which shall 
     include any other amounts made available under this Act for 
     such Program. Amounts made available under this Act for 
     travel expenses for the Department of Labor, the Department 
     of Health and Human Services, and the Department of Education 
     shall be reduced on a pro rata basis by the percentage 
     necessary to decrease the overall amount of such spending by 
     $2,500,000.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2008''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

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


           Health Education Assistance Loans Program Account

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


             Vaccine Injury Compensation Program Trust Fund

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

               Centers for Disease Control and Prevention


                Disease Control, Research, and Training

       To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
     and XXVI of the Public Health Service Act, sections 101, 102, 
     103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
     and Health Act of 1977, and the Mine Improvement and New 
     Emergency Response Act of 2006, sections 20, 21,

[[Page 28172]]

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

                     National Institutes of Health


                       National Cancer Institute

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


               National Heart, Lung, and Blood Institute

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


         National Institute of Dental and Craniofacial Research

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


    National Institute of Diabetes and Digestive and Kidney Diseases

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


        National Institute of Neurological Disorders and Stroke

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


         National Institute of Allergy and Infectious Diseases

                     (including transfer of funds)

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


             National Institute of General Medical Sciences

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


        National Institute of Child Health and Human Development

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


                         National Eye Institute

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


          National Institute of Environmental Health Sciences

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


                      National Institute on Aging

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


 National Institute of Arthritis and Musculoskeletal and Skin Diseases

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


    National Institute on Deafness and Other Communication Disorders

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


                 National Institute of Nursing Research

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


           National Institute on Alcohol Abuse and Alcoholism

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


                    National Institute on Drug Abuse

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


                  National Institute of Mental Health

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


                National Human Genome Research Institute

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


      National Institute of Biomedical Imaging and Bioengineering

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


                 National Center for Research Resources

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


       National Center for Complementary and Alternative Medicine

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


       National Center on Minority Health and Health Disparities

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


                  John E. Fogarty International Center

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


                      National Library of Medicine

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


                         Office of the Director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, $1,145,790,000, of 
     which up to $25,000,000 shall be used to carry out section 
     217 of this Act: Provided, That funding shall be available 
     for the purchase of not to exceed 29 passenger motor vehicles 
     for replacement only: Provided further, That the National 
     Institutes of Health is authorized to collect third party 
     payments for the

[[Page 28173]]

     cost of clinical services that are incurred in National 
     Institutes of Health research facilities and that such 
     payments shall be credited to the National Institutes of 
     Health Management Fund: Provided further, That all funds 
     credited to the National Institutes of Health Management Fund 
     shall remain available for one fiscal year after the fiscal 
     year in which they are deposited: Provided further, That up 
     to $500,000 shall be available to carry out section 499 of 
     the Public Health Service Act: Provided further, That 
     $110,900,000 shall be available to carry out the National 
     Children's Study: Provided further, That $531,300,000 shall 
     be available for the Common Fund established under section 
     402A(c)(1) of the Public Health Service Act: Provided 
     further, That of the funds provided $10,000 shall be for 
     official reception and representation expenses when 
     specifically approved by the Director of NIH: Provided 
     further, That the Office of AIDS Research within the Office 
     of the Director, NIH may spend up to $4,000,000 to make 
     grants for construction or renovation of facilities as 
     provided for in section 2354(a)(5)(B) of the Public Health 
     Service Act.


                        Buildings and Facilities

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

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

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

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

       For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, $329,564,000; and in addition, amounts received from 
     Freedom of Information Act fees, reimbursable and interagency 
     agreements, and the sale of data shall be credited to this 
     appropriation and shall remain available until expended: 
     Provided, That no amount shall be made available pursuant to 
     section 927(c) of the Public Health Service Act for fiscal 
     year 2008: Provided further, That $5,000,000 shall be for 
     activities to reduce infections from methicillin-resistant 
     staphylococcus aureus (MRSA) and related infections.

               Centers for Medicare and Medicaid Services


                     Grants to States for Medicaid

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


                  Payments to Health Care Trust Funds

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


                           Program Management

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


              HEALTH CARE FRAUD ABUSE AND CONTROL ACCOUNT

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

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

       For making payments to States or other non-Federal entities 
     under titles I, IV-D, X, XI, XIV, and XVI of the Social 
     Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), 
     $2,949,713,000, to remain available until expended; and for 
     such purposes for the first quarter of fiscal year 2009, 
     $1,000,000,000, to remain available until expended.
       For making payments to each State for carrying out the 
     program of Aid to Families with Dependent Children under 
     title IV-A of the Social Security Act before the effective 
     date of the program of Temporary Assistance for Needy 
     Families (TANF) with respect to such State, such sums as may 
     be necessary: Provided, That the sum of the amounts available 
     to a State with respect to expenditures under such title IV-A 
     in fiscal year 1997 under this appropriation and under such 
     title IV-A as amended by the Personal Responsibility and Work 
     Opportunity

[[Page 28174]]

     Reconciliation Act of 1996 shall not exceed the limitations 
     under section 116(b) of such Act.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under titles 
     I, IV-D, X, XI, XIV, and XVI of the Social Security Act and 
     the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 
     months of the current fiscal year for unanticipated costs, 
     incurred for the current fiscal year, such sums as may be 
     necessary.


                   low-income home energy assistance

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


                     Refugee and Entrant Assistance

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


   Payments to States for the Child Care and Development Block Grant

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


                      Social Services Block Grant

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


                Children and Families Services Programs

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


                   Promoting Safe and Stable Families

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


       Payments to States for Foster Care and Adoption Assistance

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

                        Administration on Aging


                        Aging Services Programs

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

                        Office of the Secretary


                    General Departmental Management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, XX, and XXI of the Public 
     Health Service Act, the United States-Mexico Border Health 
     Commission Act, and research studies under section 1110 of 
     the Social Security Act, $399,386,000, together with 
     $5,851,000 to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the 
     Hospital Insurance Trust Fund and the Supplemental Medical 
     Insurance Trust Fund, and $46,756,000 from the amounts 
     available under section 241 of the Public Health Service Act 
     to carry out national health or human services research and 
     evaluation activities: Provided, That of the funds made 
     available under this heading for carrying out title XX of the 
     Public Health Service Act, $13,120,000 shall be for 
     activities specified under section 2003(b)(2), all of which 
     shall be for prevention service demonstration grants under 
     section 510(b)(2) of title V of the Social Security Act, as 
     amended, without application of the limitation of section 
     2010(c) of said title XX: Provided further, That of this 
     amount, $51,891,000 shall be for minority AIDS prevention and 
     treatment activities; and $5,941,000 shall be to assist 
     Afghanistan in the development of maternal and child health 
     clinics, consistent with section 103(a)(4)(H) of the 
     Afghanistan Freedom Support Act of 2002; up to $4,000,000 
     shall be for the Secretary's discretionary fund and may be 
     used to carry out activities authorized under the 
     Department's statutory authorities; and $9,500,000 shall be 
     for a Health Diplomacy Initiative and may be used to carry 
     out health diplomacy activities such as health training, 
     services, education, and program evaluation, provided 
     directly, through grants, or through contracts: Provided 
     further, That specific information requests from the chairmen 
     and ranking members of the Subcommittees on Labor, Health and 
     Human Services, and Education, and Related Agencies, on

