II 

★(Star Print) 

Calendar No. 238 

110TH CONGRESS 

1ST SESSION S. 1710 

[Report No. 110–107] 

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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2007 

Mr. HARKIN, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 


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1 Education, and Related Agencies for the fiscal year ending 

2 September 30, 2008, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF LABOR 

5 EMPLOYMENT AND TRAINING ADMINISTRATION

6 TRAINING AND EMPLOYMENT SERVICES

7 (INCLUDING RESCISSION)

8 For necessary expenses of the Workforce Investment 

9 Act of 1998 (WIA), the Denali Commission Act of 1998, 

10 and the Women in Apprenticeship and Non-Traditional 

11 Occupations Act of 1992, including the purchase and hire 

12 of passenger motor vehicles, the construction, alteration, 

13 and repair of buildings and other facilities, and the pur14 chase of real property for training centers as authorized 

15 by the WIA; $3,587,138,000, plus reimbursements, is 

16 available. Of the amounts provided: 

17 (1) for grants to States for adult employment 

18 and training activities, youth activities, and dis19 located worker employment and training activities, 

20 $2,994,510,000 as follows: 

21 (A) $864,199,000 for adult employment 

22 and training activities, of which $152,199,000 

23 shall be available for the period July 1, 2008 to 

24 June 30, 2009, and of which $712,000,000 

25 shall be available for the period October 1, 

26 2008 through June 30, 2009; 


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1 (B) $940,500,000 for youth activities, 

2 which shall be available for the period April 1, 

3 2008 through June 30, 2009; and 

4 (C) $1,189,811,000 for dislocated worker 

5 employment and training activities, of which 

6 $341,811,000 shall be available for the period 

7 July 1, 2008 through June 30, 2009, and of 

8 which $848,000,000 shall be available for the 

9 period October 1, 2008 through June 30, 2009: 

10 Provided, That notwithstanding the transfer limita11 tion under section 133(b)(4) of the WIA, up to 30 

12 percent of such funds may be transferred by a local 

13 board if approved by the Governor: 

14 (2) for federally administered programs, 

15 $481,540,000 as follows: 

16 (A) $282,092,000 for the dislocated work17 ers assistance national reserve, of which 

18 $3,700,000 shall be available on October 1, 

19 2007, of which $66,392,000 shall be available 

20 for the period July 1, 2008 through June 30, 

21 2009, and of which $212,000,000 shall be 

22 available for the period October 1, 2008 

23 through June 30, 2009: Provided, That up to 

24 $125,000,000 may be made available for Com25 munity-Based Job Training Grants from funds 


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1 reserved under section 132(a)(2)(A) of the WIA 

2 and shall be used to carry out such grants 

3 under section 171(d) of such Act, except that 

4 the 10 percent limitation otherwise applicable to 

5 the amount of funds that may be used to carry 

6 out section 171(d) shall not be applicable to 

7 funds used for Community-Based Job Training 

8 grants: Provided further, That funds provided to 

9 carry out section 132(a)(2)(A) of the WIA may 

10 be used to provide assistance to a State for 

11 State-wide or local use in order to address cases 

12 where there have been worker dislocations 

13 across multiple sectors or across multiple local 

14 areas and such workers remain dislocated; co15 ordinate the State workforce development plan 

16 with emerging economic development needs; and 

17 train such eligible dislocated workers: Provided 

18 further, That funds provided to carry out sec19 tion 171(d) of the WIA may be used for dem20 onstration projects that provide assistance to 

21 new entrants in the workforce and incumbent 

22 workers: Provided further, That $1,500,000 

23 shall be for a non-competitive grant to the 

24 AFL–CIO Working for America Institute, 

25 which shall be awarded not later than 30 days 


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1 after the date of enactment of this Act: Pro2 vided further, That $2,200,000 shall be for a 

3 non-competitive grant to the AFL–CIO Appa4 lachian Council, Incorporated, for Job Corps 

5 career transition services, which shall be award6 ed not later than 30 days after the date of en7 actment of this Act; 

8 (B) $53,696,000 for Native American pro9 grams, which shall be available for the period 

10 July 1, 2008 through June 30, 2009; 

11 (C) $79,752,000 for migrant and seasonal 

12 farmworkers, including $74,302,000 for for13 mula grants, $4,950,000 for migrant and sea14 sonal housing (of which not less than 70 per15 cent shall be for permanent housing), and 

16 $500,000 for other discretionary purposes, 

17 which shall be available for the period July 1, 

18 2008 through June 30, 2009: Provided, That, 

19 notwithstanding any other provision of law or 

20 related regulation, the Department shall take 

21 no action limiting the number or proportion of 

22 eligible participants receiving related assistance 

23 services or discouraging grantees from pro24 viding such services; 


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1 (D) $1,000,000 for carrying out the 

2 Women in Apprenticeship and Nontraditional 

3 Occupations Act, which shall be available for 

4 the period July 1, 2008 through June 30, 

5 2009; and 

6 (E) $65,000,000 for YouthBuild activities 

7 as described in section 173A of the WIA, which 

8 shall be available for the period April 1, 2008 

9 through June 30, 2009; 

10 (3) for national activities, $111,088,000, which 

11 shall be available for the period July 1, 2008 

12 through July 30, 2009 as follows: 

13 (A) $30,650,000 for Pilots, Demonstra14 tions, and Research, of which $27,650,000 shall 

15 be available for noncompetitive grants, with the 

16 terms, conditions and amounts specified in the 

17 committee report of the Senate accompanying 

18 this Act: Provided, That funding provided to 

19 carry out projects under section 171 of the 

20 WIA that are identified in the committee report 

21 accompanying this Act, shall not be subject to 

22 the requirements of section 171(b)(2)(B) and 

23 171(c)(4)(D) of the WIA, the joint funding re24 quirements of sections 171(b)(2)(A) and 

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1 quirements of sections 171(b)(2)(C) and 

2 171(c)(4)(B) of the WIA; 

3 (B) $13,642,000 for ex-offender activities, 

4 under the authority of section 171 of the Act, 

5 notwithstanding the requirements of sections 

6 171(b)(2)(B) or 171(c)(4)(D); 

7 (C) $4,921,000 for Evaluation under sec8 tion 172 of the WIA; and 

9 (D) $6,875,000 for the Denali Commis10 sion, which shall be available for the period 

11 July 1, 2008 through June 30, 2009. 

12 Of the amounts made available under this heading 

13 in Public Law 107–116 to carry out the activities of the 

14 National Skills Standards Board, $44,063 are hereby re15 scinded. 

16 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

17 AMERICANS

18 To carry out title V of the Older Americans Act of 

19 1965, as amended, $483,611,000, which shall be available 

20 for the period July 1, 2008 through June 30, 2009. 

21 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

22 For payments during fiscal year 2008 of trade ad23 justment benefit payments and allowances under part I 

24 of subchapter B of chapter II of the Trade Act of 1974 

25 and section 246 of that Act; and for training, allowances 

26 for job search and relocation, and related State adminisVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 trative expenses under part II of subchapter B of chapter 

2 2, title II of the Trade Act of 1974 (including the benefits 

3 and services described under sections 123(c)(2) and 

4 151(b) and (c) of the Trade Adjustment Assistance Re5 form Act of 2002, Public Law 107–210), $888,700,000, 

6 together with such amounts as may be necessary to be 

7 charged to the subsequent appropriation for payments for 

8 any period subsequent to September 15, 2008. 

9 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

10 SERVICE OPERATIONS

11 For authorized administrative expenses, 

12 $98,409,000, together with not to exceed $3,248,223,000 

13 which may be expended from the Employment Security 

14 Administration Account in the Unemployment Trust Fund 

15 (‘‘the Trust Fund’’), of which: 

16 (1) $2,510,723,000 from the Trust Fund is for 

17 grants to States for the administration of State un18 employment insurance laws as authorized under title 

19 III of the Social Security Act (including 

20 $10,000,000 to conduct in-person reemployment and 

21 eligibility assessments in one-stop career centers of 

22 claimants of unemployment insurance), the adminis23 tration of unemployment insurance for Federal em24 ployees and for ex-service members as authorized 

25 under sections 8501–8523 of title 5, United States 

26 Code, and the administration of trade readjustment 


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1 allowances and alternative trade adjustment assist2 ance under the Trade Act of 1974, and shall be 

3 available for obligation by the States through De4 cember 31, 2008, except that funds used for auto5 mation acquisitions shall be available for obligation 

6 by the States through September 30, 2010, and 

7 funds used for unemployment insurance workloads 

8 experienced by the States through September 30, 

9 2008 shall be available for Federal obligation 

10 through December 31, 2008; 

11 (2) $10,500,000 from the Trust Fund is for na12 tional activities necessary to support the administra13 tion of the Federal-State unemployment insurance 

14 system; 

15 (3) $693,000,000 from the Trust Fund, to16 gether with $22,883,000 from the General Fund of 

17 the Treasury, is for grants to States in accordance 

18 with section 6 of the Wagner-Peyser Act, and shall 

19 be available for Federal obligation for the period 

20 July 1, 2008 through June 30, 2009; 

21 (4) $34,000,000 from the Trust Fund is for na22 tional activities of the Employment Service, includ23 ing administration of the work opportunity tax cred24 it under section 51 of the Internal Revenue Code of 

25 1986, the administration of activities, including forVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 eign labor certifications, under the Immigration and 

2 Nationality Act, and the provision of technical as3 sistance and staff training under the Wagner-Peyser 

4 Act, including not to exceed $1,228,000 that may be 

5 used for amortization payments to States which had 

6 independent retirement plans in their State employ7 ment service agencies prior to 1980; 

8 (5) $55,985,000 from the General Fund is to 

9 provide workforce information, national electronic 

10 tools, and one-stop system building under the Wag11 ner-Peyser Act and shall be available for Federal ob12 ligation for the period July 1, 2008 through June 

13 30, 2009; and 

14 (6) $19,541,000 is to provide for work incentive 

15 grants to the States and shall be available for the 

16 period July 1, 2008 through June 30, 2009: 

17 Provided, That to the extent that the Average Weekly In18 sured Unemployment (AWIU) for fiscal year 2008 is pro19 jected by the Department of Labor to exceed 2,786,000, 

20 an additional $28,600,000 from the Trust Fund shall be 

21 available for obligation for every 100,000 increase in the 

22 AWIU level (including a pro rata amount for any incre23 ment less than 100,000) to carry out title III of the Social 

24 Security Act: Provided further, That funds appropriated 

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1 ties under title III of the Social Security Act may be used 

2 by such State to assist other States in carrying out activi3 ties under such title III if the other States include areas 

4 that have suffered a major disaster declared by the Presi5 dent under the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act: Provided further, That funds 

7 appropriated in this Act which are used to establish a na8 tional one-stop career center system, or which are used 

9 to support the national activities of the Federal-State un10 employment insurance or immigration programs, may be 

11 obligated in contracts, grants, or agreements with non12 State entities: Provided further, That funds appropriated 

13 under this Act for activities authorized under title III of 

14 the Social Security Act and the Wagner-Peyser Act may 

15 be used by States to fund integrated Unemployment In16 surance and Employment Service automation efforts, not17 withstanding cost allocation principles prescribed under 

18 the Office of Management and Budget Circular A–87. 

19 In addition, $40,000,000 from the Employment Se20 curity Administration Account of the Unemployment 

21 Trust Fund shall be available to conduct in-person reem22 ployment and eligibility assessments in one-stop career 

23 centers of claimants of unemployment insurance: Pro24 vided, That not later than 180 days following the end of 

25 the current fiscal year, the Secretary shall submit an inVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 terim report to the Congress that includes available infor2 mation on expenditures, number of individuals assessed, 

3 and outcomes from the assessments: Provided further, 

4 That not later than 18 months following the end of the 

5 fiscal year, the Secretary of Labor shall submit to the 

6 Congress a final report containing comprehensive informa7 tion on the estimated savings that result from the assess8 ments of claimants and identification of best practices. 

9 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

10 OTHER FUNDS

11 For repayable advances to the Unemployment Trust 

12 Fund as authorized by sections 905(d) and 1203 of the 

13 Social Security Act, as amended, and to the Black Lung 

14 Disability Trust Fund as authorized by section 9501(c)(1) 

15 of the Internal Revenue Code of 1954, as amended; and 

16 for nonrepayable advances to the Unemployment Trust 

17 Fund as authorized by section 8509 of title 5, United 

18 States Code, and to the ‘‘Federal unemployment benefits 

19 and allowances’’ account, to remain available until Sep20 tember 30, 2009, $437,000,000. 

21 In addition, for making repayable advances to the 

22 Black Lung Disability Trust Fund in the current fiscal 

23 year after September 15, 2008, for costs incurred by the 

24 Black Lung Disability Trust Fund in the current fiscal 

25 year, such sums as may be necessary. 


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1 PROGRAM ADMINISTRATION

2 For expenses of administering employment and train3 ing programs, $91,133,000, together with not to exceed 

4 $94,372,000, which may be expended from the Employ5 ment Security Administration Account in the Unemploy6 ment Trust Fund. 

7 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Employee Benefits 

10 Security Administration, $143,262,000. 

11 PENSION BENEFIT GUARANTY CORPORATION

12 PENSION BENEFIT GUARANTY CORPORATION FUND

13 The Pension Benefit Guaranty Corporation is author14 ized to make such expenditures, including financial assist15 ance authorized by section 104 of Public Law 96–364, 

16 within limits of funds and borrowing authority available 

17 to such Corporation, and in accord with law, and to make 

18 such contracts and commitments without regard to fiscal 

19 year limitations as provided by section 104 of the Govern20 ment Corporation Control Act, as amended (31 U.S.C. 

21 9104), as may be necessary in carrying out the program, 

22 including associated administrative expenses, through 

23 September 30, 2008, for such Corporation: Provided, That 

24 none of the funds available to the Corporation for fiscal 

25 year 2008 shall be available for obligations for administraVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 tive expenses in excess of $411,151,000: Provided further, 

2 That obligations in excess of such amount may be incurred 

3 after approval by the Office of Management and Budget 

4 and the Committees on Appropriations of the House and 

5 Senate: Provided further, That to the extent that the num6 ber of new plan participants in plans terminated by the 

7 Corporation exceeds 100,000 in fiscal year 2008, an 

8 amount not to exceed an additional $9,200,000 shall be 

9 available for obligation for administrative expenses for 

10 every 20,000 additional terminated participants: Provided 

11 further, That an additional $50,000 shall be made avail12 able for obligation for investment management fees for 

13 every $25,000,000 in assets received by the Corporation 

14 as a result of new plan terminations, after approval by 

15 the Office of Management and Budget and notification of 

16 the Committees on Appropriations of the House of Rep17 resentatives and the Senate. 

18 EMPLOYMENT STANDARDS ADMINISTRATION

19 SALARIES AND EXPENSES

20 (INCLUDING RESCISSION)

21 For necessary expenses for the Employment Stand22 ards Administration, including reimbursement to State, 

23 Federal, and local agencies and their employees for inspec24 tion services rendered, $436,397,000, together with 

25 $2,111,000 which may be expended from the Special Fund 

26 in accordance with sections 39(c), 44(d), and 44(j) of the 


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1 Longshore and Harbor Workers’ Compensation Act: Pro2 vided, That the Secretary of Labor is authorized to estab3 lish and, in accordance with 31 U.S.C. 3302, collect and 

4 deposit in the Treasury fees for processing applications 

5 and issuing certificates under sections 11(d) and 14 of the 

6 Fair Labor Standards Act of 1938, as amended (29 

7 U.S.C. 211(d) and 214) and for processing applications 

8 and issuing registrations under title I of the Migrant and 

9 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

10 1801 et seq.). 

11 Of the unobligated funds collected pursuant to sec12 tion 286(v) of the Immigration and Nationality Act, 

13 $70,000,000 are hereby rescinded. 

14 SPECIALBENEFITS

15 (INCLUDING TRANSFER OF FUNDS)

16 For the payment of compensation, benefits, and ex17 penses (except administrative expenses) accruing during 

18 the current or any prior fiscal year authorized by title 5, 

19 chapter 81 of the United States Code; continuation of ben20 efits as provided for under the heading ‘‘Civilian War Ben21 efits’’ in the Federal Security Agency Appropriation Act, 

22 1947; the Employees’ Compensation Commission Appro23 priation Act, 1944; sections 4(c) and 5(f) of the War 

24 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per25 cent of the additional compensation and benefits required 

26 by section 10(h) of the Longshore and Harbor Workers’ 


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1 Compensation Act, as amended, $203,000,000, together 

2 with such amounts as may be necessary to be charged to 

3 the subsequent year appropriation for the payment of 

4 compensation and other benefits for any period subse5 quent to August 15 of the current year: Provided, That 

6 amounts appropriated may be used under section 8104 of 

7 title 5, United States Code, by the Secretary of Labor to 

8 reimburse an employer, who is not the employer at the 

9 time of injury, for portions of the salary of a reemployed, 

10 disabled beneficiary: Provided further, That balances of re11 imbursements unobligated on September 30, 2007, shall 

12 remain available until expended for the payment of com13 pensation, benefits, and expenses: Provided further, That 

14 in addition there shall be transferred to this appropriation 

15 from the Postal Service and from any other corporation 

16 or instrumentality required under section 8147(c) of title 

17 5, United States Code, to pay an amount for its fair share 

18 of the cost of administration, such sums as the Secretary 

19 determines to be the cost of administration for employees 

20 of such fair share entities through September 30, 2008: 

21 Provided further, That of those funds transferred to this 

22 account from the fair share entities to pay the cost of ad23 ministration of the Federal Employees’ Compensation Act, 

24 $52,280,000 shall be made available to the Secretary as 

25 follows: 


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1 (1) For enhancement and maintenance of auto2 mated data processing systems and telecommuni3 cations systems, $21,855,000. 

4 (2) For automated workload processing oper5 ations, including document imaging, centralized mail 

6 intake and medical bill processing, $16,109,000. 

7 (3) For periodic roll management and medical 

8 review, $14,316,000. 

9 (4) The remaining funds shall be paid into the 

10 Treasury as miscellaneous receipts: 

11 Provided further, That the Secretary may require that any 

12 person filing a notice of injury or a claim for benefits 

13 under chapter 81 of title 5, United States Code, or 33 

14 U.S.C. 901 et seq., provide as part of such notice and 

15 claim, such identifying information (including Social Secu16 rity account number) as such regulations may prescribe. 

17 SPECIALBENEFITS FOR DISABLED COALMINERS

18 For carrying out title IV of the Federal Mine Safety 

19 and Health Act of 1977, as amended by Public Law 107– 

20 275 (the ‘‘Act’’), $208,221,000, to remain available until 

21 expended. 

22 For making after July 31 of the current fiscal year, 

23 benefit payments to individuals under title IV of the Act, 

24 for costs incurred in the current fiscal year, such amounts 

25 as may be necessary. 