[[Page 28175]]

     scientific research or any other matter, shall be transmitted 
     to the Committees on Appropriations in a prompt professional 
     manner and within the time frame specified in the request: 
     Provided further, That scientific information requested by 
     the Committees on Appropriations and prepared by government 
     researchers and scientists shall be transmitted to the 
     Committees on Appropriations, uncensored and without delay: 
     Provided further, That funds provided in this Act for embryo 
     adoption activities may be used to provide, to individuals 
     adopting embryos, through grants and other mechanisms, 
     medical and administrative services deemed necessary for such 
     adoptions: Provided further, That such services shall be 
     provided consistent with 42 CFR 59.5(a)(4): Provided further, 
     That $2,100,000 shall be available for the projects and in 
     the amounts specified in the committee report of the Senate 
     accompanying this Act: Provided further, That $500,000 shall 
     be available to complete a feasibility study for a National 
     Registry of Substantiated Cases of Child Abuse or Neglect, as 
     described in section 633(g) of the Adam Walsh Child 
     Protection and Safety Act of 2006 (Public Law 109-248), and 
     the Secretary of Health and Human Services shall submit the 
     report described in section 633(g)(2) of such Act not later 
     than 1 year after date of enactment of this Act: Provided 
     further, That $2,000,000 of the amounts appropriated under 
     this heading shall be made available to carry out dental 
     workforce programs under section 340G of the Public Health 
     Service Act (42 U.S.C. 256g).


                Office of Medicare Hearings and Appeals

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


  Office of the National Coordinator for Health Information Technology

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


                      Office of Inspector General

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


                        Office for Civil Rights

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


     Retirement Pay and Medical Benefits for Commissioned Officers

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


            Public Health and Social Services Emergency Fund

                     (including transfer of funds)

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

                           General Provisions

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


                          (transfer of funds)

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


                          (transfer of funds)

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


                          (transfer of funds)

       Sec. 210. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 211. None of the funds appropriated in this Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.
       Sec. 212. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make

[[Page 28176]]

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


                          (transfer of funds)

       Sec. 224. Of the amounts made available in this Act for the 
     National Institutes of Health, 1 percent of the amount made 
     available for National Research Service Awards (NRSA) shall 
     be made available to the Administrator of the Health 
     Resources and Services Administration to make NRSA awards for 
     research in primary medical care to individuals affiliated 
     with entities who have received grants or contracts under 
     section 747 of the Public Health Service Act, and 1 percent 
     of the amount made available for NRSA shall be made available 
     to the Director of the Agency for Healthcare Research and 
     Quality to make NRSA awards for health service research.
       Sec. 225. Nothing in this Act shall be construed to effect 
     or otherwise modify provisions of current Federal law with 
     respect to the funding of abortion.
       Sec. 226. Of the funds made available in this Act for 
     subtitle B of title IV of the Cardiac Arrest Survival Act of 
     2000 (Public Law 106-505), $200,000 shall be used to carry 
     out section 312(c)(6) of the Public Health Service Act.
       Sec. 227. (a) In addition to any amounts appropriated or 
     otherwise made available under this Act to the Health 
     Resources and Services Administration to carry out programs 
     and activities under the Health Care Safety Net Amendments of 
     2002 (Public Law 107-251) and the amendments made by such 
     Act, and for other telehealth programs under section 330I of 
     the Public Health Service Act (42 U.S.C. 254c-14), there 
     shall be made available an additional $6,800,000, to (1) 
     expand support for existing and new telehealth resource 
     centers, including at least 1 resource center focusing on 
     telehomecare; (2) support telehealth network grants, 
     telehealth demonstrations, and telehomecare pilot projects; 
     and (3) provide grants to carry out programs under which 
     health licensing boards or various

[[Page 28177]]

     States cooperate to develop and implement policies that will 
     reduce statutory and regulatory barriers to telehealth.
       (b) Notwithstanding any other provision of this Act, 
     amounts appropriated or otherwise made available under this 
     Act for the administrative and related expenses for 
     departmental management for the Department of Labor, the 
     Department of Health and Human Services, and the Department 
     of Education, shall be reduced on a pro rata basis by 
     $6,800,000.
       Sec. 228. (a) Not later than November 30, 2008, the 
     Comptroller General of the United States shall submit to 
     Congress a report concerning State health care reform 
     initiatives.
        (b) The report required under subsection (a) shall include 
     the following:
       (1) An assessment of State efforts to reexamine health care 
     delivery and health insurance systems and to expand the 
     access of residents to health insurance and health care 
     services, including the following:
       (A) An overview of State approaches to reexamining health 
     care delivery and insurance.
       (B) A description of whether and to what extent State 
     health care initiatives have resulted in improved access to 
     health care and insurance.
       (C) A description of the extent to which public and private 
     cooperation has occurred in State health care initiatives.
       (D) A description of the outcomes of State insurance 
     coverage mandates.
       (E) A description of the effects of increased health care 
     costs on State fiscal choices.
       (F) A description of the effects of Federal law and funding 
     on State health care initiatives and fiscal choices.
       (G) A description of outcomes of State efforts to increase 
     health care quality and control costs.
       (2) Recommendations regarding the potential role of 
     Congress in supporting State-based reform efforts, including 
     the following:
       (A) Enacting changes in Federal law that would facilitate 
     State-based health reform and expansion efforts.
       (B) Creating new or realigning existing Federal funding 
     mechanisms to support State-based reform and expansion 
     efforts.
       (C) Expanding existing Federal health insurance programs 
     and increasing other sources of Federal health care funding 
     to support State-based health reform and expansion efforts.
       Sec. 229. None of the funds made available in this Act may 
     be used--
       (1) for the Ombudsman Program of the Centers for Disease 
     Control and Prevention; and
       (2) by the Centers for Disease Control and Prevention to 
     provide additional rotating pastel lights, zero-gravity 
     chairs, or dry-heat saunas for its fitness center.
       Sec. 230. (a) In addition to amounts otherwise appropriated 
     under this Act, there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, an additional 
     $3,000,000 for the Centers for Disease Control and Prevention 
     to make grants under the State Heart Disease and Stroke 
     Prevention Program.
        (b) Amounts made available under this Act for consulting 
     services for the Department of Labor, the Department of 
     Health and Human Services, and the Department of Education 
     shall be further reduced on a pro rata basis by the 
     percentage necessary to decrease the overall amount of such 
     spending by $3,000,000.
       Sec. 231. Notwithstanding any other provision of this Act, 
     amounts appropriated in this Act for the administration and 
     related expenses for the departmental management of the 
     Department of Labor, the Department of Health and Human 
     Services, and the Department of Education shall be reduced by 
     a pro rata percentage required to reduce the total amount 
     appropriated in this Act by $30,000,000.
       Sec. 232. (a) In addition to any other amounts appropriated 
     or otherwise made available under this Act, $8,000,000 shall 
     be available to carry out activities under the Patient 
     Navigator Outreach and Chronic Disease Prevention Act of 2005 
     (Public Law 109-18).
       (b) Amounts made available under this Act for consulting 
     services for the Department of Labor, the Department of 
     Health and Human Services, and the Department of Education 
     shall be further reduced on a pro rata basis by the 
     percentage necessary to decrease the overall amount of such 
     spending by $8,000,000.
       Sec. 233. (a) In addition to other amounts made available 
     in this title, $3,000,000 shall be made available for trauma 
     care activities.
        (b) Amounts made available under this Act for consulting 
     services for the Department of Labor, the Department of 
     Health and Human Services, and the Department of Education 
     shall be reduced on a pro rata basis by the percentage 
     necessary to decrease the overall amount of such spending by 
     $6,000,000.
       Sec. 234. (a) In addition to other amounts appropriated in 
     this title to carry out title VII of the Public Health 
     Service Act, $2,000,000 shall be made available to carry out 
     allied health professional programs under section 755 of such 
     title VII, other than the Chiropractic-Medical School 
     Demonstration Grant program, Graduate Psychology training 
     programs, and podiatric physicians programs.
       (b) Amounts made available under this Act for consulting 
     services for the Department of Labor, the Department of 
     Health and Human Services, and the Department of Education 
     shall be reduced further on a pro rata basis by the 
     percentage necessary to decrease the overall amount of such 
     spending by $2,000,000.
       Sec. 235. It is the sense of the Senate that a portion of 
     the funds appropriated under this title be used for frequent 
     hemodialysis clinical trials at the National Institute of 
     Diabetes and Digestive and Kidney Diseases.
       Sec. 236. Small Business Child Care Grant Program. For 
     carrying out the small business child care grant program 
     under section 8303 of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (42 U.S.C. 9858 note) $5,000,000, to 
     remain available until expended. Each amount otherwise 
     appropriated in this Act for administrative expenses for the 
     Department of Labor, Department of Health and Human Services, 
     and Department of Education shall be reduced on a pro rata 
     basis by the amount necessary to provide the amount referred 
     to in the preceding sentence.
       Sec. 237. Notwithstanding any other provision of law, no 
     funds shall be made available under this Act to modify the 
     HIV/AIDS funding formulas under title XXVI of the Public 
     Health Service Act.
       Sec. 238. (a) The amount made available under the heading 
     ``aging services programs'' under the heading 
     ``Administration on Aging'' in this title shall be increased 
     by $10,000,000 of which--
       (1) $5,000,000 shall be used to carry out part B of title 
     III of the Older Americans Act of 1965 (42 U.S.C. 3030d) for 
     fiscal year 2008 (for supportive services and senior centers 
     to allow area agencies on aging to account for projected 
     growth in the population of older individuals, and 
     inflation);
       (2) $2,000,000 shall be used to carry out part C of title 
     III of such Act (42 U.S.C. 3030d-21 et seq.) for fiscal year 
     2008 (for congregate and home-delivered nutrition services to 
     help account for increased gas and food costs); and
       (3) $3,000,000 shall be used to carry out part E of title 
     III of such Act (42 U.S.C. 3030s et seq.) for fiscal year 
     2008 (for the National Family Caregiver Support Program to 
     fund the program at the level authorized for that program 
     under that Act (42 U.S.C. 3001 et seq.)).
       (b)(1) The 3 amounts described in paragraph (2) shall be 
     reduced on a pro rata basis, to achieve a total reduction of 
     $10,000,000.
       (2) The amounts referred to in paragraph (1) are--
       (A) the amount made available under the heading ``salaries 
     and expenses'' under the heading ``Departmental Management'' 
     in title I, for administration or travel expenses;
       (B) the amount made available under the heading ``general 
     departmental management'' under the heading ``Office of the 
     Secretary'' in this title, for administration or travel 
     expenses; and
       (C) the amount made available under the heading ``program 
     administration'' under the heading ``Departmental 
     Management'' in title III, for administration or travel 
     expenses.
       Sec. 239. (a) Notwithstanding any other provision of this 
     Act, there shall be made available under this Act a total of 
     $7,500,000 for the National Violent Death Reporting System 
     within the Centers for Disease Control and Prevention.
        (b) Amounts made available under this Act for travel and 
     administrative expenses for the Department of Labor, the 
     Department of Health and Human Services, and the Department 
     of Education shall be further reduced on a pro rata basis by 
     the percentage necessary to decrease the overall amount of 
     such spending by $7,500,000.
       Sec. 240. (a) Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, acting through the Administrator of the Centers for 
     Medicare & Medicaid Services, shall submit a report to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives on workers' 
     compensation set-asides under the Medicare secondary payer 
     set-aside provisions under title XVIII of the Social Security 
     Act.
       (b) The report described in subsection (a) shall contain 
     the following information:
       (1) The number of workers' compensation set-aside 
     determination requests that have been pending for more than 
     60 days from the date of the initial submission for a 
     workers' compensation set-aside determination.
       (2) The average amount of time taken between the date of 
     the initial submission for a workers' compensation set-aside 
     determination request and the date of the final determination 
     by the Centers for Medicare & Medicaid Services.
       (3) The breakout of conditional payments recovered when 
     workers' compensation is the primary payer separate from the 
     amounts in Workers' Compensation Medicare Set-aside Accounts 
     (in this section referred to as ``WCMSAs'').
       (4) The aggregate amounts allocated in WCMSAs and 
     disbursements from WCMSAs for fiscal year 2005 and fiscal 
     year 2006.
       (5) The number of conditional payment requests pending with 
     regard to WCMSAs after 60 days from the date of the 
     submission of the request.
       (6) The number of WCMSAs that do not receive a 
     determination based on the initial complete submission.
       (7) Any other information determined appropriate by the 
     Congressional Budget Office in order to determine the 
     baseline revenue and expenditures associated with such 
     workers' compensation set-asides.
       Sec. 241. It is the sense of the Senate that the Secretary 
     of Health and Human Services should maintain ``deemed 
     status'' coverage under the Medicare program for clinical 
     trials that are federally funded or reviewed, as provided for 
     by the Executive Memorandum of June 2000.
       Sec. 242. (a) The amount appropriated under the heading 
     ``disease control, research, and