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1 For making benefit payments under title IV for the 

2 first quarter of fiscal year 2009, $62,000,000, to remain 

3 available until expended. 

4 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

5 OCCUPATIONAL ILLNESS COMPENSATION FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to administer the Energy 

8 Employees Occupational Illness Compensation Program 

9 Act, $104,745,000, to remain available until expended: 

10 Provided, That the Secretary of Labor is authorized to 

11 transfer to any executive agency with authority under the 

12 Energy Employees Occupational Illness Compensation 

13 Program Act, including within the Department of Labor, 

14 such sums as may be necessary in fiscal year 2008 to 

15 carry out those authorities: Provided further, That the 

16 Secretary may require that any person filing a claim for 

17 benefits under the Act provide as part of such claim, such 

18 identifying information (including Social Security account 

19 number) as may be prescribed: Provided further, That not 

20 later than 30 days after enactment, in addition to other 

21 sums transferred by the Secretary of Labor to the Na22 tional Institute for Occupational Safety and Health 

23 (‘‘NIOSH’’) for the administration of the Energy Employ24 ees Occupational Illness Compensation Program 

25 (‘‘EEOICP’’), the Secretary of Labor shall transfer 

26 $4,500,000 to NIOSH from the funds appropriated to the 


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1 Energy Employees Occupational Illness Compensation 

2 Fund (42 U.S.C. 7384e), for use by or in support of the 

3 Advisory Board on Radiation and Worker Health (‘‘the 

4 Board’’) to carry out its statutory responsibilities under 

5 the EEOICP (42 U.S.C. 7384n–q), including obtaining 

6 audits, technical assistance and other support from the 

7 Board’s audit contractor with regard to radiation dose es8 timation and reconstruction efforts, site profiles, proce9 dures, and review of Special Exposure Cohort petitions 

10 and evaluation reports. 

11 BLACK LUNG DISABILITY TRUST FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 In fiscal year 2008 and thereafter, such sums as may 

14 be necessary from the Black Lung Disability Trust Fund, 

15 to remain available until expended, for payment of all ben16 efits authorized by section 9501(d)(1), (2), (4), and (7) 

17 of the Internal Revenue Code of 1954, as amended; and 

18 interest on advances, as authorized by section 9501(c)(2) 

19 of that Act. In addition, the following amounts shall be 

20 available from the Fund for fiscal year 2008 for expenses 

21 of operation and administration of the Black Lung Bene22 fits program, as authorized by section 9501(d)(5): not to 

23 exceed $32,761,000 for transfer to the Employment 

24 Standards Administration ‘‘Salaries and Expenses’’; not 

25 to exceed $24,785,000 for transfer to Departmental Man26 agement, ‘‘Salaries and Expenses’’; not to exceed 


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1 $335,000 for transfer to Departmental Management ‘‘Of2 fice of Inspector General’’; and not to exceed $356,000 

3 for payments into miscellaneous receipts for the expenses 

4 of the Department of the Treasury. 

5 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses for the Occupational Safety 

8 and Health Administration, $498,445,000, including not 

9 to exceed $91,093,000 which shall be the maximum 

10 amount available for grants to States under section 23(g) 

11 of the Occupational Safety and Health Act (the ‘‘Act’’), 

12 which grants shall be no less than 50 percent of the costs 

13 of State occupational safety and health programs required 

14 to be incurred under plans approved by the Secretary 

15 under section 18 of the Act; and, in addition, notwith16 standing 31 U.S.C. 3302, the Occupational Safety and 

17 Health Administration may retain up to $750,000 per fis18 cal year of training institute course tuition fees, otherwise 

19 authorized by law to be collected, and may utilize such 

20 sums for occupational safety and health training and edu21 cation grants: Provided, That, notwithstanding 31 U.S.C. 

22 3302, the Secretary of Labor is authorized, during the fis23 cal year ending September 30, 2008, to collect and retain 

24 fees for services provided to Nationally Recognized Test25 ing Laboratories, and may utilize such sums, in accordVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 ance with the provisions of 29 U.S.C. 9a, to administer 

2 national and international laboratory recognition pro3 grams that ensure the safety of equipment and products 

4 used by workers in the workplace: Provided further, That 

5 none of the funds appropriated under this paragraph shall 

6 be obligated or expended to prescribe, issue, administer, 

7 or enforce any standard, rule, regulation, or order under 

8 the Act which is applicable to any person who is engaged 

9 in a farming operation which does not maintain a tem10 porary labor camp and employs 10 or fewer employees: 

11 Provided further, That no funds appropriated under this 

12 paragraph shall be obligated or expended to administer or 

13 enforce any standard, rule, regulation, or order under the 

14 Act with respect to any employer of 10 or fewer employees 

15 who is included within a category having a Days Away, 

16 Restricted, or Transferred (DART) occupational injury 

17 and illness rate, at the most precise industrial classifica18 tion code for which such data are published, less than the 

19 national average rate as such rates are most recently pub20 lished by the Secretary, acting through the Bureau of 

21 Labor Statistics, in accordance with section 24 of that Act 

22 (29 U.S.C. 673), except— 

23 (1) to provide, as authorized by such Act, con24 sultation, technical assistance, educational and train25 ing services, and to conduct surveys and studies; 


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1 (2) to conduct an inspection or investigation in 

2 response to an employee complaint, to issue a cita3 tion for violations found during such inspection, and 

4 to assess a penalty for violations which are not cor5 rected within a reasonable abatement period and for 

6 any willful violations found; 

7 (3) to take any action authorized by such Act 

8 with respect to imminent dangers; 

9 (4) to take any action authorized by such Act 

10 with respect to health hazards; 

11 (5) to take any action authorized by such Act 

12 with respect to a report of an employment accident 

13 which is fatal to one or more employees or which re14 sults in hospitalization of two or more employees, 

15 and to take any action pursuant to such investiga16 tion authorized by such Act; and 

17 (6) to take any action authorized by such Act 

18 with respect to complaints of discrimination against 

19 employees for exercising rights under such Act: 

20 Provided further, That the foregoing proviso shall not 

21 apply to any person who is engaged in a farming operation 

22 which does not maintain a temporary labor camp and em23 ploys 10 or fewer employees: Provided further, That 

24 $10,116,000 shall be available for Susan Harwood train25 ing grants, of which $3,200,000 shall be used for the InVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 stitutional Competency Building training grants which 

2 commenced in September 2000, for program activities for 

3 the period of October 1, 2007, to September 30, 2008, 

4 provided that a grantee has demonstrated satisfactory per5 formance: Provided further, That such grants shall be 

6 awarded not later than 30 days after the date of enact7 ment of this Act. 

8 MINE SAFETY AND HEALTH ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Mine Safety and 

11 Health Administration, $330,028,000, including purchase 

12 and bestowal of certificates and trophies in connection 

13 with mine rescue and first-aid work, and the hire of pas14 senger motor vehicles, including up to $2,000,000 for 

15 mine rescue and recovery activities, $2,200,000 for an 

16 award to the United Mine Workers Association, for class17 room and simulated rescue training for mine rescue teams, 

18 and $1,350,000 for an award to the Wheeling Jesuit Uni19 versity, for the National Technology Transfer Center for 

20 a coal slurry impoundment project; in addition, not to ex21 ceed $750,000 may be collected by the National Mine 

22 Health and Safety Academy for room, board, tuition, and 

23 the sale of training materials, otherwise authorized by law 

24 to be collected, to be available for mine safety and health 

25 education and training activities, notwithstanding 31 


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1 U.S.C. 3302; and, in addition, the Mine Safety and Health 

2 Administration may retain up to $1,000,000 from fees col3 lected for the approval and certification of equipment, ma4 terials, and explosives for use in mines, and may utilize 

5 such sums for such activities; the Secretary is authorized 

6 to accept lands, buildings, equipment, and other contribu7 tions from public and private sources and to prosecute 

8 projects in cooperation with other agencies, Federal, 

9 State, or private; the Mine Safety and Health Administra10 tion is authorized to promote health and safety education 

11 and training in the mining community through cooperative 

12 programs with States, industry, and safety associations; 

13 the Secretary is authorized to recognize the Joseph A. 

14 Holmes Safety Association as a principal safety associa15 tion and, notwithstanding any other provision of law, may 

16 provide funds and, with or without reimbursement, per17 sonnel, including service of Mine Safety and Health Ad18 ministration officials as officers in local chapters or in the 

19 national organization; and any funds available to the de20 partment may be used, with the approval of the Secretary, 

21 to provide for the costs of mine rescue and survival oper22 ations in the event of a major disaster. 


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1 BUREAU OF LABOR STATISTICS

2 SALARIES AND EXPENSES

3 For necessary expenses for the Bureau of Labor Sta4 tistics, including advances or reimbursements to State, 

5 Federal, and local agencies and their employees for serv6 ices rendered, $482,000,000, together with not to exceed 

7 $78,000,000, which may be expended from the Employ8 ment Security Administration Account in the Unemploy9 ment Trust Fund, of which $5,000,000 may be used to 

10 fund the mass layoff statistics program under section 15 

11 of the Wagner-Peyser Act (29 U.S.C. 49l–2): Provided, 

12 That the Current Employment Survey shall maintain the 

13 content of the survey issued prior to June 2005 with re14 spect to the collection of data for the women worker series. 

15 OFFICE OF DISABILITY EMPLOYMENT POLICY

16 SALARIES AND EXPENSES

17 For necessary expenses for the Office of Disability 

18 Employment Policy to provide leadership, develop policy 

19 and initiatives, and award grants furthering the objective 

20 of eliminating barriers to the training and employment of 

21 people with disabilities, $27,712,000. 

22 DEPARTMENTAL MANAGEMENT

23 SALARIES AND EXPENSES

24 For necessary expenses for Departmental Manage25 ment, including the hire of three sedans, and including 


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1 the management or operation, through contracts, grants 

2 or other arrangements of Departmental activities con3 ducted by or through the Bureau of International Labor 

4 Affairs, including bilateral and multilateral technical as5 sistance and other international labor activities, 

6 $313,400,000, of which $82,516,000 is for the Bureau of 

7 International Labor Affairs, and of which $22,000,000 is 

8 for the acquisition of Departmental information tech9 nology, architecture, infrastructure, equipment, software 

10 and related needs, which will be allocated by the Depart11 ment’s Chief Information Officer in accordance with the 

12 Department’s capital investment management process to 

13 assure a sound investment strategy; together with not to 

14 exceed $318,000, which may be expended from the Em15 ployment Security Administration Account in the Unem16 ployment Trust Fund. 

17 OFFICE OF JOB CORPS

18 To carry out subtitle C of title I of the Workforce 

19 Investment Act of 1998 (29 U.S.C. 2881 et. seq.), includ20 ing Federal administrative expenses, the purchase and 

21 hire of passenger motor vehicles, the construction, alter22 ation and repairs of buildings and other facilities, and the 

23 purchase of real property for training centers as author24 ized by the Workforce Investment Act; $1,659,872,000, 

25 plus reimbursements, as follows: 


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1 (1) $1,516,000,000 for Job Corps Operations, 

2 of which $925,000,000 is available for obligation for 

3 the period July 1, 2008 through June 30, 2009 and 

4 of which $591,000,000 is available for obligation for 

5 the period October 1, 2008 through June 30, 2009; 

6 (2) $115,000,000 for construction, rehabilita7 tion and acquisition of Job Corps Centers, of which 

8 $15,000,000 is available for the period July 1, 2008 

9 through June 30, 2009 and $100,000,000 is avail10 able for the period October 1, 2008 through June 

11 30, 2011; and 

12 (3) $28,872,000 for necessary expenses of the 

13 Office of Job Corps is available for obligation for the 

14 period October 1, 2007 through September 30, 

15 2008: 

16 Provided, That the Office of Job Corps shall have con17 tracting authority: Provided further, That no funds from 

18 any other appropriation shall be used to provide meal serv19 ices at or for Job Corps centers: Provided further, That 

20 none of the funds made available in this Act shall be used 

21 to reduce Job Corps total student training slots below 

22 44,791 in program year 2008. 

23 VETERANS EMPLOYMENT AND TRAINING

24 Not to exceed $197,143,000 may be derived from the 

25 Employment Security Administration Account in the Un26 employment Trust Fund to carry out the provisions of 38 


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1 U.S.C. 4100–4113, 4211–4215, and 4321–4327, and 

2 Public Law 103–353, and which shall be available for obli3 gation by the States through December 31, 2008, of which 

4 $1,967,000 is for the National Veterans’ Employment and 

5 Training Services Institute. To carry out the Homeless 

6 Veterans Reintegration Programs (38 U.S.C. 2021) and 

7 the Veterans Workforce Investment Programs (29 U.S.C. 

8 2913), $31,055,000, of which $7,435,000 shall be avail9 able for obligation for the period July 1, 2008, through 

10 June 30, 2009. 

11 OFFICE OF INSPECTOR GENERAL

12 For salaries and expenses of the Office of Inspector 

13 General in carrying out the provisions of the Inspector 

14 General Act of 1978, as amended, $73,929,000, together 

15 with not to exceed $5,729,000, which may be expended 

16 from the Employment Security Administration Account in 

17 the Unemployment Trust Fund. 

18 GENERAL PROVISIONS

19 SEC. 101. None of the funds appropriated in this Act 

20 for the Job Corps shall be used to pay the salary of an 

21 individual, either as direct costs or any proration as an 

22 indirect cost, at a rate in excess of Executive Level I. 

23 (TRANSFER OF FUNDS)

24 SEC. 102. Not to exceed 1 percent of any discre25 tionary funds (pursuant to the Balanced Budget and 

26 Emergency Deficit Control Act of 1985, as amended) 


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1 which are appropriated for the current fiscal year for the 

2 Department of Labor in this Act may be transferred be3 tween a program, project, or activity, but no such pro4 gram, project, or activity shall be increased by more than 

5 3 percent by any such transfer: Provided, That a program, 

6 project, or activity may be increased by up to an additional 

7 2 percent subject to approval by the House and Senate 

8 Committees on Appropriations: Provided further, That the 

9 transfer authority granted by this section shall be avail10 able only to meet emergency needs and shall not be used 

11 to create any new program or to fund any project or activ12 ity for which no funds are provided in this Act: Provided 

13 further, That the Appropriations Committees of both 

14 Houses of Congress are notified at least 15 days in ad15 vance of any transfer. 

16 SEC. 103. In accordance with Executive Order No. 

17 13126, none of the funds appropriated or otherwise made 

18 available pursuant to this Act shall be obligated or ex19 pended for the procurement of goods mined, produced, 

20 manufactured, or harvested or services rendered, whole or 

21 in part, by forced or indentured child labor in industries 

22 and host countries already identified by the United States 

23 Department of Labor prior to enactment of this Act. 

24 SEC. 104. There is authorized to be appropriated 

25 such sums as may be necessary to the Denali Commission 


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1 through the Department of Labor to conduct job training 

2 of the local workforce where Denali Commission projects 

3 will be constructed. 

4 SEC. 105. The Secretary shall prepare and submit 

5 not later than July 1, 2008, to the Committees on Appro6 priations of the Senate and of the House an operating 

7 plan that outlines the planned allocation by major project 

8 and activity of fiscal year 2008 funds made available for 

9 section 171 of the Workforce Investment Act. 

10 SEC. 106. None of the funds available in this Act or 

11 available to the Secretary of Labor from other sources for 

12 Community College Initiative Grants, Community-Based 

13 Job Training Grants, and grants authorized under section 

14 414(c) of the American Competitiveness and Workforce 

15 Improvement Act of 1998 shall be obligated for a grant 

16 awarded on a non-competitive basis. 

17 SEC. 107. None of the funds made available in this 

18 or any other Act shall be available to finalize or implement 

19 any proposed regulation under the Workforce Investment 

20 Act of 1998, Wagner-Peyser Act of 1933, or the Trade 

21 Adjustment Assistance Reform Act of 2002 until such 

22 time as legislation reauthorizing the Workforce Invest23 ment Act of 1998 and the Trade Adjustment Assistance 

24 Reform Act of 2002 is enacted. 


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1 SEC. 108. The Secretary of Labor shall take no ac2 tion to amend, through regulatory or administration ac3 tion, the definition established in 20 CFR 667.220 for 

4 functions and activities under title I of the Workforce In5 vestment Act of 1998, or to modify, through regulatory 

6 or administrative action, the procedure for redesignation 

7 of local areas as specified in subtitle B of title I of that 

8 Act (including applying the standards specified in section 

9 116(a)(3)(B) of that Act, but notwithstanding the time 

10 limits specified in section 116(a)(3)(B) of that Act), until 

11 such time as legislation reauthorizing the Act is enacted. 

12 Nothing in the preceding sentence shall permit or require 

13 the Secretary of Labor to withdraw approval for such re14 designation from a State that received the approval not 

15 later than October 12, 2005, or to revise action taken or 

16 modify the redesignation procedure being used by the Sec17 retary in order to complete such redesignation for a State 

18 that initiated the process of such redesignation by submit19 ting any request for such redesignation not later than Oc20 tober 26, 2005. 

21 SEC. 109. None of the funds available in this Act may 

22 be used to carry out a public-private competition or direct 

23 conversion under Office of Management and Budget Cir24 cular A–76 or any successor administrative regulation, di25 rective or policy until 60 days after the Government AcVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 countability Office provides a report to the Committees on 

2 Appropriations of the House of Representatives and the 

3 Senate on the use of competitive sourcing at the Depart4 ment of Labor. 

5 SEC. 110. (a) Not later than June 20, 2008, the Sec6 retary of Labor shall revise regulations prescribed pursu7 ant to section 303(y) of the Federal Mine Safety and 

8 Health Act of 1977 (30 U.S.C. 863(y)) to require, in any 

9 coal mine, regardless of the date on which it was opened, 

10 that belt haulage entries not be used to ventilate active 

11 working places without prior approval from the Assistant 

12 Secretary of Labor. 

13 (b) Not later than June 15, 2008, the Secretary of 

14 Labor shall issue regulations, pursuant to the design cri15 teria recommended by the National Institute of Occupa16 tional Safety and Health and section 13 of the MINER 

17 Act (Public Law 109–236), requiring installation of rescue 

18 chambers in the working areas of underground coal mines. 

19 SEC. 111. None of the funds appropriated in this Act 

20 under the heading ‘‘Employment and Training Adminis21 tration’’ shall be used by a recipient or subrecipient of 

22 such funds to pay the salary and bonuses of an individual, 

23 either as direct costs or indirect costs, at a rate in excess 

24 of Executive Level II. This limitation shall not apply to 

25 vendors providing goods and services as defined in OMB 


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1 Circular A–133. Where States are recipients of such 

2 funds, States may establish a lower limit for salaries and 

3 bonuses of those receiving salaries and bonuses from sub4 recipients of such funds, taking into account factors in5 cluding the relative cost-of-living in the State, the com6 pensation levels for comparable State or local government 

7 employees, and the size of the organizations that admin8 ister Federal programs involved including Employment 

9 and Training Administration programs. 