[[Page 28178]]

     training'' under the heading ``Centers for Disease Control 
     and Prevention'' in this title is increased by $1,000,000.
       (b) The amount appropriated under the heading ``general 
     departmental management'' under the heading ``Office of the 
     Secretary'' in this title is decreased by $1,000,000.
       (c)(1)(A) The Secretary of Health and Human Services 
     (acting through the Director of the National Institute for 
     Occupational Safety and Health) shall conduct, and shall 
     invite the University of Utah and West Virginia University to 
     participate in conducting, a study of the recovery of coal 
     pillars through retreat room and pillar mining practices in 
     underground coal mines at depths greater than 1500 feet.
       (B) The study shall examine the safety implications of 
     retreat room and pillar mining practices, with emphasis on 
     the impact of full or partial pillar extraction mining.
       (C) The study shall consider, among other things--
       (i) the conditions under which retreat mining is used, 
     including conditions relating to--
       (I) seam thickness;
       (II) depth of cover;
       (III) strength of the mine roof, pillars, and floor; and
       (IV) the susceptibility of the mine to seismic activity; 
     and
       (ii) the procedures used to ensure miner safety during 
     retreat mining.
       (2)(A) Not later than 1 year after beginning the study 
     described in paragraph (1), the Secretary shall submit a 
     report containing the results of the study to the Committee 
     on Education and Labor of the House of Representatives, the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, the Committee on Appropriations of the House of 
     Representatives, and the Committee on Appropriations of the 
     Senate.
       (B) The report shall include recommendations to enhance the 
     safety of miners working in underground coal mines where 
     retreat mining in room and pillar operations is utilized. 
     Among other things, the recommendations shall identify means 
     of adapting any practical technology to the mining 
     environment to improve miner protections during mining at 
     depths greater than 1500 feet, and research needed to develop 
     improved technology to improve miner protections during 
     mining at such depths.
       (3) Not later than 90 days after the submission of the 
     report described in paragraph (2) to Congress, the Secretary 
     of Health and Human Services shall publish a notice in the 
     Federal Register describing the actions, if any, that the 
     Secretary intends to take based on the report.
       Sec. 243. None of the funds appropriated in this Act may be 
     used to prevent an individual not in the business of 
     importing a prescription drug (within the meaning of section 
     801(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     381(g)) from importing a prescription drug from Canada that 
     complies with sections 501, 502, and 505 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355) and is 
     not--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2008''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

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

                               Impact Aid

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

                      School Improvement Programs

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

                            Indian Education

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

                       Innovation and Improvement

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

[[Page 28179]]



                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

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

                           Special Education

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

            Rehabilitation Services and Disability Research

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

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

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


               National Technical Institute for the Deaf

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


                          Gallaudet University

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

                 Career, Technical, and Adult Education

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

                      Student Financial Assistance

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

                       Student Aid Administration

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

                            Higher Education

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

                           Howard University

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

         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses to carry out activities 
     related to existing facility loans

[[Page 28180]]

     pursuant to section 121 of the Higher Education Act of 1965, 
     as amended $481,000.

  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

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

                        Departmental Management


                         Program Administration

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


                        Office for Civil Rights

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


                    Office of the Inspector General

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

                           General Provisions

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


                          (transfer of funds)

       Sec. 304. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the Appropriations Committees of both Houses 
     of Congress are notified at least 15 days in advance of any 
     transfer.
       Sec. 305. None of the funds made available in this Act may 
     be used to promulgate, implement, or enforce any revision to 
     the regulations in effect under section 496 of the Higher 
     Education Act of 1965 on June 1, 2007, until legislation 
     specifically requiring such revision is enacted.
       Sec. 306. (a) Notwithstanding section 8013(9)(B) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7713(9)(B)), North Chicago Community Unit School District 
     187, North Shore District 112, and Township High School 
     District 113 in Lake County, Illinois, and Glenview Public 
     School District 34 and Glenbrook High School District 225 in 
     Cook County, Illinois, shall be considered local educational 
     agencies as such term is used in and for purposes of title 
     VIII of such Act.
       (b) Notwithstanding any other provision of law, federally 
     connected children (as determined under section 8003(a) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7703(a))) who are in attendance in the North Shore District 
     112, Township High School District 113, Glenview Public 
     School District 34, and Glenbrook High School District 225 
     described in subsection (a), shall be considered to be in 
     attendance in the North Chicago Community Unit School 
     District 187 described in subsection (a) for purposes of 
     computing the amount that the North Chicago Community Unit 
     School District 187 is eligible to receive under subsection 
     (b) or (d) of such section if--
       (1) such school districts have entered into an agreement 
     for such students to be so considered and for the equitable 
     apportionment among all such school districts of any amount 
     received by the North Chicago Community Unit School District 
     187 under such section; and
       (2) any amount apportioned among all such school districts 
     pursuant to paragraph (1) is used by such school districts 
     only for the direct provision of educational services.
       Sec. 307. Notwithstanding any other provision of this Act, 
     $2,000,000 shall be available for the Underground Railroad 
     Educational and Cultural Program. Amounts appropriated under 
     title III for administrative expenses shall be reduced on a 
     pro rata basis by $2,000,000.
       Sec. 308. No funds appropriated under this Act may be used 
     by the Secretary of Education to promulgate, implement, or 
     enforce the evaluation for the Upward Bound Program as 
     announced in the Notice of Final Priority published at 71 
     Fed. Reg. 55447-55450 (Sept. 22, 2006), until after the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Education and Labor of the House 
     of Representatives have thoroughly examined such regulation 
     in concert with the reauthorization of the Higher Education 
     Act of 1965.
       Sec. 309. Notwithstanding any other provision of this Act, 
     the Secretary of Education shall, not later than September 
     30, 2008, submit to the appropriate committees of Congress 
     and post on the Internet website of the Department of 
     Education, a report concerning--
       (1) the total number of Department of Education employees, 
     including employees who salaries are paid by the Department 
     but are employed by contractors or grantees of the 
     Department;
       (2) the total number, and percentage, of such employees who 
     have previously worked in a classroom as a teacher or a 
     teacher's assistant;
       (3) of the employees who have worked in a classroom, the 
     average number of years of time spent as an instructor;
       (4) the total dollar amount, and overall percentage of the 
     Department of Education funding, that is expended--
       (A) in the classroom;
       (B) on student tuition assistance;
       (C) on overhead and administrative costs and expenses; and
       (D) on Congressionally directed spending items, including 
     the administrative costs of administering such earmarks; and
       (5) a listing of all of the programs run by the Department 
     of Education and the total budget and most recent evaluation 
     of each such program, and a notation if no such evaluation 
     has been conducted.
       Sec. 310. Sense of the Senate Regarding Science Teaching 
     and Assessment. (a) Findings.--The Senate finds that there is 
     broad agreement in the scientific community that learning 
     science requires direct involvement by students in scientific 
     inquiry and that such direct involvement must be included in 
     every science program for every science student in 
     prekindergarten through grade 16.
       (b) Sense of the Senate Regarding the National Assessment 
     of Educational Progress 2009 Science Test.--It is the sense 
     of the Senate that--
       (1) the National Assessment of Educational Progress (NAEP) 
     2009 Science assessment should reflect the findings of the 
     Senate described in subsection (a) and those expressed in 
     section 7026(a) of the America Creating Opportunities to 
     Meaningfully Promote Excellence in Technology, Education, and 
     Science Act; and
       (2) the National Assessment Governing Board (NAGB) should 
     certify that the National Assessment of Education Progress 
     2009 Science framework, specification, and assessment include 
     extensive and explicit attention to inquiry.
       (c) Report.--The National Assessment Governing Board shall 
     submit a report to the Committee on Health, Education, Labor, 
     and Pensions of the Senate describing whether the 
     certification described in subsection (b)(2) has been made, 
     and if such certification has been made, include in the 
     report the following:
       (1) A description of the analysis used to arrive at such 
     certification.
       (2) A list of individuals with experience in inquiry 
     science education making the certification.
       Sec. 311. (a) In addition to amounts otherwise appropriated 
     under this Act, there are appropriated, out of any money in 
     the Treasury not otherwise appropriated--
       (1) $6,000,000 to carry out the programs for baccalaureate 
     degrees in science, technology, engineering, mathematics, or 
     critical foreign languages, with concurrent teacher 
     certification under section 6113 of the America COMPETES Act 
     (Public Law 110-69); and
       (2) $4,000,000 to carry out the programs for master's 
     degrees in science, technology, engineering, and mathematics, 
     or critical foreign language education under section 6114 of 
     the America COMPETES Act (Public Law 110-69).
       (b) Notwithstanding any other provision of this Act, 
     amounts made available under this Act for the administration 
     and related expenses for the departmental management of the 
     Department of Education, shall be reduced by $10,000,000.
       Sec. 312. (a) The Secretary of Education shall update the 
     2002 Department of Education and United States Secret Service 
     guidance entitled ``Threat Assessment in Schools: A Guide to 
     Managing Threatening Situations and to Creating Safe School 
     Climates'' to reflect the recommendations contained in the 
     report entitled