10 This title may be cited as the ‘‘Department of Labor 

11 Appropriations Act, 2008’’. 

12 TITLE II 

13 DEPARTMENT OF HEALTH AND HUMAN 

14 SERVICES 

15 HEALTH RESOURCES AND SERVICES ADMINISTRATION

16 HEALTH RESOURCES AND SERVICES

17 For carrying out titles II, III, IV, VII, VIII, X, XII, 

18 XIX, and XXVI of the Public Health Service Act, section 

19 427(a) of the Federal Coal Mine Health and Safety Act, 

20 title V and sections 1128E, and 711, and 1820 of the So21 cial Security Act, the Health Care Quality Improvement 

22 Act of 1986, as amended, the Native Hawaiian Health 

23 Care Act of 1988, as amended, the Cardiac Arrest Sur24 vival Act of 2000, and section 712 of the American Jobs 

25 Creation Act of 2004, $6,843,673,000, of which 


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1 $191,235,000 shall be available for construction and ren2 ovation (including equipment) of health care and other fa3 cilities and other health-related activities as specified in 

4 the committee report of the Senate accompanying this Act, 

5 and of which $38,538,000 from general revenues, notwith6 standing section 1820(j) of the Social Security Act, shall 

7 be available for carrying out the Medicare rural hospital 

8 flexibility grants program under section 1820 of such Act: 

9 Provided, That of the funds made available under this 

10 heading, $220,000 shall be available until expended for 

11 facilities renovations at the Gillis W. Long Hansen’s Dis12 ease Center: Provided further, That $40,000,000 of the 

13 funding provided for community health centers shall be 

14 for base grant adjustments for existing health centers: 

15 Provided further, That in addition to fees authorized by 

16 section 427(b) of the Health Care Quality Improvement 

17 Act of 1986, fees shall be collected for the full disclosure 

18 of information under the Act sufficient to recover the full 

19 costs of operating the National Practitioner Data Bank, 

20 and shall remain available until expended to carry out that 

21 Act: Provided further, That fees collected for the full dis22 closure of information under the ‘‘Health Care Fraud and 

23 Abuse Data Collection Program’’, authorized by section 

24 1128E(d)(2) of the Social Security Act, shall be sufficient 

25 to recover the full costs of operating the program, and 


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1 shall remain available until expended to carry out that 

2 Act: Provided further, That no more than $40,000 is avail3 able until expended for carrying out the provisions of 42 

4 U.S.C. 233(o) including associated administrative ex5 penses and relevant evaluations: Provided further, That no 

6 more than $44,055,000 is available until expended for car7 rying out the provisions of Public Law 104–73 and for 

8 expenses incurred by the Department of Health and 

9 Human Services pertaining to administrative claims made 

10 under such law: Provided further, That of the funds made 

11 available under this heading, $300,000,000 shall be for 

12 the program under title X of the Public Health Service 

13 Act to provide for voluntary family planning projects: Pro14 vided further, That amounts provided to said projects 

15 under such title shall not be expended for abortions, that 

16 all pregnancy counseling shall be nondirective, and that 

17 such amounts shall not be expended for any activity (in18 cluding the publication or distribution of literature) that 

19 in any way tends to promote public support or opposition 

20 to any legislative proposal or candidate for public office: 

21 Provided further, That $814,546,000 shall be for State 

22 AIDS Drug Assistance Programs authorized by section 

23 2616 of the Public Health Service Act: Provided further, 

24 That in addition to amounts provided herein, $25,000,000 

25 shall be available from amounts available under section 


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1 241 of the Public Health Service Act to carry out Parts 

2 A, B, C, and D of title XXVI of the Public Health Service 

3 Act to fund section 2691 Special Projects of National Sig4 nificance: Provided further, That, notwithstanding section 

5 502(a)(1) and 502(b)(1) of the Social Security Act, not 

6 to exceed $95,936,920 is available for carrying out special 

7 projects of regional and national significance pursuant to 

8 section 501(a)(2) of such Act and $10,586,238 is available 

9 for projects described in paragraphs (A) through (F) of 

10 section 501(a)(3) of such Act: Provided further, That of 

11 the funds provided, $39,283,000 shall be provided to the 

12 Denali Commission as a direct lump payment pursuant 

13 to Public Law 106–113: Provided further, That of the 

14 funds available under this heading, $1,829,511,000 shall 

15 remain available to the Secretary until September 30, 

16 2010, for parts A and B of title XXVI of the Public 

17 Health Service Act (42 U.S.C. 300ff–11 et seq.; relating 

18 to Ryan White Emergency Relief Grants and CARE 

19 Grants): Provided further, That of the funds provided, 

20 $25,000,000 shall be provided for the Delta Health Initia21 tive as authorized in section 222 of this Act and associated 

22 administrative expenses: Provided further, That notwith23 standing section 747(e)(2) of the PHS Act, and not less 

24 than $5,000,000 shall be for general dentistry programs 

25 and not less than $5,000,000 shall be for pediatric denVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 tistry programs and not less than $24,614,000 shall be 

2 for family medicine programs: Provided further, That 

3 where prior year funds were disbursed under this appro4 priation account as Health Care and Other Facilities 

5 grants (and were used for the purchase, construction, or 

6 major alteration of property; or the purchase of equip7 ment), the Federal interest in such property or equipment 

8 shall last for a period of 5 years following the completion 

9 of the project and terminate at that time: Provided further, 

10 That if the property use changes (or the property is trans11 ferred or sold) and the Government is compensated for 

12 its proportionate interest in the property, the Federal in13 terest in such property shall be terminated: Provided fur14 ther, That for projects where 5 years has already elapsed 

15 since completion, the Federal interest shall be terminated 

16 immediately. 

17 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

18 ACCOUNT

19 Such sums as may be necessary to carry out the pur20 pose of the program, as authorized by title VII of the Pub21 lic Health Service Act, as amended. For administrative ex22 penses to carry out the guaranteed loan program, includ23 ing section 709 of the Public Health Service Act, 

24 $2,906,000. 


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1 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

2 For payments from the Vaccine Injury Compensation 

3 Program Trust Fund, such sums as may be necessary for 

4 claims associated with vaccine-related injury or death with 

5 respect to vaccines administered after September 30, 

6 1988, pursuant to subtitle 2 of title XXI of the Public 

7 Health Service Act, to remain available until expended: 

8 Provided, That for necessary administrative expenses, not 

9 to exceed $3,528,000 shall be available from the Trust 

10 Fund to the Secretary of Health and Human Services. 

11 CENTERS FOR DISEASE CONTROLAND PREVENTION

12 DISEASE CONTROL, RESEARCH, AND TRAINING

13 To carry out titles II, III, VII, XI, XV, XVII, XIX, 

14 XXI, and XXVI of the Public Health Service Act, sections 

15 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal 

16 Mine Safety and Health Act of 1977, and the Mine Im17 provement and New Emergency Response Act of 2006, 

18 sections 20, 21, and 22 of the Occupational Safety and 

19 Health Act of 1970, title IV of the Immigration and Na20 tionality Act, section 501 of the Refugee Education Assist21 ance Act of 1980, and for expenses necessary to support 

22 activities related to countering potential biological, dis23 ease, nuclear, radiological, and chemical threats to civilian 

24 populations; including purchase and insurance of official 

25 motor vehicles in foreign countries; and purchase, hire, 


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1 maintenance, and operation of aircraft, $6,157,169,000, 

2 of which $220,000,000 shall remain available until ex3 pended for equipment, construction and renovation of fa4 cilities; of which $581,335,000 shall remain available until 

5 expended for the Strategic National Stockpile; and of 

6 which $122,769,000 for international HIV/AIDS shall re7 main available until September 30, 2009. In addition, 

8 such sums as may be derived from authorized user fees, 

9 which shall be credited to this account: Provided, That in 

10 addition to amounts provided herein, the following 

11 amounts shall be available from amounts available under 

12 section 241 of the Public Health Service Act: (1) 

13 $12,794,000 to carry out the National Immunization Sur14 veys; (2) $108,585,000 to carry out the National Center 

15 for Health Statistics surveys; (3) $24,751,000 to carry out 

16 information systems standards development and architec17 ture and applications-based research used at local public 

18 health levels; (4) $463,000 for Health Marketing evalua19 tions; (5) $31,000,000 to carry out Public Health Re20 search; and (6) $92,071,000 to carry out research activi21 ties within the National Occupational Research Agenda: 

22 Provided further, That none of the funds made available 

23 for injury prevention and control at the Centers for Dis24 ease Control and Prevention may be used, in whole or in 

25 part, to advocate or promote gun control: Provided further, 


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1 That up to $31,800,000 shall be made available until ex2 pended for Individual Learning Accounts for full-time 

3 equivalent employees of the Centers for Disease Control 

4 and Prevention: Provided further, That the Director may 

5 redirect the total amount made available under authority 

6 of Public Law 101–502, section 3, dated November 3, 

7 1990, to activities the Director may so designate: Provided 

8 further, That the Congress is to be notified promptly of 

9 any such transfer: Provided further, That not to exceed 

10 $19,035,000 may be available for making grants under 

11 section 1509 of the Public Health Service Act to not less 

12 than 15 States, tribes, or tribal organizations: Provided 

13 further, That notwithstanding any other provision of law, 

14 a single contract or related contracts for development and 

15 construction of facilities may be employed which collec16 tively include the full scope of the project: Provided fur17 ther, That the solicitation and contract shall contain the 

18 clause ‘‘availability of funds’’ found at 48 CFR 52.232– 

19 18: Provided further, That of the funds appropriated, 

20 $10,000 is for official reception and representation ex21 penses when specifically approved by the Director of the 

22 Centers for Disease Control and Prevention: Provided fur23 ther, That employees of the Centers for Disease Control 

24 and Prevention or the Public Health Service, both civilian 

25 and Commissioned Officers, detailed to States, municipaliVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 ties, or other organizations under authority of section 214 

2 of the Public Health Service Act, or in overseas assign3 ments, shall be treated as non-Federal employees for re4 porting purposes only and shall not be included within any 

5 personnel ceiling applicable to the Agency, Service, or the 

6 Department of Health and Human Services during the pe7 riod of detail or assignment: Provided further, That if 

8 States are eligible, up to $30,000,000 shall be used to im9 plement section 2625 of the Public Health Service Act (42 

10 U.S.C. 300ff–33; relating to the Ryan White early diag11 nosis grant program): Provided further, That $16,890,000 

12 shall be available for the projects and in the amounts spec13 ified in the committee report of the Senate accompanying 

14 this Act. 

15 NATIONAL INSTITUTES OF HEALTH

16 NATIONALCANCER INSTITUTE

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to cancer, 

19 $4,910,160,000, of which up to $8,000,000 may be used 

20 for facilities repairs and improvements at the NCI-Fred21 erick Federally Funded Research and Development Center 

22 in Frederick, Maryland. 

23 NATIONALHEART, LUNG, AND BLOOD INSTITUTE

24 For carrying out section 301 and title IV of the Pub25 lic Health Service Act with respect to cardiovascular, lung, 


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1 and blood diseases, and blood and blood products, 

2 $2,992,197,000. 

3 NATIONALINSTITUTE OF DENTALAND CRANIOFACIAL

4 RESEARCH

5 For carrying out section 301 and title IV of the Pub6 lic Health Service Act with respect to dental disease, 

7 $398,602,000. 

8 NATIONALINSTITUTE OF DIABETES AND DIGESTIVE AND

9 KIDNEY DISEASES

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to diabetes and diges12 tive and kidney disease, $1,747,784,000. 

13 NATIONALINSTITUTE OF NEUROLOGICALDISORDERS

14 AND STROKE

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to neurological dis17 orders and stroke, $1,573,268,000. 

18 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

19 DISEASES

20 (INCLUDING TRANSFER OF FUNDS)

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to allergy and infec23 tious diseases, $4,668,472,000: Provided, That 

24 $300,000,000 may be made available to International As25 sistance Programs ‘‘Global Fund to Fight HIV/AIDS, Ma26 laria, and Tuberculosis’’, to remain available until exVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 pended: Provided further, That such sums obligated in fis2 cal years 2003 through 2007 for extramural facilities con3 struction projects are to remain available until expended 

4 for disbursement, with prior notification of such projects 

5 to the Committees on Appropriations of the House of Rep6 resentatives and the Senate. 

7 NATIONALINSTITUTE OF GENERALMEDICALSCIENCES

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to general medical 

10 sciences, $1,978,601,000. 

11 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

12 DEVELOPMENT

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to child health and 

15 human development, $1,282,231,000. 

16 NATIONALEYE INSTITUTE

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to eye diseases and 

19 visual disorders, $681,962,000. 

20 NATIONALINSTITUTE OF ENVIRONMENTALHEALTH

21 SCIENCES

22 For carrying out sections 301 and 311 and title IV 

23 of the Public Health Service Act with respect to environ24 mental health sciences, $656,176,000. 


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1 NATIONALINSTITUTE ON AGING

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to aging, 

4 $1,073,048,000. 

5 NATIONALINSTITUTE OF ARTHRITIS AND

6 MUSCULOSKELETAL AND SKIN DISEASES

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to arthritis and mus9 culoskeletal and skin diseases, $519,810,000. 

10 NATIONALINSTITUTE ON DEAFNESS AND OTHER

11 COMMUNICATION DISORDERS

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to deafness and other 

14 communication disorders, $402,680,000. 

15 NATIONALINSTITUTE OF NURSING RESEARCH

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to nursing research, 

18 $140,456,000. 

19 NATIONALINSTITUTE ON ALCOHOLABUSE AND

20 ALCOHOLISM

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to alcohol abuse and 

23 alcoholism, $445,702,000. 


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1 NATIONALINSTITUTE ON DRUG ABUSE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to drug abuse, 

4 $1,022,594,000. 

5 NATIONALINSTITUTE OF MENTALHEALTH

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to mental health, 

8 $1,436,001,000. 

9 NATIONALHUMAN GENOME RESEARCH INSTITUTE

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to human genome re12 search, $497,031,000. 

13 NATIONALINSTITUTE OF BIOMEDICALIMAGING AND

14 BIOENGINEERING

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to biomedical imaging 

17 and bioengineering research, $304,319,000. 

18 NATIONALCENTER FOR RESEARCH RESOURCES

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to research resources 

21 and general research support grants, $1,177,997,000: 

22 Provided, That none of these funds shall be used to pay 

23 recipients of the general research support grants program 

24 any amount for indirect expenses in connection with such 

25 grants. 


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1 NATIONALCENTER FOR COMPLEMENTARY AND

2 ALTERNATIVE MEDICINE

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to complementary and 

5 alternative medicine, $124,213,000. 

6 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

7 DISPARITIES

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to minority health and 

10 health disparities research, $203,895,000. 

11 JOHN E. FOGARTY INTERNATIONALCENTER

12 For carrying out the activities at the John E. 

13 Fogarty International Center, $68,000,000. 

14 NATIONALLIBRARY OF MEDICINE

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to health information 

17 communications, $327,817,000, of which $4,000,000 shall 

18 be available until expended for improvement of informa19 tion systems: Provided, That in fiscal year 2008, the Li20 brary may enter into personal services contracts for the 

21 provision of services in facilities owned, operated, or con22 structed under the jurisdiction of the National Institutes 

23 of Health: Provided further, That in addition to amounts 

24 provided herein, $8,200,000 shall be available from 

25 amounts available under section 241 of the Public Health 

26 Service Act to carry out National Information Center on 


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1 Health Services Research and Health Care Technology 

2 and related health services. 

3 OFFICE OF THE DIRECTOR

4 (INCLUDING TRANSFER OF FUNDS)

5 For carrying out the responsibilities of the Office of 

6 the Director, National Institutes of Health, 

7 $1,145,790,000, of which up to $25,000,000 shall be used 

8 to carry out section 217 of this Act: Provided, That fund9 ing shall be available for the purchase of not to exceed 

10 29 passenger motor vehicles for replacement only: Pro11 vided further, That the National Institutes of Health is 

12 authorized to collect third party payments for the cost of 

13 clinical services that are incurred in National Institutes 

14 of Health research facilities and that such payments shall 

15 be credited to the National Institutes of Health Manage16 ment Fund: Provided further, That all funds credited to 

17 the National Institutes of Health Management Fund shall 

18 remain available for one fiscal year after the fiscal year 

19 in which they are deposited: Provided further, That up to 

20 $500,000 shall be available to carry out section 499 of 

21 the Public Health Service Act: Provided further, That 

22 $110,900,000 shall be available to carry out the National 

23 Children’s Study: Provided further, That $531,300,000 

24 shall be available for the Common Fund established under 

25 section 402A(c)(1) of the Public Health Service Act: Pro26 vided further, That of the funds provided $10,000 shall 


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1 be for official reception and representation expenses when 

2 specifically approved by the Director of NIH: Provided 

3 further, That the Office of AIDS Research within the Of4 fice of the Director, NIH may spend up to $4,000,000 

5 to make grants for construction or renovation of facilities 

6 as provided for in section 2354(a)(5)(B) of the Public 

7 Health Service Act. 

8 BUILDINGS AND FACILITIES

9 For the study of, construction of, renovation of, and 

10 acquisition of equipment for, facilities of or used by the 

11 National Institutes of Health, including the acquisition of 

12 real property, $121,081,000, to remain available until ex13 pended. 

14 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

15 ADMINISTRATION

16 SUBSTANCE ABUSE AND MENTALHEALTH SERVICES

17 For carrying out titles V and XIX of the Public 

18 Health Service Act (‘‘PHS Act’’) with respect to substance 

19 abuse and mental health services, the Protection and Ad20 vocacy for Individuals with Mental Illness Act, and section 

21 301 of the PHS Act with respect to program management, 

22 $3,278,135,000, of which $10,335,000 shall be available 

23 for projects and in the amounts specified in the committee 

24 report accompanying this Act: Provided, That notwith25 standing section 520A(f)(2) of the PHS Act, no funds ap26 propriated for carrying out section 520A are available for 


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1 carrying out section 1971 of the PHS Act: Provided fur2 ther, That in addition to amounts provided herein, the fol3 lowing amounts shall be available under section 241 of the 

4 PHS Act: (1) $79,200,000 to carry out subpart II of part 

5 B of title XIX of the PHS Act to fund section 1935(b) 

6 technical assistance, national data, data collection and 

7 evaluation activities, and further that the total available 

8 under this Act for section 1935(b) activities shall not ex9 ceed 5 percent of the amounts appropriated for subpart 

10 II of part B of title XIX; (2) $21,413,000 to carry out 

11 subpart I of part B of title XIX of the PHS Act to fund 

12 section 1920(b) technical assistance, national data, data 

13 collection and evaluation activities, and further that the 

14 total available under this Act for section 1920(b) activities 

15 shall not exceed 5 percent of the amounts appropriated 

16 for subpart I of part B of title XIX; (3) $21,750,000 to 

17 carry out national surveys on drug abuse; and (4) 

18 $4,300,000 to evaluate substance abuse treatment pro19 grams. 