[[Page 28181]]

     ``Report to the President On Issues Raised by the Virginia 
     Tech Tragedy'', to include the need to provide schools with 
     guidance on how information can be shared legally under the 
     regulations issued under section 264(c) of the Health 
     Insurance Portability and Accountability Act and the Family 
     Educational Rights and Privacy Act.
        (b) Not later than 3 months after the date of enactment of 
     this Act, the Secretary of Education shall disseminate the 
     updated guidance under subsection (a) to institutions of 
     higher education and to State departments of education for 
     distribution to all local education agencies.
       Sec. 313. (a) Not later than May 31, 2009, the Comptroller 
     General of the United States shall submit a report to 
     Congress on the strategies utilized to assist students in 
     meeting State student academic achievement standards, 
     including achieving proficiency on State academic 
     assessments.
        (b) The report required under subsection (a) shall include 
     data collected from a representative sample of schools across 
     the Nation to determine the strategies utilized by schools to 
     prepare students to meet State student academic achievement 
     standards and achieve proficiency on State academic 
     assessments, including the following categories of 
     strategies:
       (1) Adjusting the structure of the school day, which may 
     include the expansion of the school day, or modifications in 
     the time spent on instruction in core academic subjects.
       (2) The professional development provided to teachers or 
     additional school personnel to assist low-performing 
     students.
       (3) Changes in the provision of instruction to students, 
     including targeting low-performing students for specialized 
     instruction or tutoring.
       (4) Utilizing types of instructional materials to prepare 
     students.
       (5) Instituting other State or local assessments.
       (6) Using other strategies to prepare students to meet 
     State student academic achievement standards and achieve 
     proficiency on State academic assessments.
       (c) The data collected pursuant to this section shall be 
     disaggregated by--
       (1) schools with a high percentage of students eligible for 
     a free or reduced price lunch under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.);
       (2) schools with a low percentage of students eligible for 
     a free or reduced price lunch under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.);
       (3) schools with a student enrollment consisting of a 
     majority of racial and ethnic minority students;
       (4) schools with a student enrollment consisting of a 
     majority of non-minority students;
       (5) urban schools;
       (6) suburban schools;
       (7) rural schools; and
       (8) schools identified as in need of improvement under 
     section 1116 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6316).
       (d) The representative sample described in subsection (b) 
     shall be designed in such a manner as to provide valid, 
     reliable, and accurate information as well as sufficient 
     sample sizes for each type of school described in subsection 
     (c).
       (e) The data collected under subsection (b) shall be 
     reported separately for the most common types of strategies, 
     in each of the categories listed in paragraphs (1) through 
     (6) of subsection (b), used by schools to prepare students to 
     meet State student academic achievement standards, including 
     achieving proficiency on State academic assessments.
       Sec. 314. Prior to January 1, 2008, the Secretary of 
     Education may not terminate any voluntary flexible agreement 
     under section 428A of the Higher Education Act of 1965 (20 
     U.S.C. 1078-1) that exists on the date of enactment of this 
     Act. With respect to an entity with which the Secretary of 
     Education has a voluntary flexible agreement under section 
     428A of the Higher Education Act of 1965 (20 U.S.C. 1078-1) 
     on the date of enactment of this Act that is not cost 
     neutral, if the Secretary terminates such agreement after 
     January 1, 2008, the Secretary of Education shall, not later 
     than December 31, 2008, negotiate to enter, and enter, into a 
     new voluntary flexible agreement with such entity so that the 
     agreement is cost neutral, unless such entity does not want 
     to enter into such agreement.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2008''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         Salaries and Expenses

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

             Corporation for National and Community Service


      National and Community Service Programs, Operating Expenses

                     (INCLUDING TRANSFER OF FUNDS)

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


                         SALARIES AND EXPENSES

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


                      OFFICE OF INSPECTOR GENERAL

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


                       ADMINISTRATIVE PROVISIONS

                     (including transfer of funds)

       Notwithstanding any other provision of law, the term 
     ``qualified student loan'' with respect to national service 
     education awards shall mean any loan determined by an 
     institution of higher education to be necessary to cover a 
     student's cost of attendance at such institution and made, 
     insured, or guaranteed directly to a student by a State 
     agency, in addition to other meanings under section 148(b)(7) 
     of the National and Community Service Act.
       Notwithstanding any other provision of law, funds made 
     available under section 129(d)(5)(B) of the National and 
     Community Service Act to assist entities in placing 
     applicants who are individuals with disabilities may be 
     provided to any entity that receives a grant under section 
     121 of the Act.
       The Inspector General of the Corporation for National and 
     Community Service shall conduct random audits of the grantees 
     that administer activities under the AmeriCorps programs and 
     shall levy sanctions in accordance with standard Inspector 
     General audit resolution procedures which include, but are 
     not limited to, debarment of any grantee (or successor in 
     interest or any entity with substantially the same person

[[Page 28182]]

     or persons in control) that has been determined to have 
     committed any substantial violations of the requirements of 
     the AmeriCorps programs, including any grantee that has been 
     determined to have violated the prohibition of using Federal 
     funds to lobby the Congress: Provided, That the Inspector 
     General shall obtain reimbursements in the amount of any 
     misused funds from any grantee that has been determined to 
     have committed any substantial violations of the requirements 
     of the AmeriCorps programs.
       For fiscal year 2008, the Corporation shall make any 
     significant changes to program requirements or policy only 
     through public notice and comment rulemaking. For fiscal year 
     2008, during any grant selection process, no officer or 
     employee of the Corporation shall knowingly disclose any 
     covered grant selection information regarding such selection, 
     directly or indirectly, to any person other than an officer 
     or employee of the Corporation that is authorized by the 
     Corporation to receive such information.
       Except as expressly provided herein, not to exceed 1 
     percent of any discretionary funds (pursuant to the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended) 
     which are appropriated for the Corporation in this Act may be 
     transferred between activities identified under this heading 
     in the committee report accompanying this Act, but no such 
     activity shall be increased by more than 3 percent by any 
     such transfer: Provided, That the Appropriations Committees 
     of both Houses of Congress are notified at least 15 days in 
     advance of any transfer.

                  Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service


                         Salaries and Expenses

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

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

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

                Institute of Museum and Library Services


    Office of Museum and Library Services: Grants and Administration

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

                  Medicare Payment Advisory Commission


                         salaries and expenses

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

        National Commission on Libraries and Information Science


                         Salaries and Expenses

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

                     National Council on Disability


                         Salaries and Expenses

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

                     National Labor Relations Board


                         Salaries and Expenses

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

                        National Mediation Board


                         Salaries and Expenses

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

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

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

                       Railroad Retirement Board


                     Dual Benefits Payments Account

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


          Federal Payments to the Railroad Retirement Accounts

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


                      Limitation on Administration

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


             Limitation on the Office of Inspector General

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

                     Social Security Administration


                Payments to Social Security Trust Funds

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

[[Page 28183]]




                  Supplemental Security Income Program

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


                 limitation on administrative expenses

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


                      Office of Inspector General

                     (including transfer of funds)

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

                                TITLE V

                           GENERAL PROVISIONS

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

[[Page 28184]]

     substance included in schedule I of the schedules of 
     controlled substances established by section 202 of the 
     Controlled Substances Act (21 U.S.C. 812).
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 511. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.
       Sec. 512. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 513. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 514. None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act (20 U.S.C. 9134(f)), as amended by the 
     Children's Internet Protections Act, unless such library has 
     made the certifications required by paragraph (4) of such 
     section.
       Sec. 515. None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the 
     Children's Internet Protections Act and the No Child Left 
     Behind Act, unless the local educational agency with 
     responsibility for such covered school has made the 
     certifications required by paragraph (2) of such section.
       Sec. 516. None of the funds appropriated in this Act may be 
     used to enter into an arrangement under section 7(b)(4) of 
     the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) 
     with a nongovernmental financial institution to serve as 
     disbursing agent for benefits payable under the Railroad 
     Retirement Act of 1974.
       Sec. 517. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2008, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;

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

     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming or of an announcement of intent relating to 
     such reprogramming, whichever occurs earlier.
       Sec. 518. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate scientific information that is 
     deliberately false or misleading.
       Sec. 519. The Secretaries of Labor, Health and Human 
     Services, and Education shall each prepare and submit to the 
     Committees on Appropriations of the Senate and of the House 
     of Representatives a report on the number and amount of 
     contracts, grants, and cooperative agreements exceeding 
     $100,000 in value and awarded by the Department on a non-
     competitive basis during each quarter of fiscal year 2008, 
     but not to include grants awarded on a formula basis. Such 
     report shall include the name of the contractor or grantee, 
     the amount of funding, and the governmental purpose. Such 
     report shall be transmitted to the Committees within 30 days 
     after the end of the quarter for which the report is 
     submitted.
       Sec. 520. Not later than 30 days after the date of 
     enactment of this Act, the Departments, agencies, and 
     commissions funded under this Act, shall establish and 
     maintain on the homepages of their Internet websites--
       (1) a direct link to the Internet websites of their Offices 
     of Inspectors General; and
       (2) a mechanism on the Offices of Inspectors General 
     website by which individuals may anonymously report cases of 
     waste, fraud, or abuse with respect to those Departments, 
     agencies, and commissions.
       Sec. 521. None of the funds made available under this Act 
     may be used to circumvent any statutory or administrative 
     formula-driven or competitive awarding process to award funds 
     to a project in response to a request from a Member of 
     Congress (or any employee of a Member or committee of 
     Congress), unless the specific project has been disclosed in 
     accordance with the rules of the Senate or House of 
     Representatives, as applicable.
       Sec. 522. (a) Notwithstanding any other provision of this 
     Act, none of the funds made available under the heading 
     ``office of museum and library services: grants and 
     administration'' under the heading ``Institute of Museum and 
     Library Services'' in title IV may be used for the Bethel 
     Performing Arts Center.
       (b) The amount made available under the heading ``office of 
     museum and library services: grants and administration'' 
     under the heading ``Institute of Museum and Library 
     Services'' in title IV is reduced by $1,000,000, and the 
     amount made available under the heading ``health resources 
     and services'' under the heading ``Health Resources and 
     Services Administration'' in title II is increased by 
     $336,500, which $336,500 shall be used to carry out title V 
     of the Social Security Act (42 U.S.C. 701 et seq.), in order 
     to provide additional funding for the maternal and child 
     health services program carried out under that title.
       Sec. 523. None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the three years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.
       Sec. 524. (a) Notwithstanding any other provision of this 
     Act, the amount appropriated under the heading ``limitation 
     on administrative expenses'' under the heading ``Social 
     Security Administration'' shall be increased by $150,000,000.
       (b) Section 1848(l)(2)(A) of the Social Security Act (42 
     U.S.C. 1395w-4(l)(2)(A)), as amended by section 6 of the TMA, 
     Abstinence Education, and QI Programs Extension Act of 2007 
     (Public Law 110-90), is amended by striking 
     ``$1,350,000,000'' and inserting ``$1,200,000,000, but in no 
     case shall expenditures from the Fund in fiscal year 2008 
     exceed $650,000,000'' in the first sentence.
       Sec. 525. (a) The Comptroller General of the United States 
     shall conduct a study to evaluate the Social Security 
     Administration's plan to reduce the hearing backlog for 
     disability claims at the Social Security Administration and 
     the Social Security Administration's current and planned 
     initiatives to improve the disability process, as contained 
     in the report submitted to the Senate on September 13, 2007, 
     pursuant to Senate Report 110-107.
       (b) Not later than 5 months after the date of enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report on the study conducted under 
     subsection (a), together with such recommendations as the 
     Comptroller General determines appropriate.
       Sec. 526. Not later than 9 months after the date of 
     enactment of this Act, the Government Accountability Office 
     shall submit a report to Congress that contains an assessment 
     of the process for hiring and managing administrative law 
     judges and makes recommendations on ways to improve the 
     hiring and management of administrative law judges.
       Sec. 527. None of the funds appropriated or otherwise made 
     available in this Act or any other Act making appropriations 
     to the agencies funded by this Act may be used to close or 
     otherwise cease to operate the field office of the Social 
     Security Administration located in Bristol,