20 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

21 HEALTHCARE RESEARCH AND QUALITY

22 For carrying out titles III and IX of the Public 

23 Health Service Act, and part A of title XI of the Social 

24 Security Act, $329,564,000; and in addition, amounts re25 ceived from Freedom of Information Act fees, reimbursVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 able and interagency agreements, and the sale of data 

2 shall be credited to this appropriation and shall remain 

3 available until expended: Provided, That no amount shall 

4 be made available pursuant to section 927(c) of the Public 

5 Health Service Act for fiscal year 2008. 

6 CENTERS FOR MEDICARE AND MEDICAID SERVICES

7 GRANTS TO STATES FOR MEDICAID

8 For carrying out, except as otherwise provided, titles 

9 XI and XIX of the Social Security Act, $141,628,056,000, 

10 to remain available until expended. 

11 For making, after May 31, 2008, payments to States 

12 under title XIX of the Social Security Act for the last 

13 quarter of fiscal year 2008 for unanticipated costs, in14 curred for the current fiscal year, such sums as may be 

15 necessary. 

16 For making payments to States or in the case of sec17 tion 1928 on behalf of States under title XIX of the Social 

18 Security Act for the first quarter of fiscal year 2009, 

19 $67,292,669,000, to remain available until expended. 

20 Payment under title XIX may be made for any quar21 ter with respect to a State plan or plan amendment in 

22 effect during such quarter, if submitted in or prior to such 

23 quarter and approved in that or any subsequent quarter. 

24 PAYMENTS TO HEALTH CARE TRUST FUNDS

25 For payment to the Federal Hospital Insurance and 

26 the Federal Supplementary Medical Insurance Trust 


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1 Funds, as provided under section 1844 and 1860D–16 of 

2 the Social Security Act, sections 103(c) and 111(d) of the 

3 Social Security Amendments of 1965, section 278(d) of 

4 Public Law 97–248, and for administrative expenses in5 curred pursuant to section 201(g) of the Social Security 

6 Act, $188,828,000,000. 

7 In addition, for making matching payments under 

8 section 1844, and benefit payments under section 1860D– 

9 16 of the Social Security Act, not anticipated in budget 

10 estimates, such sums as may be necessary. 

11 PROGRAM MANAGEMENT

12 For carrying out, except as otherwise provided, titles 

13 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

14 XIII and XXVII of the Public Health Service Act, and 

15 the Clinical Laboratory Improvement Amendments of 

16 1988, not to exceed $3,248,088,000, to be transferred 

17 from the Federal Hospital Insurance and the Federal Sup18 plementary Medical Insurance Trust Funds, as authorized 

19 by section 201(g) of the Social Security Act; together with 

20 all funds collected in accordance with section 353 of the 

21 Public Health Service Act and section 1857(e)(2) of the 

22 Social Security Act, funds retained by the Secretary pur23 suant to section 302 of the Tax Relief and Health Care 

24 Act of 2006; and such sums as may be collected from au25 thorized user fees and the sale of data, which shall remain 

26 available until expended: Provided, That all funds derived 


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1 in accordance with 31 U.S.C. 9701 from organizations es2 tablished under title XIII of the Public Health Service Act 

3 shall be credited to and available for carrying out the pur4 poses of this appropriation: Provided further, That 

5 $49,869,000, to remain available until September 30, 

6 2009, is for contract costs for the Healthcare Integrated 

7 General Ledger Accounting System: Provided further, 

8 That $253,775,000, to remain available until September 

9 30, 2009, is for CMS Medicare contracting reform activi10 ties: Provided further, That funds appropriated under this 

11 heading are available for the Healthy Start, Grow Smart 

12 program under which the Centers for Medicare and Med13 icaid Services may, directly or through grants, contracts, 

14 or cooperative agreements, produce and distribute infor15 mational materials including, but not limited to, pam16 phlets and brochures on infant and toddler health care to 

17 expectant parents enrolled in the Medicaid program and 

18 to parents and guardians enrolled in such program with 

19 infants and children: Provided further, That the Secretary 

20 of Health and Human Services is directed to collect fees 

21 in fiscal year 2008 from Medicare Advantage organiza22 tions pursuant to section 1857(e)(2) of the Social Security 

23 Act and from eligible organizations with risk-sharing con24 tracts under section 1876 of that Act pursuant to section 

25 1876(k)(4)(D) of that Act: Provided further, That in addiVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 tion, the Secretary may charge a fee for conducting revisit 

2 surveys on health care facilities cited for deficiencies dur3 ing initial certification, recertification, or substantiated 

4 complaints surveys: Provided further, That such fees, in 

5 an amount not to exceed $35,000,000, shall be credited 

6 to this account as offsetting collections, to remain avail7 able until expended for the purpose of conducting such 

8 revisit surveys: Provided further, That amounts trans9 ferred to this account from the Federal Health Insurance 

10 and Federal Supplementary Medical Insurance Trust 

11 Funds for fiscal year 2008 shall be reduced by the amount 

12 credited to this account under this paragraph: Provided 

13 further, That $1,625,000 shall be available for the projects 

14 and in the amounts specified in the committee report of 

15 the Senate accompanying this Act. 

16 HEALTH CARE FRAUD ABUSE AND CONTROL ACCOUNT

17 In addition to amounts otherwise available for pro18 gram integrity and program management, $383,000,000, 

19 to be available until expended, to be transferred from the 

20 Federal Hospital Insurance and the Federal Supple21 mentary Medical Insurance Trust Funds, as authorized by 

22 section 201(g) of the Social Security Act, of which 

23 $288,480,000 is for the Medicare Integrity Program at 

24 the Centers for Medicare and Medicaid Services to conduct 

25 oversight of activities authorized in title 18 of the Social 

26 Security Act, with oversight activities including those acVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 tivities listed in 18 U.S.C. 1893(b); of which $36,690,000 

2 is for the Department of Health and Human Services Of3 fice of Inspector General; of which $21,140,000 is for the 

4 Department of Health and Human Services for program 

5 integrity activities in title 18, title 19 and title 21 of the 

6 Social Security Act; and of which $36,690,000 is for the 

7 Department of Justice: Provided, That the report required 

8 by 18 U.S.C. 1817(k)(5) for fiscal year 2008 shall include 

9 measures of the operational efficiency and impact on 

10 fraud, waste and abuse in the Medicare and Medicaid pro11 grams for the funds provided by this appropriation. 

12 ADMINISTRATION FOR CHILDREN AND FAMILIES

13 PAYMENTS TO STATES FOR CHILD SUPPORT

14 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

15 For making payments to States or other non-Federal 

16 entities under titles I, IV–D, X, XI, XIV, and XVI of the 

17 Social Security Act and the Act of July 5, 1960 (24 

18 U.S.C. ch. 9), $2,949,713,000, to remain available until 

19 expended; and for such purposes for the first quarter of 

20 fiscal year 2009, $1,000,000,000, to remain available until 

21 expended. 

22 For making payments to each State for carrying out 

23 the program of Aid to Families with Dependent Children 

24 under title IV–A of the Social Security Act before the ef25 fective date of the program of Temporary Assistance for 


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1 Needy Families (TANF) with respect to such State, such 

2 sums as may be necessary: Provided, That the sum of the 

3 amounts available to a State with respect to expenditures 

4 under such title IV–A in fiscal year 1997 under this ap5 propriation and under such title IV–A as amended by the 

6 Personal Responsibility and Work Opportunity Reconcili7 ation Act of 1996 shall not exceed the limitations under 

8 section 116(b) of such Act. 

9 For making, after May 31 of the current fiscal year, 

10 payments to States or other non-Federal entities under 

11 titles I, IV–D, X, XI, XIV, and XVI of the Social Security 

12 Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for 

13 the last 3 months of the current fiscal year for unantici14 pated costs, incurred for the current fiscal year, such sums 

15 as may be necessary. 

16 LOW-INCOME HOME ENERGY ASSISTANCE

17 For making payments under section 2604(a)–(d) of 

18 the Low Income Home Energy Assistance Act of 1981 (42 

19 U.S.C. 8623(a)–(d)), $1,980,000,000. 

20 For making payments under section 2604(e) of the 

21 Low Income Home Energy Assistance Act of 1981 (42 

22 U.S.C. 8623(e)), $181,170,000, notwithstanding the des23 ignation requirement of section 2602(e) of such Act. 

24 REFUGEE AND ENTRANT ASSISTANCE

25 For necessary expenses for refugee and entrant as26 sistance activities and for costs associated with the care 


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1 and placement of unaccompanied alien children authorized 

2 by title IV of the Immigration and Nationality Act and 

3 section 501 of the Refugee Education Assistance Act of 

4 1980, for carrying out section 462 of the Homeland Secu5 rity Act of 2002, and for carrying out the Torture Victims 

6 Relief Act of 1998, $654,166,000, of which up to 

7 $9,823,000 shall be available to carry out the Trafficking 

8 Victims Protection Act of 2000: Provided, That funds ap9 propriated under this heading pursuant to section 414(a) 

10 of the Immigration and Nationality Act and section 462 

11 of the Homeland Security Act of 2002 for fiscal year 2008 

12 shall be available for the costs of assistance provided and 

13 other activities to remain available through September 30, 

14 2010. 

15 PAYMENTS TO STATES FOR THE CHILD CARE AND

16 DEVELOPMENT BLOCK GRANT

17 For carrying out the Child Care and Development 

18 Block Grant Act of 1990, $2,062,081,000 shall be used 

19 to supplement, not supplant State general revenue funds 

20 for child care assistance for low-income families: Provided, 

21 That $18,777,370 shall be available for child care resource 

22 and referral and school-aged child care activities, of which 

23 $982,080 shall be available to the Secretary for discre24 tionary activities to support comprehensive consumer edu25 cation or parental choice: Provided further, That, in addi26 tion to the amounts required to be reserved by the States 


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1 under section 658G, $267,785,718 shall be reserved by 

2 the States for activities authorized under section 658G, 

3 of which $98,208,000 shall be for activities that improve 

4 the quality of infant and toddler care: Provided further, 

5 That $9,821,000 shall be for use by the Secretary for child 

6 care research, demonstration, and evaluation activities. 

7 SOCIALSERVICES BLOCK GRANT

8 For making grants to States pursuant to section 

9 2002 of the Social Security Act, $1,700,000,000. 

10 CHILDREN AND FAMILIES SERVICES PROGRAMS

11 For carrying out, except as otherwise provided, the 

12 Runaway and Homeless Youth Act, the Developmental 

13 Disabilities Assistance and Bill of Rights Act, the Head 

14 Start Act, the Child Abuse Prevention and Treatment Act, 

15 sections 310 and 316 of the Family Violence Prevention 

16 and Services Act, the Native American Programs Act of 

17 1974, title II of the Child Abuse Prevention and Treat18 ment and Adoption Reform Act of 1978 (adoption oppor19 tunities), sections 330F and 330G of the Public Health 

20 Service Act, the Abandoned Infants Assistance Act of 

21 1988, sections 261 and 291 of the Help America Vote Act 

22 of 2002, part B(1) of title IV and sections 413, 1110, 

23 and 1115 of the Social Security Act; for making payments 

24 under the Community Services Block Grant Act, sections 

25 439(i), 473B, and 477(i) of the Social Security Act, and 

26 the Assets for Independence Act, and for necessary adminVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 istrative expenses to carry out such Acts and titles I, IV, 

2 V, X, XI, XIV, XVI, and XX of the Social Security Act, 

3 the Act of July 5, 1960 (24 U.S.C. ch. 9), the Low Income 

4 Home Energy Assistance Act of 1981, title IV of the Im5 migration and Nationality Act, section 501 of the Refugee 

6 Education Assistance Act of 1980, and section 505 of the 

7 Family Support Act of 1988, $9,213,332,000, of which 

8 $9,500,000, to remain available until September 30, 2009, 

9 shall be for grants to States for adoption incentive pay10 ments, as authorized by section 473A of the Social Secu11 rity Act and may be made for adoptions completed before 

12 September 30, 2008: Provided, That $7,088,571,000 shall 

13 be for making payments under the Head Start Act, of 

14 which $1,388,800,000 shall become available October 1, 

15 2008, and remain available through September 30, 2009: 

16 Provided further, That $735,281,000 shall be for making 

17 payments under the Community Services Block Grant Act: 

18 Provided further, That not less than $8,000,000 shall be 

19 for section 680(3)(B) of the Community Services Block 

20 Grant Act: Provided further, That in addition to amounts 

21 provided herein, $6,000,000 shall be available from 

22 amounts available under section 241 of the Public Health 

23 Service Act to carry out the provisions of section 1110 

24 of the Social Security Act: Provided further, That to the 

25 extent Community Services Block Grant funds are distribVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 uted as grant funds by a State to an eligible entity as 

2 provided under the Act, and have not been expended by 

3 such entity, they shall remain with such entity for carry4 over into the next fiscal year for expenditure by such enti5 ty consistent with program purposes: Provided further, 

6 That the Secretary shall establish procedures regarding 

7 the disposition of intangible property which permits grant 

8 funds, or intangible assets acquired with funds authorized 

9 under section 680 of the Community Services Block Grant 

10 Act, as amended, to become the sole property of such 

11 grantees after a period of not more than 12 years after 

12 the end of the grant for purposes and uses consistent with 

13 the original grant: Provided further, That funds appro14 priated for section 680(a)(2) of the Community Services 

15 Block Grant Act, as amended, shall be available for fi16 nancing construction and rehabilitation and loans or in17 vestments in private business enterprises owned by com18 munity development corporations: Provided further, That 

19 $53,625,000 is for a compassion capital fund to provide 

20 grants to charitable organizations to emulate model social 

21 service programs and to encourage research on the best 

22 practices of social service organizations: Provided further, 

23 That $16,720,000 shall be for activities authorized by the 

24 Help America Vote Act of 2002, of which $11,390,000 

25 shall be for payments to States to promote access for votVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 ers with disabilities, and of which $5,330,000 shall be for 

2 payments to States for protection and advocacy systems 

3 for voters with disabilities: Provided further, That 

4 $80,416,000 shall be for making competitive grants to 

5 provide abstinence education to adolescents, and for Fed6 eral costs of administering the grant: Provided further, 

7 That information provided through grants under the im8 mediately preceding proviso shall be scientifically accurate 

9 and shall comply with section 317P(c)(2) of the Public 

10 Health Service Act: Provided further, That in addition to 

11 amounts provided herein for abstinence education for ado12 lescents, $4,500,000 shall be available from amounts 

13 available under section 241 of the Public Health Service 

14 Act to carry out evaluations (including longitudinal eval15 uations) of adolescent pregnancy prevention approaches: 

16 Provided further, That up to $2,000,000 shall be for im17 proving the Public Assistance Reporting Information Sys18 tem, including grants to States to support data collection 

19 for a study of the system’s effectiveness: Provided further, 

20 That $7,425,000 shall be available for the projects and 

21 in the amounts specified in the committee report of the 

22 Senate accompanying this Act. 

23 PROMOTING SAFE AND STABLE FAMILIES

24 For carrying out section 436 of the Social Security 

25 Act, $345,000,000 and section 437, $89,100,000. 


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1 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

2 ASSISTANCE

3 For making payments to States or other non-Federal 

4 entities under title IV–E of the Social Security Act, 

5 $5,067,000,000. 

6 For making payments to States or other non-Federal 

7 entities under title IV–E of the Act, for the first quarter 

8 of fiscal year 2009, $1,776,000,000. 

9 For making, after May 31 of the current fiscal year, 

10 payments to States or other non-Federal entities under 

11 section 474 of title IV–E, for the last 3 months of the 

12 current fiscal year for unanticipated costs, incurred for the 

13 current fiscal year, such sums as may be necessary. 

14 ADMINISTRATION ON AGING

15 AGING SERVICES PROGRAMS

16 For carrying out, to the extent not otherwise pro17 vided, the Older Americans Act of 1965, as amended, and 

18 section 398 of the Public Health Service Act, 

19 $1,441,585,000, of which $5,500,000 shall be available for 

20 activities regarding medication management, screening, 

21 and education to prevent incorrect medication and adverse 

22 drug reactions: Provided, That $2,935,000 shall be avail23 able for the projects and in the amounts specified in the 

24 committee report of the Senate accompanying this Act. 


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1 OFFICE OF THE SECRETARY

2 GENERALDEPARTMENTALMANAGEMENT

3 For necessary expenses, not otherwise provided, for 

4 general departmental management, including hire of six 

5 sedans, and for carrying out titles III, XVII, XX, and XXI 

6 of the Public Health Service Act, the United States-Mex7 ico Border Health Commission Act, and research studies 

8 under section 1110 of the Social Security Act, 

9 $399,386,000, together with $5,851,000 to be transferred 

10 and expended as authorized by section 201(g)(1) of the 

11 Social Security Act from the Hospital Insurance Trust 

12 Fund and the Supplemental Medical Insurance Trust 

13 Fund, and $46,756,000 from the amounts available under 

14 section 241 of the Public Health Service Act to carry out 

15 national health or human services research and evaluation 

16 activities: Provided, That of the funds made available 

17 under this heading for carrying out title XX of the Public 

18 Health Service Act, $13,120,000 shall be for activities 

19 specified under section 2003(b)(2), all of which shall be 

20 for prevention service demonstration grants under section 

21 510(b)(2) of title V of the Social Security Act, as amend22 ed, without application of the limitation of section 2010(c) 

23 of said title XX: Provided further, That of this amount, 

24 $51,891,000 shall be for minority AIDS prevention and 

25 treatment activities; and $5,941,000 shall be to assist AfVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 ghanistan in the development of maternal and child health 

2 clinics, consistent with section 103(a)(4)(H) of the Af3 ghanistan Freedom Support Act of 2002; up to 

4 $4,000,000 shall be for the Secretary’s discretionary fund 

5 and may be used to carry out activities authorized under 

6 the Department’s statutory authorities; and $9,500,000 

7 shall be for a Health Diplomacy Initiative and may be 

8 used to carry out health diplomacy activities such as 

9 health training, services, education, and program evalua10 tion, provided directly, through grants, or through con11 tracts: Provided further, That specific information re12 quests from the chairmen and ranking members of the 

13 Subcommittees on Labor, Health and Human Services, 

14 and Education, and Related Agencies, on scientific re15 search or any other matter, shall be transmitted to the 

16 Committees on Appropriations in a prompt professional 

17 manner and within the time frame specified in the request: 

18 Provided further, That scientific information requested by 

19 the Committees on Appropriations and prepared by gov20 ernment researchers and scientists shall be transmitted to 

21 the Committees on Appropriations, uncensored and with22 out delay: Provided further, That funds provided in this 

23 Act for embryo adoption activities may be used to provide, 

24 to individuals adopting embryos, through grants and other 

25 mechanisms, medical and administrative services deemed 


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1 necessary for such adoptions: Provided further, That such 

2 services shall be provided consistent with 42 CFR 

3 59.5(a)(4): Provided further, That $2,100,000 shall be 

4 available for the projects and in the amounts specified in 

5 the committee report of the Senate accompanying this Act. 