[[Page 28185]]

     Connecticut, before the date on which the Commissioner of 
     Social Security submits to the appropriate committees of 
     Congress a comprehensive and detailed report outlining and 
     justifying the process for selecting field offices to be 
     closed. Such report shall include--
       (1) a thorough analysis of the criteria used for selecting 
     field offices for closure and how the Commissioner of Social 
     Security analyzes and considers factors relating to 
     transportation and communication burdens faced by elderly and 
     disabled citizens as a result of field office closures, 
     including the extent to which elderly citizens have access 
     to, and competence with, online services; and
       (2) for each field office proposed to be closed during 
     fiscal year 2007 or 2008, including the office located in 
     Bristol, Connecticut, a thorough cost-benefit analysis for 
     each such closure that takes into account--
       (A) the savings anticipated as a result of the closure;
       (B) the anticipated burdens placed on elderly and disabled 
     citizens; and
       (C) any costs associated with replacement services and 
     provisional contact stations.
       Sec. 528. Notwithstanding any other provision of this Act, 
     none of the funds appropriated in this Act may be allocated, 
     directed, or otherwise made available to cities that provide 
     safe haven to illegal drug users through the use of illegal 
     drug injection facilities.
       Sec. 529. Iraqi and Afghan aliens granted special immigrant 
     status under section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for 
     resettlement assistance, entitlement programs, and other 
     benefits available to refugees admitted under section 207 of 
     such Act (8 U.S.C. 1157) for a period not to exceed 6 months.
       Sec. 530. None of the funds appropriated by this Act may be 
     used by the Commissioner of Social Security or the Social 
     Security Administration to pay the compensation of employees 
     of the Social Security Administration to administer Social 
     Security benefit payments, under any agreement between the 
     United States and Mexico establishing totalization 
     arrangements between the social security system established 
     by title II of the Social Security Act and the social 
     security system of Mexico, which would not otherwise be 
     payable but for such agreement.
       Sec. 531. None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process claims for credit for quarters of coverage based 
     on work performed under a social security account number that 
     was not the claimant's number which is an offense prohibited 
     under section 208 of the Social Security Act (42 U.S.C. 408).
       Sec. 532. American Competitiveness Scholarship Program.--
     (a) Short Title.--This section may be cited as the ``American 
     Competitiveness Scholarship Act of 2007''.
       (b) Establishment.--The Director of the National Science 
     Foundation (referred to in this section as the ``Director'') 
     shall award scholarships to eligible individuals to enable 
     such individuals to pursue associate, undergraduate, or 
     graduate level degrees in mathematics, engineering, health 
     care, or computer science.
       (c) Eligibility.--
       (1) In general.--To be eligible to receive a scholarship 
     under this section, an individual shall--
       (A) be a citizen of the United States, a national of the 
     United States (as defined in section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a))), an alien 
     admitted as a refugee under section 207 of such Act (8 U.S.C. 
     1157), or an alien lawfully admitted to the United States for 
     permanent residence;
       (B) prepare and submit to the Director an application at 
     such time, in such manner, and containing such information as 
     the Director may require; and
       (C) certify to the Director that the individual intends to 
     use amounts received under the scholarship to enroll or 
     continue enrollment at an institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)) in order to pursue an associate, 
     undergraduate, or graduate level degree in mathematics, 
     engineering, computer science, nursing, medicine, or other 
     clinical medical program, or technology, or science program 
     designated by the Director.
       (2) Ability.--Awards of scholarships under this section 
     shall be made by the Director solely on the basis of the 
     ability of the applicant, except that in any case in which 2 
     or more applicants for scholarships are deemed by the 
     Director to be possessed of substantially equal ability, and 
     there are not sufficient scholarships available to grant one 
     to each of such applicants, the available scholarship or 
     scholarships shall be awarded to the applicants in a manner 
     that will tend to result in a geographically wide 
     distribution throughout the United States of recipients' 
     places of permanent residence.
       (d) Amount of Scholarship; Renewal.--
       (1) Amount of scholarship.--The amount of a scholarship 
     awarded under this section shall be $15,000 per year, except 
     that no scholarship shall be greater than the annual cost of 
     tuition and fees at the institution of higher education in 
     which the scholarship recipient is enrolled or will enroll.
       (2) Renewal.--The Director may renew a scholarship under 
     this section for an eligible individual for not more than 4 
     years.
       (e) Funding.--The Director shall carry out this section 
     only with funds made available under section 286(w) of the 
     Immigration and Nationality Act, as added by subsection (g).
       (f) Federal Register.--Not later than 60 days after the 
     date of the enactment of this Act, the Director shall publish 
     in the Federal Register a list of eligible programs of study 
     for a scholarship under this section.
       (g) Supplemental H-1b Nonimmigrant Petitioner Account; 
     Gifted and Talented Students Education Account.--Section 286 
     of the Immigration and Nationality Act (8 U.S.C. 1356) is 
     amended by adding at the end the following:
       ``(w) Supplemental H-1B Nonimmigrant Petitioner Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Supplemental H-1B Nonimmigrant Petitioner Account'. 
     Notwithstanding any other section of this Act, there shall be 
     deposited as offsetting receipts into the account 85.75 
     percent of the fees collected under section 214(c)(15)(B).
       ``(2) Use of fees for american competitiveness scholarship 
     program.--The amounts deposited into the Supplemental H-1B 
     Nonimmigrant Petitioner Account shall remain available to the 
     Director of the National Science Foundation until expended 
     for scholarships described in the American Competitiveness 
     Scholarship Act of 2007 for students enrolled in a program of 
     study leading to a degree in mathematics, engineering, health 
     care, or computer science.
       ``(x) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted and Talented Students Education Account'. There 
     shall be deposited as offsetting receipts into the account 
     14.25 percent of the fees collected under section 
     214(c)(15)(B).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''.
       (h) Supplemental and Deficit Reduction Fees.--Section 
     214(c) of the Immigration and Nationality Act (8 U.S.C. 
     1184(c)) is amended by adding at the end the following:
       ``(15)(A) Except as provided under subparagraph (D), if the 
     Attorney General, the Secretary of Homeland Security, or the 
     Secretary of State is required to impose a fee pursuant to 
     paragraph (9) or (11), the Attorney General, the Secretary of 
     Homeland Security, or the Secretary of State, as appropriate, 
     shall impose a supplemental fee and a deficit reduction fee 
     on the employer in addition to any other fee required by such 
     paragraph or any other provision of law, in the amounts 
     determined under subparagraph (B).
       ``(B) The amount of the supplemental fee shall be $3,500, 
     except that the fee shall be \1/2\ that amount for any 
     employer with not more than 25 full-time equivalent employees 
     who are employed in the United States (determined by 
     including any affiliate or subsidiary of such employer).
       ``(C) Of the amounts collected under subparagraph (B)--
       ``(i) 85.75 percent shall be deposited in the Treasury in 
     accordance with section 286(w); and
       ``(ii) 14.25 percent shall be deposited in the Treasury in 
     accordance with section 286(x).
       ``(D) Public hospitals, which are owned and operated by a 
     State or a political subdivision of a State shall not be 
     subject to the supplemental fees imposed under this 
     paragraph.''.
       Sec. 533. Section 106(d) of the American Competitiveness in 
     the Twenty-first Century Act of 2000 (Public Law 106-313; 8 
     U.S.C. 1153 note) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``1996, 1997,'' after ``available in 
     fiscal year''; and
       (B) by inserting ``group I,'' after ``schedule A,'';
       (2) in paragraph (2)(A), by inserting ``1996, 1997, and'' 
     after ``available in fiscal years''; and
       (3) by adding at the end the following:
       ``(4) Petitions.--The Secretary of Homeland Security shall 
     provide a process for reviewing and acting upon petitions 
     with respect to immigrants described in schedule A not later 
     than 30 days after the date on which a completed petition has 
     been filed.''.
       Sec. 534. (a) Fee for Recapture of Unused Employment-Based 
     Immigrant Visas.--Section 106(d) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note), as amended by 
     section 521, is further amended by adding at the end the 
     following:
       ``(5) Fee for recapture of unused employment-based 
     immigrant visas.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     impose a fee upon each petitioning employer who uses a visa 
     recaptured from fiscal years 1996 and 1997 under this 
     subsection to provide employment for an alien as a 
     professional nurse, provided that--
       ``(i) such fee shall be in the amount of $1,500 for each 
     such alien nurse (but not for dependents accompanying or 
     following to join who are not professional nurses); and
       ``(ii) no fee shall be imposed for the use of such visas if 
     the employer demonstrates to the Secretary that--