6 OFFICE OF MEDICARE HEARINGS AND APPEALS

7 For expenses necessary for administrative law judges 

8 responsible for hearing cases under title XVIII of the So9 cial Security Act (and related provisions of title XI of such 

10 Act), $70,000,000, to be transferred in appropriate part 

11 from the Federal Hospital Insurance and the Federal Sup12 plementary Medical Insurance Trust Funds. 

13 OFFICE OF THE NATIONALCOORDINATOR FOR HEALTH

14 INFORMATION TECHNOLOGY

15 For expenses necessary for the Office of the National 

16 Coordinator for Health Information Technology, including 

17 grants, contracts and cooperative agreements for the de18 velopment and advancement of an interoperable national 

19 health information technology infrastructure, 

20 $43,000,000: Provided, That in addition to amounts pro21 vided herein, $28,000,000 shall be available from amounts 

22 available under section 241 of the Public Health Service 

23 Act to carry out health information technology network 

24 development. 


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1 OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector 

3 General, including the hire of passenger motor vehicles for 

4 investigations, in carrying out the provisions of the Inspec5 tor General Act of 1978, as amended, $45,687,000: Pro6 vided, That of such amount, necessary sums are available 

7 for providing protective services to the Secretary and in8 vestigating non-payment of child support cases for which 

9 non-payment is a Federal offense under 18 U.S.C. 228. 

10 OFFICE FOR CIVILRIGHTS

11 For expenses necessary for the Office for Civil 

12 Rights, $33,748,000, together with not to exceed 

13 $3,314,000 to be transferred and expended as authorized 

14 by section 201(g)(1) of the Social Security Act from the 

15 Hospital Insurance Trust Fund and the Supplemental 

16 Medical Insurance Trust Fund. 

17 RETIREMENT PAY AND MEDICALBENEFITS FOR

18 COMMISSIONED OFFICERS

19 For retirement pay and medical benefits of Public 

20 Health Service Commissioned Officers as authorized by 

21 law, for payments under the Retired Serviceman’s Family 

22 Protection Plan and Survivor Benefit Plan, for medical 

23 care of dependents and retired personnel under the De24 pendents’ Medical Care Act (10 U.S.C. ch. 55), such 

25 amounts as may be required during the current fiscal year. 


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1 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

2 FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses necessary to support activities related 

5 to countering potential biological, disease, nuclear, radio6 logical and chemical threats to civilian populations, and 

7 for other public health emergencies, $756,556,000, of 

8 which not to exceed $22,338,000, to remain available until 

9 September 30, 2009, is to pay the costs described in sec10 tion 319F–2(c)(7)(B) of the Public Health Service Act. 

11 For expenses necessary to prepare for and respond 

12 to an influenza pandemic, $888,000,000, of which 

13 $652,000,000 shall be available until expended, for activi14 ties including the development and purchase of vaccine, 

15 antivirals, necessary medical supplies, diagnostics, and 

16 other surveillance tools: Provided, That products pur17 chased with these funds may, at the discretion of the Sec18 retary, be deposited in the Strategic National Stockpile: 

19 Provided further, That notwithstanding section 496(b) of 

20 the Public Health Service Act, funds may be used for the 

21 construction or renovation of privately owned facilities for 

22 the production of pandemic influenza vaccines and other 

23 biologicals, where the Secretary finds such a contract nec24 essary to secure sufficient supplies of such vaccines or 

25 biologicals: Provided further, That $158,000,000 shall be 

26 transferred within 30 days of enactment to the Centers 


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1 for Disease Control and Prevention for pandemic pre2 paredness activities: Provided further, That funds appro3 priated herein and not specifically designated under this 

4 heading may be transferred to other appropriation ac5 counts of the Department of Health and Human Services, 

6 as determined by the Secretary to be appropriate, to be 

7 used for the purposes specified in this sentence. 

8 For expenses to provide screening and treatment for 

9 first response emergency services personnel, residents, stu10 dents, and others related to the September 11, 2001, ter11 rorist attacks on the World Trade Center, $55,000,000 

12 to be transferred to Centers for Disease Control and Pre13 vention, Disease Control, Research, and Training. 

14 GENERAL PROVISIONS

15 SEC. 201. Funds appropriated in this title shall be 

16 available for not to exceed $50,000 for official reception 

17 and representation expenses when specifically approved by 

18 the Secretary. 

19 SEC. 202. The Secretary shall make available through 

20 assignment not more than 60 employees of the Public 

21 Health Service to assist in child survival activities and to 

22 work in AIDS programs through and with funds provided 

23 by the Agency for International Development, the United 

24 Nations International Children’s Emergency Fund or the 

25 World Health Organization. 


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1 SEC. 203. None of the funds appropriated in this Act 

2 may be used to implement section 1503 of the National 

3 Institutes of Health Revitalization Act of 1993, Public 

4 Law 103–43. 

5 SEC. 204. None of the funds appropriated in this Act 

6 for the National Institutes of Health, the Agency for 

7 Healthcare Research and Quality, and the Substance 

8 Abuse and Mental Health Services Administration shall 

9 be used to pay the salary of an individual, through a grant 

10 or other extramural mechanism, at a rate in excess of Ex11 ecutive Level I. 

12 SEC. 205. None of the funds appropriated in this title 

13 for Head Start shall be used to pay the compensation of 

14 an individual, either as direct costs or any proration as 

15 an indirect cost, at a rate in excess of Executive Level 

16 II. 

17 SEC. 206. None of the funds appropriated in this Act 

18 may be expended pursuant to section 241 of the Public 

19 Health Service Act, except for funds specifically provided 

20 for in this Act, or for other taps and assessments made 

21 by any office located in the Department of Health and 

22 Human Services, prior to the Secretary’s preparation and 

23 submission of a report to the Committee on Appropria24 tions of the Senate and of the House detailing the planned 

25 uses of such funds. 


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1 SEC. 207. Notwithstanding section 241(a) of the 

2 Public Health Service Act, such portion as the Secretary 

3 shall determine, but not more than 2.4 percent, of any 

4 amounts appropriated for programs authorized under said 

5 Act shall be made available for the evaluation (directly, 

6 or by grants or contracts) of the implementation and effec7 tiveness of such programs. 

8 (TRANSFER OF FUNDS)

9 SEC. 208. Not to exceed 1 percent of any discre10 tionary funds (pursuant to the Balanced Budget and 

11 Emergency Deficit Control Act of 1985, as amended) 

12 which are appropriated for the current fiscal year for the 

13 Department of Health and Human Services in this Act 

14 may be transferred between a program, project, or activ15 ity, but no such program, project, or activity shall be in16 creased by more than 3 percent by any such transfer: Pro17 vided, That a program, project, or activity may be in18 creased by up to an additional 2 percent subject to ap19 proval by the House and Senate Committees on Appro20 priations: Provided further, That the transfer authority 

21 granted by this section shall be available only to meet 

22 emergency needs and shall not be used to create any new 

23 program or to fund any project or activity for which no 

24 funds are provided in this Act: Provided further, That the 

25 Appropriations Committees of both Houses of Congress 

26 are notified at least 15 days in advance of any transfer. 


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1 (TRANSFER OF FUNDS)

2 SEC. 209. The Director of the National Institutes of 

3 Health, jointly with the Director of the Office of AIDS 

4 Research, may transfer up to 3 percent among institutes 

5 and centers from the total amounts identified by these two 

6 Directors as funding for research pertaining to the human 

7 immunodeficiency virus: Provided, That the Appropria8 tions Committees of both Houses of Congress are prompt9 ly notified of the transfer. 

10 (TRANSFER OF FUNDS)

11 SEC. 210. Of the amounts made available in this Act 

12 for the National Institutes of Health, the amount for re13 search related to the human immunodeficiency virus, as 

14 jointly determined by the Director of the National Insti15 tutes of Health and the Director of the Office of AIDS 

16 Research, shall be made available to the ‘‘Office of AIDS 

17 Research’’ account. The Director of the Office of AIDS 

18 Research shall transfer from such account amounts nec19 essary to carry out section 2353(d)(3) of the Public 

20 Health Service Act. 

21 SEC. 211. None of the funds appropriated in this Act 

22 may be made available to any entity under title X of the 

23 Public Health Service Act unless the applicant for the 

24 award certifies to the Secretary that it encourages family 

25 participation in the decision of minors to seek family plan26 ning services and that it provides counseling to minors on 


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1 how to resist attempts to coerce minors into engaging in 

2 sexual activities. 

3 SEC. 212. None of the funds appropriated by this Act 

4 (including funds appropriated to any trust fund) may be 

5 used to carry out the Medicare Advantage program if the 

6 Secretary denies participation in such program to an oth7 erwise eligible entity (including a Provider Sponsored Or8 ganization) because the entity informs the Secretary that 

9 it will not provide, pay for, provide coverage of, or provide 

10 referrals for abortions: Provided, That the Secretary shall 

11 make appropriate prospective adjustments to the capita12 tion payment to such an entity (based on an actuarially 

13 sound estimate of the expected costs of providing the serv14 ice to such entity’s enrollees): Provided further, That noth15 ing in this section shall be construed to change the Medi16 care program’s coverage for such services and a Medicare 

17 Advantage organization described in this section shall be 

18 responsible for informing enrollees where to obtain infor19 mation about all Medicare covered services. 

20 SEC. 213. Notwithstanding any other provision of 

21 law, no provider of services under title X of the Public 

22 Health Service Act shall be exempt from any State law 

23 requiring notification or the reporting of child abuse, child 

24 molestation, sexual abuse, rape, or incest. 


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1 SEC. 214. (a) Except as provided by subsection (e) 

2 none of the funds appropriated by this Act may be used 

3 to withhold substance abuse funding from a State pursu4 ant to section 1926 of the Public Health Service Act (42 

5 U.S.C. 300x–26) if such State certifies to the Secretary 

6 of Health and Human Services by May 1, 2008, that the 

7 State will commit additional State funds, in accordance 

8 with subsection (b), to ensure compliance with State laws 

9 prohibiting the sale of tobacco products to individuals 

10 under 18 years of age. 

11 (b) The amount of funds to be committed by a State 

12 under subsection (a) shall be equal to 1 percent of such 

13 State’s substance abuse block grant allocation for each 

14 percentage point by which the State misses the retailer 

15 compliance rate goal established by the Secretary of 

16 Health and Human Services under section 1926 of such 

17 Act. 

18 (c) The State is to maintain State expenditures in 

19 fiscal year 2008 for tobacco prevention programs and for 

20 compliance activities at a level that is not less than the 

21 level of such expenditures maintained by the State for fis22 cal year 2007, and adding to that level the additional 

23 funds for tobacco compliance activities required under 

24 subsection (a). The State is to submit a report to the Sec25 retary on all fiscal year 2007 State expenditures and all 


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1 fiscal year 2008 obligations for tobacco prevention and 

2 compliance activities by program activity by July 31, 

3 2008. 

4 (d) The Secretary shall exercise discretion in enforc5 ing the timing of the State obligation of the additional 

6 funds required by the certification described in subsection 

7 (a) as late as July 31, 2008. 

8 (e) None of the funds appropriated by this Act may 

9 be used to withhold substance abuse funding pursuant to 

10 section 1926 from a territory that receives less than 

11 $1,000,000. 

12 SEC. 215. In order for the Department of Health and 

13 Human Services to carry out international health activi14 ties, including HIV/AIDS and other infectious diseases, 

15 chronic and environmental diseases, and other health ac16 tivities abroad during fiscal year 2008, the Secretary of 

17 Health and Human Services— 

18 (1) may exercise authority equivalent to that 

19 available to the Secretary of State in section 2(c) of 

20 the State Department Basic Authorities Act of 1956 

21 (22 U.S.C. 2669(c)). The Secretary of Health and 

22 Human Services shall consult with the Secretary of 

23 State and relevant Chief of Mission to ensure that 

24 the authority provided in this section is exercised in 

25 a manner consistent with section 207 of the Foreign 


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1 Service Act of 1980 (22 U.S.C. 3927) and other ap2 plicable statutes administered by the Department of 

3 State; and 

4 (2) is authorized to provide such funds by ad5 vance or reimbursement to the Secretary of State as 

6 may be necessary to pay the costs of acquisition, 

7 lease, alteration, renovation, and management of fa8 cilities outside of the United States for the use of 

9 the Department of Health and Human Services. The 

10 Department of State shall cooperate fully with the 

11 Secretary of Health and Human Services to ensure 

12 that the Department of Health and Human Services 

13 has secure, safe, functional facilities that comply 

14 with applicable regulation governing location, set15 back, and other facilities requirements and serve the 

16 purposes established by this Act. The Secretary of 

17 Health and Human Services is authorized, in con18 sultation with the Secretary of State, through grant 

19 or cooperative agreement, to make available to pub20 lic or nonprofit private institutions or agencies in 

21 participating foreign countries, funds to acquire, 

22 lease, alter, or renovate facilities in those countries 

23 as necessary to conduct programs of assistance for 

24 international health activities, including activities re25 lating to HIV/AIDS and other infectious diseases, 


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1 chronic and environmental diseases, and other health 

2 activities abroad. 

3 SEC. 216. The Division of Federal Occupational 

4 Health hereafter may utilize personal services contracting 

5 to employ professional management/administrative and oc6 cupational health professionals. 

7 SEC. 217. (a) AUTHORITY.—Notwithstanding any 

8 other provision of law, the Director of the National Insti9 tutes of Health may use funds available under sections 

10 402(b)(7) and 402(b)(12) of the Public Health Service 

11 Act (42 U.S.C. 282(i)) to enter into transactions (other 

12 than contracts, cooperative agreements, or grants) to 

13 carry out research in support of the NIH Common Fund. 

14 (b) PEER REVIEW.—In entering into transactions 

15 under subsection (a), the Director of the National Insti16 tutes of Health may utilize such peer review procedures 

17 (including consultation with appropriate scientific experts) 

18 as the Director determines to be appropriate to obtain as19 sessments of scientific and technical merit. Such proce20 dures shall apply to such transactions in lieu of the peer 

21 review and advisory council review procedures that would 

22 otherwise be required under sections 301(a)(3), 

23 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of 

24 the Public Health Service Act (42 U.S.C. 241, 

25 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). 


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1 SEC. 218. Funds which are available for Individual 

2 Learning Accounts for employees of the Centers for Dis3 ease Control and Prevention and the Agency for Toxic 

4 Substances and Disease Registry may be transferred to 

5 ‘‘Disease Control, Research, and Training’’, to be avail6 able only for Individual Learning Accounts: Provided, 

7 That such funds may be used for any individual full-time 

8 equivalent employee while such employee is employed ei9 ther by CDC or ATSDR. 

10 SEC. 219. Notwithstanding any other provisions of 

11 law, funds made available in this Act may be used to con12 tinue operating the Council on Graduate Medical Edu13 cation established by section 301 of Public Law 102–408. 

14 SEC. 220. In addition to any other amounts available 

15 for such travel, and notwithstanding any other provision 

16 of law, amounts available from this or any other appro17 priation for the purchase, hire, maintenance, or operation 

18 of aircraft by the Centers for Disease Control and Preven19 tion shall be available for travel by the Secretary of Health 

20 and Human Services, the Director of the Centers for Dis21 ease Control and Prevention, and employees of the De22 partment of Health and Human Services accompanying 

23 the Secretary or the Director during such travel. 

24 SEC. 221. The Director of the National Institutes of 

25 Health shall require that all investigators funded by the 


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1 NIH submit or have submitted for them to the National 

2 Library of Medicine’s PubMed Central an electronic 

3 version of their final, peer-reviewed manuscripts upon ac4 ceptance for publication to be made publicly available no 

5 later than 12 months after the official date of publication: 

6 Provided, That the NIH shall implement the public access 

7 policy in a manner consistent with copyright law. 

8 SEC. 222. (a) The Secretary of Health and Human 

9 Services is authorized to award a grant to the Delta 

10 Health Alliance, a nonprofit alliance of academic institu11 tions in the Mississippi Delta region that has as its pri12 mary purposes addressing longstanding, unmet health 

13 needs and catalyzing economic development in the Mis14 sissippi Delta. 

15 (b) To be eligible to receive a grant under subsection 

16 (a), the Delta Health Alliance shall solicit and fund pro17 posals from local governments, hospitals, health care clin18 ics, academic institutions, and rural public health-related 

19 entities and organizations for research development, edu20 cational programs, health care services, job training, and 

21 planning, construction, and equipment of public health-re22 lated facilities in the Mississippi Delta region. 

23 (c) With respect to the use of grant funds under this 

24 section for construction or major alteration of property, 

25 the Federal interest in the property involved shall last for 


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1 a period of 1 year following the completion of the project 

2 or until such time that the Federal Government is com3 pensated for its proportionate interest in the property if 

4 the property use changes or the property is transferred 

5 or sold, whichever time period is less. At the conclusion 

6 of such period, the Notice of Federal Interest in such 

7 property shall be removed. 

8 (d) There are authorized to be appropriated such 

9 sums as may be necessary to carry out this section in fis10 cal year 2008 and in each of the five succeeding fiscal 

11 years. 

12 SEC. 223. Not to exceed $35,000,000 of funds appro13 priated by this Act to the Institutes and Centers of the 

14 National Institutes of Health may be used for alteration, 

15 repair, or improvement of facilities, as necessary for the 

16 proper and efficient conduct of the activities authorized 

17 herein, at not to exceed $2,500,000 per project. 

18 (TRANSFER OF FUNDS)

19 SEC. 224. Of the amounts made available in this Act 

20 for the National Institutes of Health, 1 percent of the 

21 amount made available for National Research Service 

22 Awards (NRSA) shall be made available to the Adminis23 trator of the Health Resources and Services Administra24 tion to make NRSA awards for research in primary med25 ical care to individuals affiliated with entities who have 

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1 lic Health Service Act, and 1 percent of the amount made 

2 available for NRSA shall be made available to the Director 

3 of the Agency for Healthcare Research and Quality to 

4 make NRSA awards for health service research. 

5 This title may be cited as the ‘‘Department of Health 

6 and Human Services Appropriations Act, 2008’’. 