       ``(I) the employer is a health care facility that is 
     located in a county or parish that received individual and 
     public assistance pursuant to Major Disaster Declaration 
     number 1603 or 1607; or
       ``(II) the employer is a health care facility that has been 
     designated as a Health Professional Shortage Area facility by 
     the Secretary of

[[Page 28186]]

     Health and Human Services as defined in section 332 of the 
     Public Health Service Act (42 U.S.C. 254e).

       ``(B) Fee collection.--A fee imposed by the Secretary of 
     Homeland Security pursuant to this paragraph shall be 
     collected by the Secretary as a condition of approval of an 
     application for adjustment of status by the beneficiary of a 
     petition or by the Secretary of State as a condition of 
     issuance of a visa to such beneficiary.''.
       (b) Capitation Grants to Increase the Number of Nursing 
     Faculty and Students; Domestic Nursing Enhancement Account.--
     Part D of title VIII of the Public Health Service Act (42 
     U.S.C. 296p et seq.) is amended by adding at the end the 
     following:

     ``SEC. 832. CAPITATION GRANTS.

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

     ``SEC. 833. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

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

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

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security shall allow an 
     eligible alien and the spouse or child of such alien to 
     reside in a candidate country during the period that the 
     eligible alien is working as a physician or other health care 
     worker in a candidate country. During such period the 
     eligible alien and such spouse or child shall be considered--

[[Page 28187]]

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

``Sec. 317A. Temporary absence of aliens providing health care in 
              developing countries.''.

       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to U.S. Citizenship and Immigration 
     Services such sums as may be necessary to carry out this 
     subsection and the amendments made by this subsection.
       (d) Attestation by Health Care Workers.--
       (1) Attestation requirement.--Section 212(a)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is 
     amended by adding at the end the following:
       ``(E) Health care workers with other obligations.--
       ``(i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a physician or 
     other health care worker is inadmissible unless the alien 
     submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period in which the alien has an 
     outstanding obligation to the government of the alien's 
     country of origin or the alien's country of residence.
       ``(ii) Obligation defined.--In this subparagraph, the term 
     `obligation' means an obligation incurred as part of a valid, 
     voluntary individual agreement in which the alien received 
     financial assistance to defray the costs of education or 
     training to qualify as a physician or other health care 
     worker in consideration for a commitment to work as a 
     physician or other health care worker in the alien's country 
     of origin or the alien's country of residence.
       ``(iii) Waiver.--The Secretary of Homeland Security may 
     waive a finding of inadmissibility under clause (i) if the 
     Secretary determines that--

       ``(I) the obligation was incurred by coercion or other 
     improper means;
       ``(II) the alien and the government of the country to which 
     the alien has an outstanding obligation have reached a valid, 
     voluntary agreement, pursuant to which the alien's obligation 
     has been deemed satisfied, or the alien has shown to the 
     satisfaction of the Secretary that the alien has been unable 
     to reach such an agreement because of coercion or other 
     improper means; or
       ``(III) the obligation should not be enforced due to other 
     extraordinary circumstances, including undue hardship that 
     would be suffered by the alien in the absence of a waiver.''.

       (2) Effective date; application.--
       (A) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
       (B) Application by the secretary.--Not later than the 
     effective date described in subparagraph (A), the Secretary 
     of Homeland Security shall begin to carry out subparagraph 
     (E) of section 212(a)(5) of the Immigration and Nationality 
     Act, as added by paragraph (1), including the requirement for 
     the attestation and the granting of a waiver described in 
     clause (iii) of such subparagraph (E), regardless of whether 
     regulations to implement such subparagraph have been 
     promulgated.
       Sec. 535. None of the funds made available under this Act 
     may be used to purchase first class or premium airline travel 
     that would not be consistent with sections 301-10.123 and 
     301-10.124 of title 41 of the Code of Federal Regulations.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2008''.

                          ____________________