7 TITLE III 

8 DEPARTMENT OF EDUCATION 

9 EDUCATION FOR THE DISADVANTAGED

10 For carrying out title I of the Elementary and Sec11 ondary Education Act of 1965 (‘‘ESEA’’) and section 

12 418A of the Higher Education Act of 1965, 

13 $15,867,778,000, of which $6,812,554,000 shall become 

14 available on July 1, 2008, and shall remain available 

15 through September 30, 2009, and of which 

16 $8,867,301,000 shall become available on October 1, 

17 2008, and shall remain available through September 30, 

18 2009, for academic year 2008–2009: Provided, That 

19 $6,808,407,000 shall be for basic grants under section 

20 1124: Provided further, That up to $4,000,000 of these 

21 funds shall be available to the Secretary of Education on 

22 October 1, 2007, to obtain annually updated educational23 agency-level census poverty data from the Bureau of the 

24 Census: Provided further, That $1,365,031,000 shall be 

25 for concentration grants under section 1124A: Provided 


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1 further, That $2,868,231,000 shall be for targeted grants 

2 under section 1125: Provided further, That 

3 $2,868,231,000 shall be for education finance incentive 

4 grants under section 1125A: Provided further, That 

5 $500,000,000 shall be for school improvement grants au6 thorized under section 1003(g) of the ESEA: Provided 

7 further, That $9,330,000 shall be to carry out part E of 

8 title I: Provided further, That $1,634,000 shall be avail9 able for a comprehensive school reform clearinghouse. 

10 IMPACT AID

11 For carrying out programs of financial assistance to 

12 federally affected schools authorized by title VIII of the 

13 Elementary and Secondary Education Act of 1965, 

14 $1,248,453,000, of which $1,111,867,000 shall be for 

15 basic support payments under section 8003(b), 

16 $49,466,000 shall be for payments for children with dis17 abilities under section 8003(d), $17,820,000 shall be for 

18 construction under section 8007(b) and shall remain avail19 able through September 30, 2009, $64,350,000 shall be 

20 for Federal property payments under section 8002, and 

21 $4,950,000, to remain available until expended, shall be 

22 for facilities maintenance under section 8008: Provided, 

23 That for purposes of computing the amount of a payment 

24 for an eligible local educational agency under section 

25 8003(a) of the Elementary and Secondary Education Act 


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1 (20 U.S.C. 7703(a)) for school year 2007–2008, children 

2 enrolled in a school of such agency that would otherwise 

3 be eligible for payment under section 8003(a)(1)(B) of 

4 such Act, but due to the deployment of both parents or 

5 legal guardians, or a parent or legal guardian having sole 

6 custody of such children, or due to the death of a military 

7 parent or legal guardian while on active duty (so long as 

8 such children reside on Federal property as described in 

9 section 8003(a)(1)(B)), are no longer eligible under such 

10 section, shall be considered as eligible students under such 

11 section, provided such students remain in average daily 

12 attendance at a school in the same local educational agen13 cy they attended prior to their change in eligibility status. 

14 SCHOOL IMPROVEMENT PROGRAMS

15 For carrying out school improvement activities au16 thorized by title II, part B of title IV, subparts 6 and 

17 9 of part D of title V, parts A and B of title VI, and 

18 parts B and C of title VII of the Elementary and Sec19 ondary Education Act of 1965 (‘‘ESEA’’); the McKinney20 Vento Homeless Assistance Act; section 203 of the Edu21 cational Technical Assistance Act of 2002; the Compact 

22 of Free Association Amendments Act of 2003; and the 

23 Civil Rights Act of 1964, $5,198,525,000, of which 

24 $3,560,485,000 shall become available on July 1, 2008, 

25 and remain available through September 30, 2009, and 


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1 of which $1,435,000,000 shall become available on Octo2 ber 1, 2008, and shall remain available through September 

3 30, 2009, for academic year 2008–2009: Provided, That 

4 funds made available to carry out part B of title VII of 

5 the ESEA may be used for construction, renovation and 

6 modernization of any elementary school, secondary school, 

7 or structure related to an elementary school or secondary 

8 school, run by the Department of Education of the State 

9 of Hawaii, that serves a predominantly Native Hawaiian 

10 student body: Provided further, That from the funds re11 ferred to in the preceding proviso, not less than 

12 $1,250,000 shall be for a grant to the Department of Edu13 cation of the State of Hawaii for the activities described 

14 in such proviso, and $1,250,000 shall be for a grant to 

15 the University of Hawaii School of Law for a Center of 

16 Excellence in Native Hawaiian law: Provided further, That 

17 funds made available to carry out part C of title VII of 

18 the ESEA may be used for construction: Provided further, 

19 That up to 100 percent of the funds available to a State 

20 educational agency under part D of title II of the ESEA 

21 may be used for subgrants described in section 

22 2412(a)(2)(B) of such Act: Provided further, That 

23 $60,000,000 shall be available to carry out section 203 

24 of the Educational Technical Assistance Act of 2002: Pro25 vided further, That $34,376,000 shall be available to carry 


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1 out part D of title V of the ESEA: Provided further, That 

2 no funds appropriated under this heading may be used 

3 to carry out section 5494 under the ESEA: Provided fur4 ther, That $18,001,000 shall be available to carry out the 

5 Supplemental Education Grants program for the Fed6 erated States of Micronesia and the Republic of the Mar7 shall Islands: Provided further, That up to 5 percent of 

8 these amounts may be reserved by the Federated States 

9 of Micronesia and the Republic of the Marshall Islands 

10 to administer the Supplemental Education Grants pro11 grams and to obtain technical assistance, oversight and 

12 consultancy services in the administration of these grants 

13 and to reimburse the United States Departments of 

14 Labor, Health and Human Services, and Education for 

15 such services. 

16 INDIAN EDUCATION

17 For expenses necessary to carry out, to the extent 

18 not otherwise provided, title VII, part A of the Elementary 

19 and Secondary Education Act of 1965, $118,690,000. 

20 INNOVATION AND IMPROVEMENT

21 For carrying out activities authorized by parts G and 

22 H of title I, subpart 5 of part A and parts C and D of 

23 title II, parts B, C, and D of title V, and section 1504 

24 of the Elementary and Secondary Education Act of 1965 

25 (‘‘ESEA’’), $962,889,000: Provided, That $9,821,000 


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1 shall be provided to the National Board for Professional 

2 Teaching Standards to carry out section 2151(c) of the 

3 ESEA: Provided further, That from funds for subpart 4, 

4 part C of title II, up to 3 percent shall be available to 

5 the Secretary for technical assistance and dissemination 

6 of information: Provided further, That $317,699,000 shall 

7 be available to carry out part D of title V of the ESEA: 

8 Provided further, That $64,504,000 of the funds for sub9 part 1, part D of title V of the ESEA shall be available 

10 for the projects and in the amounts specified in the com11 mittee report of the Senate accompanying this Act: Pro12 vided further, That $99,000,000 of the funds for subpart 

13 1 shall be for competitive grants to local educational agen14 cies, including charter schools that are local educational 

15 agencies, or States, or partnerships of: (1) a local edu16 cational agency, a State, or both; and (2) at least one non17 profit organization to develop and implement performance18 based teacher and principal compensation systems in high19 need schools: Provided further, That such performance20 based compensation systems must consider gains in stu21 dent academic achievement as well as classroom evalua22 tions conducted multiple times during each school year 

23 among other factors and provide educators with incentives 

24 to take on additional responsibilities and leadership roles: 

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1 petitive grants shall be available for technical assistance, 

2 training, peer review of applications, program outreach 

3 and evaluation activities. 

4 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

5 For carrying out activities authorized by subpart 3 

6 of part C of title II, part A of title IV, and subparts 2, 

7 3, and 10 of part D of title V of the Elementary and Sec8 ondary Education Act of 1965 (‘‘ESEA’’), $697,112,000, 

9 of which $300,000,000 shall become available on July 1, 

10 2008, and remain available through September 30, 2009: 

11 Provided, That of the amount available for subpart 2 of 

12 part A of title IV of the ESEA, $850,000 shall be used 

13 to continue the National Recognition Awards program 

14 under the same guidelines outlined by section 120(f) of 

15 Public Law 105–244: Provided further, That 

16 $300,000,000 shall be available for subpart 1 of part A 

17 of title IV and $222,112,000 shall be available for subpart 

18 2 of part A of title IV, of which not less than $1,000,000, 

19 to remain available until expended, shall be for the Project 

20 School Emergency Response to Violence program to pro21 vide education-related services to local educational agen22 cies in which the learning environment has been disrupted 

23 due to a violent or traumatic crisis: Provided further, That 

24 $145,000,000 shall be available to carry out part D of 

25 title V of the ESEA: Provided further, That of the funds 


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1 available to carry out subpart 3 of part C of title II, up 

2 to $12,000,000 may be used to carry out section 2345 

3 and $3,000,000 shall be used to implement a comprehen4 sive program to improve public knowledge, understanding 

5 and support of the Congress and the State legislatures. 

6 ENGLISH LANGUAGE ACQUISITION

7 For carrying out part A of title III of the ESEA, 

8 $670,819,000, which shall become available on July 1, 

9 2008, and shall remain available through September 30, 

10 2009, except that 6.5 percent of such amount shall be 

11 available on October 1, 2007, and shall remain available 

12 through September 30, 2009, to carry out activities under 

13 section 3111(c)(1)(C). 

14 SPECIAL EDUCATION

15 For carrying out the Individuals with Disabilities 

16 Education Act (IDEA) and the Special Olympics Sport 

17 and Empowerment Act of 2004, $12,330,374,000, of 

18 which $6,192,551,000 shall become available on July 1, 

19 2008, and shall remain available through September 30, 

20 2009, and of which $5,924,200,000 shall become available 

21 on October 1, 2008, and shall remain available through 

22 September 30, 2009, for academic year 2008–2009: Pro23 vided, That $13,000,000 shall be for Recording for the 

24 Blind and Dyslexic, Inc., to support activities under sec25 tion 674(c)(1)(D) of the IDEA: Provided further, That 


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1 $1,500,000 shall be for the recipient of funds provided by 

2 Public Law 105–78 under section 687(b)(2)(G) of the 

3 IDEA (as in effect prior to the enactment of the Individ4 uals with Disabilities Education Improvement Act of 

5 2004) to provide information on diagnosis, intervention, 

6 and teaching strategies for children with disabilities: Pro7 vided further, That the amount for section 611(b)(2) of 

8 the IDEA shall be equal to the lesser of the amount avail9 able for that activity during fiscal year 2007, increased 

10 by the amount of inflation as specified in section 

11 619(d)(2)(B) of the IDEA, or the percentage increase in 

12 the funds appropriated under section 611(i) of the IDEA: 

13 Provided further, That nothing in section 674(e) of the 

14 IDEA shall be construed to establish a private right of 

15 action against the National Instructional Materials Access 

16 Center for failure to perform the duties of such center or 

17 otherwise authorize a private right of action related to the 

18 performance of such center: Provided further, That 

19 $3,000,000 shall be available to support the Special Olym20 pics Winter World Games. 

21 REHABILITATION SERVICES AND DISABILITY RESEARCH

22 For carrying out, to the extent not otherwise pro23 vided, the Rehabilitation Act of 1973, the Assistive Tech24 nology Act of 1998 (‘‘the AT Act’’), and the Helen Keller 

25 National Center Act, $3,286,942,000, of which 


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1 $1,000,000 shall be awarded to the American Academy 

2 of Orthotists and Prosthetists for activities that further 

3 the purposes of the grant received by the Academy for the 

4 period beginning October 1, 2003, including activities to 

5 meet the demand for orthotic and prosthetic provider serv6 ices and improve patient care: Provided, That 

7 $32,000,000 shall be used for carrying out the AT Act, 

8 including $26,377,000 for State grant activities author9 ized under section 4 of the AT Act, $4,570,000 for State 

10 grants for protection and advocacy under section 5 of the 

11 AT Act and $1,053,000 shall be for technical assistance 

12 activities under section 6 of the AT Act: Provided further, 

13 That $2,650,000 of the funds for section 303 of the Reha14 bilitation Act of 1973 shall be available for the projects 

15 and in the amounts specified in the committee report of 

16 the Senate accompanying this Act. 

17 SPECIAL INSTITUTIONS FOR PERSONS WITH

18 DISABILITIES

19 AMERICAN PRINTING HOUSE FOR THE BLIND

20 For carrying out the Act of March 3, 1879, as 

21 amended (20 U.S.C. 101 et seq.), $22,000,000. 

22 NATIONALTECHNICALINSTITUTE FOR THE DEAF

23 For the National Technical Institute for the Deaf 

24 under titles I and II of the Education of the Deaf Act 

25 of 1986 (20 U.S.C. 4301 et seq.), $59,000,000, of which 

26 $1,705,000 shall be for construction and shall remain 


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1 available until expended: Provided, That from the total 

2 amount available, the Institute may at its discretion use 

3 funds for the endowment program as authorized under 

4 section 207. 

5 GALLAUDET UNIVERSITY

6 For the Kendall Demonstration Elementary School, 

7 the Model Secondary School for the Deaf, and the partial 

8 support of Gallaudet University under titles I and II of 

9 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 

10 et seq.), $111,000,000, of which $600,000 shall be for the 

11 Secretary of Education to carry out section 205 of the 

12 Act: Provided, That from the total amount available, the 

13 University may at its discretion use funds for the endow14 ment program as authorized under section 207. 

15 CAREER, TECHNICAL, AND ADULT EDUCATION

16 For carrying out, to the extent not otherwise pro17 vided, the Carl D. Perkins Career and Technical Edu18 cation Act of 2006, the Adult Education and Family Lit19 eracy Act, and title VIII–D of the Higher Education 

20 Amendments of 1998, $1,894,788,000, of which 

21 $1,103,788,000 shall become available on July 1, 2008, 

22 and shall remain available through September 30, 2009, 

23 and of which $791,000,000 shall become available on Oc24 tober 1, 2008, and shall remain available through Sep25 tember 30, 2009: Provided, That of the amount provided 

26 for Adult Education State Grants, $67,896,000 shall be 


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1 made available for integrated English literacy and civics 

2 education services to immigrants and other limited 

3 English proficient populations: Provided further, That of 

4 the amount reserved for integrated English literacy and 

5 civics education, notwithstanding section 211 of the Adult 

6 Education and Family Literacy Act, 65 percent shall be 

7 allocated to States based on a State’s absolute need as 

8 determined by calculating each State’s share of a 10-year 

9 average of the Immigration and Naturalization Service 

10 data for immigrants admitted for legal permanent resi11 dence for the 10 most recent years, and 35 percent allo12 cated to States that experienced growth as measured by 

13 the average of the 3 most recent years for which Immigra14 tion and Naturalization Service data for immigrants ad15 mitted for legal permanent residence are available, except 

16 that no State shall be allocated an amount less than 

17 $60,000: Provided further, That of the amounts made 

18 available for the Adult Education and Family Literacy 

19 Act, $7,000,000 shall be for national leadership activities 

20 under section 243 and $6,638,000 shall be for the Na21 tional Institute for Literacy under section 242: Provided 

22 further, That $22,770,000 shall be for Youth Offender 

23 Grants. 


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1 STUDENT FINANCIAL ASSISTANCE

2 For carrying out subparts 1, 3, and 4 of part A, part 

3 C and part E of title IV of the Higher Education Act of 

4 1965, as amended, $16,368,883,000, which shall remain 

5 available through September 30, 2009. 

6 The maximum Pell Grant for which a student shall 

7 be eligible during award year 2008–2009 shall be $4,310. 

8 STUDENT AID ADMINISTRATION

9 For Federal administrative expenses to carry out part 

10 D of title I, and subparts 1, 3, and 4 of part A, and parts 

11 B, C, D, and E of title IV of the Higher Education Act 

12 of 1965, as amended, $708,216,000, which shall remain 

13 available until expended. 

14 HIGHER EDUCATION

15 For carrying out, to the extent not otherwise pro16 vided, titles II, III, IV, V, VI, and VII of the Higher Edu17 cation Act of 1965 (‘‘HEA’’), as amended, the Mutual 

18 Educational and Cultural Exchange Act of 1961, and sec19 tion 117 of the Carl D. Perkins Career and Technical 

20 Education Act of 2006, $2,028,302,000: Provided, That 

21 $9,699,000, to remain available through September 30, 

22 2009, shall be available to fund fellowships for academic 

23 year 2009–2010 under part A, subpart 1 of title VII of 

24 said Act, under the terms and conditions of part A, sub25 part 1: Provided further, That $970,000 is for data collecVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 tion and evaluation activities for programs under the 

2 HEA, including such activities needed to comply with the 

3 Government Performance and Results Act of 1993: Pro4 vided further, That notwithstanding any other provision of 

5 law, funds made available in this Act to carry out title 

6 VI of the HEA and section 102(b)(6) of the Mutual Edu7 cational and Cultural Exchange Act of 1961 may be used 

8 to support visits and study in foreign countries by individ9 uals who are participating in advanced foreign language 

10 training and international studies in areas that are vital 

11 to United States national security and who plan to apply 

12 their language skills and knowledge of these countries in 

13 the fields of government, the professions, or international 

14 development: Provided further, That of the funds referred 

15 to in the preceding proviso up to 1 percent may be used 

16 for program evaluation, national outreach, and informa17 tion dissemination activities: Provided further, That the 

18 funds provided for title II of the HEA shall be allocated 

19 notwithstanding section 210 of such Act: Provided further, 

20 That $12,000,000 shall be for grants to institutions of 

21 higher education, in partnership with local educational 

22 agencies, to establish instructional programs at all edu23 cational levels in languages critical to U.S. national secu24 rity: Provided further, That $59,855,000 of the funds for 

25 part B of title VII of the Higher Education Act of 1965 


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1 shall be available for the projects and in the amounts spec2 ified in the committee report of the Senate accompanying 

3 this Act. 

4 HOWARD UNIVERSITY

5 For partial support of Howard University (20 U.S.C. 

6 121 et seq.), $237,392,000, of which not less than 

7 $3,526,000 shall be for a matching endowment grant pur8 suant to the Howard University Endowment Act (Public 

9 Law 98–480) and shall remain available until expended. 

10 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

11 PROGRAM

12 For Federal administrative expenses to carry out ac13 tivities related to existing facility loans pursuant to section 

14 121 of the Higher Education Act of 1965, as amended 

15 $481,000. 

16 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

17 CAPITAL FINANCING PROGRAM ACCOUNT

18 For administrative expenses to carry out the Histori19 cally Black College and University Capital Financing Pro20 gram entered into pursuant to title III, part D of the 

21 Higher Education Act of 1965, as amended, $188,000. 

22 INSTITUTE OF EDUCATION SCIENCES

23 For carrying out activities authorized by the Edu24 cation Sciences Reform Act of 2002, as amended, the Na25 tional Assessment of Educational Progress Authorization 


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1 Act, section 208 of the Educational Technical Assistance 

2 Act of 2002, and section 664 of the Individuals with Dis3 abilities Education Act, $589,826,000, of which 

4 $322,020,000 shall be available until September 30, 2009. 

5 DEPARTMENTAL MANAGEMENT

6 PROGRAM ADMINISTRATION

7 For carrying out, to the extent not otherwise pro8 vided, the Department of Education Organization Act, in9 cluding rental of conference rooms in the District of Co10 lumbia and hire of three passenger motor vehicles, 

11 $432,631,000, of which $3,000,000, to remain available 

12 until expended, shall be for building alterations and re13 lated expenses for the move of Department staff to the 

14 Mary E. Switzer building in Washington, DC. 

15 OFFICE FOR CIVILRIGHTS

16 For expenses necessary for the Office for Civil 

17 Rights, as authorized by section 203 of the Department 

18 of Education Organization Act, $93,771,000. 

19 OFFICE OF THE INSPECTOR GENERAL

20 For expenses necessary for the Office of the Inspector 

21 General, as authorized by section 212 of the Department 

22 of Education Organization Act, $54,239,000. 

23 GENERAL PROVISIONS

24 SEC. 301. No funds appropriated in this Act may be 

25 used for the transportation of students or teachers (or for 

26 the purchase of equipment for such transportation) in 


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1 order to overcome racial imbalance in any school or school 

2 system, or for the transportation of students or teachers 

3 (or for the purchase of equipment for such transportation) 

4 in order to carry out a plan of racial desegregation of any 

5 school or school system. 

6 SEC. 302. None of the funds contained in this Act 

7 shall be used to require, directly or indirectly, the trans8 portation of any student to a school other than the school 

9 which is nearest the student’s home, except for a student 

10 requiring special education, to the school offering such 

11 special education, in order to comply with title VI of the 

12 Civil Rights Act of 1964. For the purpose of this section 

13 an indirect requirement of transportation of students in14 cludes the transportation of students to carry out a plan 

15 involving the reorganization of the grade structure of 

16 schools, the pairing of schools, or the clustering of schools, 

17 or any combination of grade restructuring, pairing or clus18 tering. The prohibition described in this section does not 

19 include the establishment of magnet schools. 

20 SEC. 303. No funds appropriated in this Act may be 

21 used to prevent the implementation of programs of vol22 untary prayer and meditation in the public schools. 

23 (TRANSFER OF FUNDS)

24 SEC. 304. Not to exceed 1 percent of any discre25 tionary funds (pursuant to the Balanced Budget and 

26 Emergency Deficit Control Act of 1985, as amended) 


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1 which are appropriated for the Department of Education 

2 in this Act may be transferred between appropriations, but 

3 no such appropriation shall be increased by more than 3 

4 percent by any such transfer: Provided, That the Appro5 priations Committees of both Houses of Congress are noti6 fied at least 15 days in advance of any transfer. 

7 SEC. 305. None of the funds made available in this 

8 Act may be used to promulgate, implement, or enforce any 

9 revision to the regulations in effect under section 496 of 

10 the Higher Education Act of 1965 on June 1, 2007, until 

11 legislation specifically requiring such revision is enacted. 

12 SEC. 306. (a) Notwithstanding section 8013(9)(B) of 

13 the Elementary and Secondary Education Act of 1965 (20 

14 U.S.C. 7713(9)(B)), North Chicago Community Unit 

15 School District 187, North Shore District 112, and Town16 ship High School District 113 in Lake County, Illinois, 

17 and Glenview Public School District 34 and Glenbrook 

18 High School District 225 in Cook County, Illinois, shall 

19 be considered local educational agencies as such term is 

20 used in and for purposes of title VIII of such Act. 

21 (b) Notwithstanding any other provision of law, fed22 erally connected children (as determined under section 

23 8003(a) of the Elementary and Secondary Education Act 

24 of 1965 (20 U.S.C. 7703(a))) who are in attendance in 

25 the North Shore District 112, Township High School DisVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 trict 113, Glenview Public School District 34, and 

2 Glenbrook High School District 225 described in sub3 section (a), shall be considered to be in attendance in the 

4 North Chicago Community Unit School District 187 de5 scribed in subsection (a) for purposes of computing the 

6 amount that the North Chicago Community Unit School 

7 District 187 is eligible to receive under subsection (b) or 

8 (d) of such section if— 

9 (1) such school districts have entered into an 

10 agreement for such students to be so considered and 

11 for the equitable apportionment among all such 

12 school districts of any amount received by the North 

13 Chicago Community Unit School District 187 under 

14 such section; and 

15 (2) any amount apportioned among all such 

16 school districts pursuant to paragraph (1) is used by 

17 such school districts only for the direct provision of 

18 educational services. 

19 This title may be cited as the ‘‘Department of Edu20 cation Appropriations Act, 2008’’. 


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1 TITLE IV 

2 RELATED AGENCIES 

3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

4 BLIND OR SEVERELY DISABLED

5 SALARIES AND EXPENSES

6 For expenses necessary of the Committee for Pur7 chase From People Who Are Blind or Severely Disabled 

8 established by Public Law 92–28, $4,994,000. 

9 CORPORATION FOR NATIONALAND COMMUNITY SERVICE

10 NATIONALAND COMMUNITY SERVICE PROGRAMS, 

11 OPERATING EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for the Corporation for Na14 tional and Community Service to carry out the programs, 

15 activities, and initiatives under provisions of the Domestic 

16 Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) 

17 (the 1973 Act) and the National and Community Service 

18 Act of 1990 (42 U.S.C. 12501 et seq.) (the 1990 Act), 

19 $804,489,000: Provided, That all prior year unobligated 

20 balances from the ‘‘Domestic Volunteer Service Programs, 

21 Operating Expenses’’ account shall be transferred to and 

22 merged with this appropriation: Provided further, That up 

23 to one percent of program grant funds may be used to 

24 defray costs of conducting grant application reviews, in25 cluding the use of outside peer reviewers: Provided further, 

26 That none of the funds made available to the Corporation 


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1 for National and Community Service in this Act for activi2 ties authorized by section 122 of part C of title I and part 

3 E of title II of the Domestic Volunteer Service Act of 1973 

4 shall be used to provide stipends or other monetary incen5 tives to program participants whose incomes exceed 125 

6 percent of the national poverty level: Provided further, 

7 That not more than $275,775,000 of the amount provided 

8 under this heading shall be available for grants under the 

9 National Service Trust Program authorized under subtitle 

10 C of title I of the 1990 Act (42 U.S.C. 12571 et seq.) 

11 (relating to activities of the AmeriCorps program), includ12 ing grants to organizations operating projects under the 

13 AmeriCorps Education Awards Program (without regard 

14 to the requirements of sections 121(d) and (e), section 

15 131(e), section 132, and sections 140(a), (d), and (e) of 

16 the 1990 Act: Provided further, That not less than 

17 $117,720,000 of the amount provided under this heading, 

18 to remain available without fiscal year limitation, shall be 

19 transferred to the National Service Trust for educational 

20 awards authorized under subtitle D of title I of the 1990 

21 Act (42 U.S.C. 12601), of which up to $4,000,000 shall 

22 be available to support national service scholarships for 

23 high school students performing community service, and 

24 of which $7,000,000 shall be held in reserve as defined 

25 in Public Law 108–45: Provided further, That in addition 


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1 to amounts otherwise provided to the National Service 

2 Trust under the fifth proviso, the Corporation may trans3 fer funds from the amount provided under the fourth pro4 viso, to the National Service Trust authorized under sub5 title D of title I of the 1990 Act (42 U.S.C. 12601) upon 

6 determination that such transfer is necessary to support 

7 the activities of national service participants and after no8 tice is transmitted to Congress: Provided further, That of 

9 the amount provided under this heading for grants under 

10 the National Service Trust program authorized under sub11 title C of title I of the Act, not more than $65,000,000 

12 may be used to administer, reimburse, or support any na13 tional service program authorized under section 121(d)(2) 

14 of such Act (42 U.S.C. 12581(d)(2)): Provided further, 

15 That notwithstanding section 501(a)(4) of the Act, of the 

16 funds provided under this heading, not more than 

17 $12,516,000 shall be made available to provide assistance 

18 to State commissions on national and community service 

19 under section 126(a) of the 1990 Act: Provided further, 

20 That not more than $10,466,000 shall be available for 

21 quality and innovation activities authorized under subtitle 

22 H of title I of the 1990 Act (42 U.S.C. 12853 et seq.): 

23 Provided further, That notwithstanding subtitle H of title 

24 I of the 1990 Act (42 U.S.C. 12853), none of the funds 

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1 port salaries and related expenses (including travel) attrib2 utable to Corporation employees: Provided further, That 

3 $31,789,000 of the funds made available under this head4 ing shall be available for the Civilian Community Corps 

5 authorized under subtitle E of title I of the 1990 Act (42 

6 U.S.C. 12611 et seq.), of which not less than $5,000,000 

7 shall be for the acquisition, renovation, equipping and 

8 startup costs for a campus located in Vinton, Iowa and 

9 a campus in Vicksburg, Mississippi. 

10 SALARIES AND EXPENSES

11 For necessary expenses of administration as provided 

12 under section 501(a)(4) of the National and Community 

13 Service Act of 1990 (42 U.S.C. 12501 et seq.) and under 

14 section 504(a) of the Domestic Volunteer Service Act of 

15 1973, including payment of salaries, authorized travel, 

16 hire of passenger motor vehicles, the rental of conference 

17 rooms in the District of Columbia, the employment of ex18 perts and consultants authorized under 5 U.S.C. 3109, 

19 and not to exceed $2,500 for official reception and rep20 resentation expenses, $69,520,000. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector 

23 General in carrying out the Inspector General Act of 1978, 

24 as amended, $6,900,000. 


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1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 Notwithstanding any other provision of law, the term 

4 ‘‘qualified student loan’’ with respect to national service 

5 education awards shall mean any loan determined by an 

6 institution of higher education to be necessary to cover 

7 a student’s cost of attendance at such institution and 

8 made, insured, or guaranteed directly to a student by a 

9 State agency, in addition to other meanings under section 

10 148(b)(7) of the National and Community Service Act. 

11 Notwithstanding any other provision of law, funds 

12 made available under section 129(d)(5)(B) of the National 

13 and Community Service Act to assist entities in placing 

14 applicants who are individuals with disabilities may be 

15 provided to any entity that receives a grant under section 

16 121 of the Act. 

17 The Inspector General of the Corporation for Na18 tional and Community Service shall conduct random au19 dits of the grantees that administer activities under the 

20 AmeriCorps programs and shall levy sanctions in accord21 ance with standard Inspector General audit resolution pro22 cedures which include, but are not limited to, debarment 

23 of any grantee (or successor in interest or any entity with 

24 substantially the same person or persons in control) that 

25 has been determined to have committed any substantial 

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1 grams, including any grantee that has been determined 

2 to have violated the prohibition of using Federal funds to 

3 lobby the Congress: Provided, That the Inspector General 

4 shall obtain reimbursements in the amount of any misused 

5 funds from any grantee that has been determined to have 

6 committed any substantial violations of the requirements 

7 of the AmeriCorps programs. 

8 For fiscal year 2008, the Corporation shall make any 

9 significant changes to program requirements or policy only 

10 through public notice and comment rulemaking. For fiscal 

11 year 2008, during any grant selection process, no officer 

12 or employee of the Corporation shall knowingly disclose 

13 any covered grant selection information regarding such se14 lection, directly or indirectly, to any person other than an 

15 officer or employee of the Corporation that is authorized 

16 by the Corporation to receive such information. 

17 Except as expressly provided herein, not to exceed 1 

18 percent of any discretionary funds (pursuant to the Bal19 anced Budget and Emergency Deficit Control Act of 1985, 

20 as amended) which are appropriated for the Corporation 

21 in this Act may be transferred between activities identified 

22 under this heading in the committee report accompanying 

23 this Act, but no such activity shall be increased by more 

24 than 3 percent by any such transfer: Provided, That the 


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1 Appropriations Committees of both Houses of Congress 

2 are notified at least 15 days in advance of any transfer. 

3 CORPORATION FOR PUBLIC BROADCASTING

4 For payment to the Corporation for Public Broad5 casting, as authorized by the Communications Act of 

6 1934, an amount which shall be available within limita7 tions specified by that Act, for the fiscal year 2010, 

8 $420,000,000: Provided, That no funds made available to 

9 the Corporation for Public Broadcasting by this Act shall 

10 be used to pay for receptions, parties, or similar forms 

11 of entertainment for Government officials or employees: 

12 Provided further, That none of the funds contained in this 

13 paragraph shall be available or used to aid or support any 

14 program or activity from which any person is excluded, 

15 or is denied benefits, or is discriminated against, on the 

16 basis of race, color, national origin, religion, or sex: Pro17 vided further, That for fiscal year 2008, in addition to the 

18 amounts provided above, $29,700,000 shall be for costs 

19 related to digital program production, development, and 

20 distribution, associated with the transition of public broad21 casting to digital broadcasting, to be awarded as deter22 mined by the Corporation in consultation with public radio 

23 and television licensees or permittees, or their designated 

24 representatives: Provided further, That for fiscal year 

25 2008, in addition to the amounts provided above, 


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1 $26,750,000 shall be for the costs associated with replace2 ment and upgrade of the public radio interconnection sys3 tem: Provided further, That none of the funds made avail4 able to the Corporation for Public Broadcasting by this 

5 Act, Public Law 108–199 or Public Law 108–7, shall be 

6 used to support the Television Future Fund or any similar 

7 purpose. 

8 FEDERAL MEDIATION AND CONCILIATION SERVICE

9 SALARIES AND EXPENSES

10 For expenses necessary for the Federal Mediation 

11 and Conciliation Service to carry out the functions vested 

12 in it by the Labor Management Relations Act, 1947 (29 

13 U.S.C. 171–180, 182–183), including hire of passenger 

14 motor vehicles; for expenses necessary for the Labor-Man15 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

16 for expenses necessary for the Service to carry out the 

17 functions vested in it by the Civil Service Reform Act, 

18 Public Law 95–454 (5 U.S.C. chapter 71), $44,450,000, 

19 including $400,000, to remain available through Sep20 tember 30, 2009, for activities authorized by the Labor21 Management Cooperation Act of 1978 (29 U.S.C. 175a): 

22 Provided, That notwithstanding 31 U.S.C. 3302, fees 

23 charged, up to full-cost recovery, for special training ac24 tivities and other conflict resolution services and technical 

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1 ments and international organizations, and for arbitration 

2 services shall be credited to and merged with this account, 

3 and shall remain available until expended: Provided fur4 ther, That fees for arbitration services shall be available 

5 only for education, training, and professional development 

6 of the agency workforce: Provided further, That the Direc7 tor of the Service is authorized to accept and use on behalf 

8 of the United States gifts of services and real, personal, 

9 or other property in the aid of any projects or functions 

10 within the Director’s jurisdiction. 

11 FEDERAL MINE SAFETY AND HEALTH REVIEW

12 COMMISSION

13 SALARIES AND EXPENSES

14 For expenses necessary for the Federal Mine Safety 

15 and Health Review Commission (30 U.S.C. 801 et seq.), 

16 $8,096,000. 

17 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

18 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

19 AND ADMINISTRATION

20 For carrying out the Museum and Library Services 

21 Act of 1996, $267,600,000: Provided, That $9,600,000 

22 shall be available for the projects and in the amounts spec23 ified in the committee report of the Senate accompanying 

24 this Act. 


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1 MEDICARE PAYMENT ADVISORY COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out section 1805 of 

4 the Social Security Act, $10,748,000, to be transferred to 

5 this appropriation from the Federal Hospital Insurance 

6 and the Federal Supplementary Medical Insurance Trust 

7 Funds. 

8 NATIONAL COMMISSION ON LIBRARIES AND

9 INFORMATION SCIENCE

10 SALARIES AND EXPENSES

11 For close out activities of the National Commission 

12 on Libraries and Information Science, established by the 

13 Act of July 20, 1970 (Public Law 91–345, as amended), 

14 $400,000. 

15 NATIONAL COUNCILON DISABILITY

16 SALARIES AND EXPENSES

17 For expenses necessary for the National Council on 

18 Disability as authorized by title IV of the Rehabilitation 

19 Act of 1973, as amended, $3,113,000. 

20 NATIONAL LABOR RELATIONS BOARD

21 SALARIES AND EXPENSES

22 For expenses necessary for the National Labor Rela23 tions Board to carry out the functions vested in it by the 

24 Labor-Management Relations Act, 1947, as amended (29 

25 U.S.C. 141–167), and other laws, $256,988,000: ProVerDate Aug 31 2005 23:17 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.PCS S1710

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1 vided, That no part of this appropriation shall be available 

2 to organize or assist in organizing agricultural laborers or 

3 used in connection with investigations, hearings, direc4 tives, or orders concerning bargaining units composed of 

5 agricultural laborers as referred to in section 2(3) of the 

6 Act of July 5, 1935 (29 U.S.C. 152), and as amended 

7 by the Labor-Management Relations Act, 1947, as amend8 ed, and as defined in section 3(f) of the Act of June 25, 

9 1938 (29 U.S.C. 203), and including in said definition em10 ployees engaged in the maintenance and operation of 

11 ditches, canals, reservoirs, and waterways when main12 tained or operated on a mutual, nonprofit basis and at 

13 least 95 percent of the water stored or supplied thereby 

14 is used for farming purposes. 

15 NATIONAL MEDIATION BOARD

16 SALARIES AND EXPENSES

17 For expenses necessary to carry out the provisions 

18 of the Railway Labor Act, as amended (45 U.S.C. 151– 

19 188), including emergency boards appointed by the Presi20 dent, $12,992,000. 


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1 OCCUPATIONAL SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Occupational Safety 

5 and Health Review Commission (29 U.S.C. 661), 

6 $10,696,000. 

7 RAILROAD RETIREMENT BOARD

8 DUALBENEFITS PAYMENTS ACCOUNT

9 For payment to the Dual Benefits Payments Ac10 count, authorized under section 15(d) of the Railroad Re11 tirement Act of 1974, $79,000,000, which shall include 

12 amounts becoming available in fiscal year 2008 pursuant 

13 to section 224(c)(1)(B) of Public Law 98–76; and in addi14 tion, an amount, not to exceed 2 percent of the amount 

15 provided herein, shall be available proportional to the 

16 amount by which the product of recipients and the average 

17 benefit received exceeds $97,000,000: Provided, That the 

18 total amount provided herein shall be credited in 12 ap19 proximately equal amounts on the first day of each month 

20 in the fiscal year. 

21 FEDERALPAYMENTS TO THE RAILROAD RETIREMENT

22 ACCOUNTS

23 For payment to the accounts established in the 

24 Treasury for the payment of benefits under the Railroad 

25 Retirement Act for interest earned on unnegotiated 

26 checks, $150,000, to remain available through September 


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1 30, 2009, which shall be the maximum amount available 

2 for payment pursuant to section 417 of Public Law 98– 

3 76. 

4 LIMITATION ON ADMINISTRATION

5 For necessary expenses for the Railroad Retirement 

6 Board for administration of the Railroad Retirement Act 

7 and the Railroad Unemployment Insurance Act, 

8 $103,694,000, to be derived in such amounts as deter9 mined by the Board from the railroad retirement accounts 

10 and from moneys credited to the railroad unemployment 

11 insurance administration fund. 

12 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

13 For expenses necessary for the Office of Inspector 

14 General for audit, investigatory and review activities, as 

15 authorized by the Inspector General Act of 1978, as 

16 amended, not more than $8,000,000, to be derived from 

17 the railroad retirement accounts and railroad unemploy18 ment insurance account: Provided, That none of the funds 

19 made available in any other paragraph of this Act may 

20 be transferred to the Office; used to carry out any such 

21 transfer; used to provide any office space, equipment, of22 fice supplies, communications facilities or services, mainte23 nance services, or administrative services for the Office; 

24 used to pay any salary, benefit, or award for any personnel 

25 of the Office; used to pay any other operating expense of 

26 the Office; or used to reimburse the Office for any service 


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1 provided, or expense incurred, by the Office: Provided fur2 ther, That funds made available under the heading in this 

3 Act, or subsequent Departments of Labor, Health and 

4 Human Services, and Education, and Related Agencies 

5 Appropriations Acts, may be used for any audit, investiga6 tion, or review of the Medicare Program. 

7 SOCIAL SECURITY ADMINISTRATION

8 PAYMENTS TO SOCIALSECURITY TRUST FUNDS

9 For payment to the Federal Old-Age and Survivors 

10 Insurance and the Federal Disability Insurance trust 

11 funds, as provided under sections 201(m), 228(g), and 

12 1131(b)(2) of the Social Security Act, $28,140,000. 

13 SUPPLEMENTAL SECURITY INCOME PROGRAM

14 For carrying out titles XI and XVI of the Social Se15 curity Act, section 401 of Public Law 92–603, section 212 

16 of Public Law 93–66, as amended, and section 405 of 

17 Public Law 95–216, including payment to the Social Secu18 rity trust funds for administrative expenses incurred pur19 suant to section 201(g)(1) of the Social Security Act, 

20 $26,959,000,000, to remain available until expended: Pro21 vided, That any portion of the funds provided to a State 

22 in the current fiscal year and not obligated by the State 

23 during that year shall be returned to the Treasury. 

24 For making, after June 15 of the current fiscal year, 

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1 cial Security Act, for unanticipated costs incurred for the 

2 current fiscal year, such sums as may be necessary. 

3 For making benefit payments under title XVI of the 

4 Social Security Act for the first quarter of fiscal year 

5 2009, $14,800,000,000, to remain available until ex6 pended. 

7 LIMITATION ON ADMINISTRATIVE EXPENSES

8 For necessary expenses, including the hire of two pas9 senger motor vehicles, and not to exceed $15,000 for offi10 cial reception and representation expenses, not more than 

11 $9,372,953,000 may be expended, as authorized by sec12 tion 201(g)(1) of the Social Security Act, from any one 

13 or all of the trust funds referred to therein: Provided, That 

14 not less than $2,000,000 shall be for the Social Security 

15 Advisory Board: Provided further, That unobligated bal16 ances of funds provided under this paragraph at the end 

17 of fiscal year 2008 not needed for fiscal year 2008 shall 

18 remain available until expended to invest in the Social Se19 curity Administration information technology and tele20 communications hardware and software infrastructure, in21 cluding related equipment and non-payroll administrative 

22 expenses associated solely with this information technology 

23 and telecommunications infrastructure: Provided further, 

24 That reimbursement to the trust funds under this heading 

25 for expenditures for official time for employees of the So26 cial Security Administration pursuant to section 7131 of 


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1 title 5, United States Code, and for facilities or support 

2 services for labor organizations pursuant to policies, regu3 lations, or procedures referred to in section 7135(b) of 

4 such title shall be made by the Secretary of the Treasury, 

5 with interest, from amounts in the general fund not other6 wise appropriated, as soon as possible after such expendi7 tures are made. 

8 From funds provided under the first paragraph, not 

9 less than $263,970,000 shall be available for conducting 

10 continuing disability reviews under titles II and XVI of 

11 the Social Security Act and for conducting redetermina12 tions of eligibility under title XVI of the Social Security 

13 Act. 

14 In addition to amounts made available above, and 

15 subject to the same terms and conditions, $213,000,000 

16 shall be available for additional continuing disability re17 views and redeterminations of eligibility. 

18 In addition, $135,000,000 to be derived from admin19 istration fees in excess of $5.00 per supplementary pay20 ment collected pursuant to section 1616(d) of the Social 

21 Security Act or section 212(b)(3) of Public Law 93–66, 

22 which shall remain available until expended. To the extent 

23 that the amounts collected pursuant to such section 

24 1616(d) or 212(b)(3) in fiscal year 2008 exceed 

25 $135,000,000, the amounts shall be available in fiscal year 


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1 2009 only to the extent provided in advance in appropria2 tions Acts. 

3 In addition, up to $1,000,000 to be derived from fees 

4 collected pursuant to section 303(c) of the Social Security 

5 Protection Act (Public Law 108–203), which shall remain 

6 available until expended. 

7 OFFICE OF INSPECTOR GENERAL

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses necessary for the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, as amended, $28,000,000, together 

12 with not to exceed $68,047,000, to be transferred and ex13 pended as authorized by section 201(g)(1) of the Social 

14 Security Act from the Federal Old-Age and Survivors In15 surance Trust Fund and the Federal Disability Insurance 

16 Trust Fund. 

17 In addition, an amount not to exceed 3 percent of 

18 the total provided in this appropriation may be transferred 

19 from the ‘‘Limitation on Administrative Expenses’’, Social 

20 Security Administration, to be merged with this account, 

21 to be available for the time and purposes for which this 

22 account is available: Provided, That notice of such trans23 fers shall be transmitted promptly to the Committees on 

24 Appropriations of the House and Senate. 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. The Secretaries of Labor, Health and 

4 Human Services, and Education are authorized to transfer 

5 unexpended balances of prior appropriations to accounts 

6 corresponding to current appropriations provided in this 

7 Act: Provided, That such transferred balances are used for 

8 the same purpose, and for the same periods of time, for 

9 which they were originally appropriated. 

10 SEC. 502. No part of any appropriation contained in 

11 this Act shall remain available for obligation beyond the 

12 current fiscal year unless expressly so provided herein. 

13 SEC. 503. (a) No part of any appropriation contained 

14 in this Act shall be used, other than for normal and recog15 nized executive-legislative relationships, for publicity or 

16 propaganda purposes, for the preparation, distribution, or 

17 use of any kit, pamphlet, booklet, publication, radio, tele18 vision, or video presentation designed to support or defeat 

19 legislation pending before the Congress or any State legis20 lature, except in presentation to the Congress or any State 

21 legislature itself. 

22 (b) No part of any appropriation contained in this 

23 Act shall be used to pay the salary or expenses of any 

24 grant or contract recipient, or agent acting for such recipi25 ent, related to any activity designed to influence legislation 


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1 or appropriations pending before the Congress or any 

2 State legislature. 

3 SEC. 504. The Secretaries of Labor and Education 

4 are authorized to make available not to exceed $28,000 

5 and $20,000, respectively, from funds available for sala6 ries and expenses under titles I and III, respectively, for 

7 official reception and representation expenses; the Direc8 tor of the Federal Mediation and Conciliation Service is 

9 authorized to make available for official reception and rep10 resentation expenses not to exceed $5,000 from the funds 

11 available for ‘‘Salaries and expenses, Federal Mediation 

12 and Conciliation Service’’; and the Chairman of the Na13 tional Mediation Board is authorized to make available for 

14 official reception and representation expenses not to ex15 ceed $5,000 from funds available for ‘‘Salaries and ex16 penses, National Mediation Board’’. 

17 SEC. 505. Notwithstanding any other provision of 

18 this Act, no funds appropriated in this Act shall be used 

19 to carry out any program of distributing sterile needles 

20 or syringes for the hypodermic injection of any illegal 

21 drug. 

22 SEC. 506. When issuing statements, press releases, 

23 requests for proposals, bid solicitations and other docu24 ments describing projects or programs funded in whole or 

25 in part with Federal money, all grantees receiving Federal 


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1 funds included in this Act, including but not limited to 

2 State and local governments and recipients of Federal re3 search grants, shall clearly state— 

4 (1) the percentage of the total costs of the pro5 gram or project which will be financed with Federal 

6 money; 

7 (2) the dollar amount of Federal funds for the 

8 project or program; and 

9 (3) percentage and dollar amount of the total 

10 costs of the project or program that will be financed 

11 by non-governmental sources. 

12 SEC. 507. (a) None of the funds appropriated in this 

13 Act, and none of the funds in any trust fund to which 

14 funds are appropriated in this Act, shall be expended for 

15 any abortion. 

16 (b) None of the funds appropriated in this Act, and 

17 none of the funds in any trust fund to which funds are 

18 appropriated in this Act, shall be expended for health ben19 efits coverage that includes coverage of abortion. 

20 (c) The term ‘‘health benefits coverage’’ means the 

21 package of services covered by a managed care provider 

22 or organization pursuant to a contract or other arrange23 ment. 

24 SEC. 508. (a) The limitations established in the pre25 ceding section shall not apply to an abortion— 


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1 (1) if the pregnancy is the result of an act of 

2 rape or incest; or 

3 (2) in the case where a woman suffers from a 

4 physical disorder, physical injury, or physical illness, 

5 including a life-endangering physical condition 

6 caused by or arising from the pregnancy itself, that 

7 would, as certified by a physician, place the woman 

8 in danger of death unless an abortion is performed. 

9 (b) Nothing in the preceding section shall be con10 strued as prohibiting the expenditure by a State, locality, 

11 entity, or private person of State, local, or private funds 

12 (other than a State’s or locality’s contribution of Medicaid 

13 matching funds). 

14 (c) Nothing in the preceding section shall be con15 strued as restricting the ability of any managed care pro16 vider from offering abortion coverage or the ability of a 

17 State or locality to contract separately with such a pro18 vider for such coverage with State funds (other than a 

19 State’s or locality’s contribution of Medicaid matching 

20 funds). 

21 (d)(1) None of the funds made available in this Act 

22 may be made available to a Federal agency or program, 

23 or to a State or local government, if such agency, program, 

24 or government subjects any institutional or individual 

25 health care entity to discrimination on the basis that the 


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1 health care entity does not provide, pay for, provide cov2 erage of, or refer for abortions. 

3 (2) In this subsection, the term ‘‘health care entity’’ 

4 includes an individual physician or other health care pro5 fessional, a hospital, a provider-sponsored organization, a 

6 health maintenance organization, a health insurance plan, 

7 or any other kind of health care facility, organization, or 

8 plan. 

9 SEC. 509. (a) None of the funds made available in 

10 this Act may be used for— 

11 (1) the creation of a human embryo or embryos 

12 for research purposes; or 

13 (2) research in which a human embryo or em14 bryos are destroyed, discarded, or knowingly sub15 jected to risk of injury or death greater than that 

16 allowed for research on fetuses in utero under 45 

17 CFR 46.204(b) and section 498(b) of the Public 

18 Health Service Act (42 U.S.C. 289g(b)). 

19 (b) For purposes of this section, the term ‘‘human 

20 embryo or embryos’’ includes any organism, not protected 

21 as a human subject under 45 CFR 46 as of the date of 

22 the enactment of this Act, that is derived by fertilization, 

23 parthenogenesis, cloning, or any other means from one or 

24 more human gametes or human diploid cells. 


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1 SEC. 510. (a) None of the funds made available in 

2 this Act may be used for any activity that promotes the 

3 legalization of any drug or other substance included in 

4 schedule I of the schedules of controlled substances estab5 lished by section 202 of the Controlled Substances Act (21 

6 U.S.C. 812). 

7 (b) The limitation in subsection (a) shall not apply 

8 when there is significant medical evidence of a therapeutic 

9 advantage to the use of such drug or other substance or 

10 that federally sponsored clinical trials are being conducted 

11 to determine therapeutic advantage. 

12 SEC. 511. None of the funds made available in this 

13 Act may be used to promulgate or adopt any final stand14 ard under section 1173(b) of the Social Security Act (42 

15 U.S.C. 1320d–2(b)) providing for, or providing for the as16 signment of, a unique health identifier for an individual 

17 (except in an individual’s capacity as an employer or a 

18 health care provider), until legislation is enacted specifi19 cally approving the standard. 

20 SEC. 512. None of the funds made available in this 

21 Act may be obligated or expended to enter into or renew 

22 a contract with an entity if— 

23 (1) such entity is otherwise a contractor with 

24 the United States and is subject to the requirement 

25 in section 4212(d) of title 38, United States Code, 


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1 regarding submission of an annual report to the Sec2 retary of Labor concerning employment of certain 

3 veterans; and 

4 (2) such entity has not submitted a report as 

5 required by that section for the most recent year for 

6 which such requirement was applicable to such enti7 ty. 

8 SEC. 513. None of the funds made available in this 

9 Act may be transferred to any department, agency, or in10 strumentality of the United States Government, except 

11 pursuant to a transfer made by, or transfer authority pro12 vided in, this Act or any other appropriation Act. 

13 SEC. 514. None of the funds made available by this 

14 Act to carry out the Library Services and Technology Act 

15 may be made available to any library covered by para16 graph (1) of section 224(f) of such Act (20 U.S.C. 

17 9134(f)), as amended by the Children’s Internet Protec18 tions Act, unless such library has made the certifications 

19 required by paragraph (4) of such section. 

20 SEC. 515. None of the funds made available by this 

21 Act to carry out part D of title II of the Elementary and 

22 Secondary Education Act of 1965 may be made available 

23 to any elementary or secondary school covered by para24 graph (1) of section 2441(a) of such Act (20 U.S.C. 

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1 tions Act and the No Child Left Behind Act, unless the 

2 local educational agency with responsibility for such cov3 ered school has made the certifications required by para4 graph (2) of such section. 

5 SEC. 516. None of the funds appropriated in this Act 

6 may be used to enter into an arrangement under section 

7 7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C. 

8 231f(b)(4)) with a nongovernmental financial institution 

9 to serve as disbursing agent for benefits payable under 

10 the Railroad Retirement Act of 1974. 

11 SEC. 517. (a) None of the funds provided under this 

12 Act, or provided under previous appropriations Acts to the 

13 agencies funded by this Act that remain available for obli14 gation or expenditure in fiscal year 2008, or provided from 

15 any accounts in the Treasury of the United States derived 

16 by the collection of fees available to the agencies funded 

17 by this Act, shall be available for obligation or expenditure 

18 through a reprogramming of funds that— 

19 (1) creates new programs; 

20 (2) eliminates a program, project, or activity; 

21 (3) increases funds or personnel by any means 

22 for any project or activity for which funds have been 

23 denied or restricted; 

24 (4) relocates an office or employees; 

25 (5) reorganizes or renames offices; 


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1 (6) reorganizes programs or activities; or 

2 (7) contracts out or privatizes any functions or 

3 activities presently performed by Federal employees; 

4 unless the Appropriations Committees of both Houses of 

5 Congress are notified 15 days in advance of such re6 programming or of an announcement of intent relating to 

7 such reprogramming, whichever occurs earlier. 

8 (b) None of the funds provided under this Act, or 

9 provided under previous appropriations Acts to the agen10 cies funded by this Act that remain available for obligation 

11 or expenditure in fiscal year 2008, or provided from any 

12 accounts in the Treasury of the United States derived by 

13 the collection of fees available to the agencies funded by 

14 this Act, shall be available for obligation or expenditure 

15 through a reprogramming of funds in excess of $500,000 

16 or 10 percent, whichever is less, that— 

17 (1) augments existing programs, projects (in18 cluding construction projects), or activities; 

19 (2) reduces by 10 percent funding for any exist20 ing program, project, or activity, or numbers of per21 sonnel by 10 percent as approved by Congress; or 

22 (3) results from any general savings from a re23 duction in personnel which would result in a change 

24 in existing programs, activities, or projects as ap25 proved by Congress; 


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1 unless the Appropriations Committees of both Houses of 

2 Congress are notified 15 days in advance of such re3 programming or of an announcement of intent relating to 

4 such reprogramming, whichever occurs earlier. 

5 SEC. 518. (a) None of the funds made available in 

6 this Act may be used to request that a candidate for ap7 pointment to a Federal scientific advisory committee dis8 close the political affiliation or voting history of the can9 didate or the position that the candidate holds with re10 spect to political issues not directly related to and nec11 essary for the work of the committee involved. 

12 (b) None of the funds made available in this Act may 

13 be used to disseminate scientific information that is delib14 erately false or misleading. 

15 SEC. 519. The Secretaries of Labor, Health and 

16 Human Services, and Education shall each prepare and 

17 submit to the Committees on Appropriations of the Senate 

18 and of the House of Representatives a report on the num19 ber and amount of contracts, grants, and cooperative 

20 agreements exceeding $100,000 in value and awarded by 

21 the Department on a non-competitive basis during each 

22 quarter of fiscal year 2008, but not to include grants 

23 awarded on a formula basis. Such report shall include the 

24 name of the contractor or grantee, the amount of funding, 

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1 mitted to the Committees within 30 days after the end 

2 of the quarter for which the report is submitted. 

3 SEC. 520. (a) IN GENERAL.—Notwithstanding any 

4 other provision of law (including any regulation or guid5 ance), amounts appropriated in this Act may be used to 

6 conduct research using human embryonic stem cells as 

7 long as the cells were derived prior to June 15, 2007, and 

8 the criteria described in subsection (c) are met. 

9 (b) APPLICATION OF SECTION.—The provisions of 

10 this section shall supercede the guidelines with respect to 

11 existing human embryonic stem cells that were developed 

12 based on the President’s announcement of August 9, 

13 2001. 

14 (c) ETHICAL REQUIREMENTS.—Human embryonic 

15 stem cells shall be eligible for use in any research con16 ducted or supported by the Secretary of Health and 

17 Human Services with amounts appropriated under this 

18 Act if the cells meet each of the following: 

19 (1) The stem cells were derived from human 

20 embryos that have been donated from in vitro fer21 tilization clinics, were created for the purposes of 

22 fertility treatment, and were in excess of the clinical 

23 need of the individuals seeking such treatment. 

24 (2) Prior to the consideration of embryo dona25 tion and through consultation with the individuals 


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1 seeking fertility treatment, it was determined that 

2 the embryos would never be implanted in a woman 

3 and would otherwise be discarded. 

4 (3) The individuals seeking fertility treatment 

5 donated the embryos with written informed consent 

6 and without receiving any financial or other induce7 ments to make the donation. 

8 This Act may be cited as the ‘‘Departments of Labor, 

9 Health and Human Services, and Education, and Related 

10 Agencies Appropriations Act, 2008’’. 


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Calendar No. 238 

110TH CONGRESS 

1ST SESSION S. 1710 

[Report No. 110

–107] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2008, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduJUNE 27, 2007 

Read twice and placed on the calendar 


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