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NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of
the Railway Labor Act, including emergency boards ap-
pointed by the President, $12,992,000, of which $750,000
shall be for arbitrator salaries and expenses pursuant to
section 153(1).
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission, $10,696,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement
Act of 1974, $79,000,000, which shall include amounts be-
coming available in fiscal year 2008 pursuant to section
224(c)(1)(B) of Public Law 98–76; and in addition, an
amount, not to exceed 2 percent of the amount provided
herein, shall be available proportional to the amount by
which the product of recipients and the average benefit re-
ceived exceeds the amount available for payment of vested
dual benefits: Provided, That the total amount provided
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herein shall be credited in 12 approximately equal amounts
on the first day of each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the Treas-
ury for the payment of benefits under the Railroad Retire-
ment Act for interest earned on unnegotiated checks,
$150,000, to remain available through September 30, 2009,
which shall be the maximum amount available for payment
pursuant to section 417 of Public Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board for administration of the Railroad Retirement Act
and 
the 
Railroad 
Unemployment 
Insurance 
Act,
$103,694,000, to be derived in such amounts as determined
by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insur-
ance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral for audit, investigatory and review activities, as au-
thorized by the Inspector General Act of 1978, not more
than $7,803,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account:
Provided, That none of the funds made available in any
other paragraph of this Act may be transferred to the Office;
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used to carry out any such transfer; used to provide any
office space, equipment, office supplies, communications fa-
cilities or services, maintenance services, or administrative
services for the Office; used to pay any salary, benefit, or
award for any personnel of the Office; used to pay any other
operating expense of the Office; or used to reimburse the
Office for any service provided, or expense incurred, by the
Office: Provided further, That funds made available under
the heading in this Act, or subsequent Departments of
Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Acts, may be used for any
audit, investigation, or review of the Medicare Program.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors In-
surance Trust Fund and the Federal Disability Insurance
Trust Fund, as provided under sections 201(m), 217(g),
228(g), and 1131(b)(2) of the Social Security Act,
$28,140,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Secu-
rity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of Public
Law 95–216, including payment to the Social Security
trust funds for administrative expenses incurred pursuant
to 
section 
201(g)(1) 
of 
the 
Social 
Security 
Act,
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$27,014,000,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State
in the current fiscal year and not obligated by the State
during that year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the So-
cial Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the
Social Security Act for the first quarter of fiscal year 2009,
$14,800,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $15,000 for official
reception and representation expenses, not more than
$9,522,953,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all
of the trust funds referred to therein: Provided, That not
less than $2,000,000 shall be for the Social Security Advi-
sory Board: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal
year 2008 not needed for fiscal year 2008 shall remain
available until expended to invest in the Social Security
Administration information technology and telecommuni-
cations hardware and software infrastructure, including re-
lated equipment and non-payroll administrative expenses
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associated solely with this information technology and tele-
communications infrastructure: Provided further, That re-
imbursement to the trust funds under this heading for ex-
penditures for official time for employees of the Social Secu-
rity Administration pursuant to section 7131 of title 5,
United States Code, and for facilities or support services
for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest,
from amounts in the general fund not otherwise appro-
priated, as soon as possible after such expenditures are
made.
From funds provided under the first paragraph, not
less than $263,970,000 shall be available for conducting
continuing disability reviews under titles II and XVI of the
Social Security Act and for conducting redeterminations of
eligibility under title XVI of the Social Security Act.
In addition to amounts made available above, and sub-
ject to the same terms and conditions, $213,000,000, for ad-
ditional continuing disability reviews and redeterminations
of eligibility.
In addition, $135,000,000 to be derived from adminis-
tration fees in excess of $5.00 per supplementary payment
collected pursuant to section 1616(d) of the Social Security
Act or section 212(b)(3) of Public Law 93–66, which shall
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remain available until expended. To the extent that the
amounts collected pursuant to such sections in fiscal year
2008 exceed $135,000,000, the amounts shall be available
in fiscal year 2009 only to the extent provided in advance
in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act (Public Law 108–203), which shall remain
available until expended.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, $27,000,000, together with not to exceed
$68,047,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the
Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the
total provided in this appropriation may be transferred
from the ‘‘Limitation on Administrative Expenses’’, Social
Security Administration, to be merged with this account,
to be available for the time and purposes for which this
account is available: Provided, That notice of such transfers
shall be transmitted promptly to the Committees on Appro-
priations of the House of Representatives and the Senate.
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TITLE V
GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
unexpended balances of prior appropriations to accounts
corresponding to current appropriations provided in this
Act. Such transferred balances shall be used for the same
purpose, and for the same periods of time, for which they
were originally appropriated.
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained
in this Act shall be used, other than for normal and recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress or any State legisla-
ture, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this
Act shall be used to pay the salary or expenses of any grant
or contract recipient, or agent acting for such recipient, re-
lated to any activity designed to influence legislation or ap-
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propriations pending before the Congress or any State legis-
lature.
SEC. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official re-
ception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
‘‘Federal Mediation and Conciliation Service, Salaries and
expenses’’; and the Chairman of the National Mediation
Board is authorized to make available for official reception
and representation expenses not to exceed $5,000 from funds
available for ‘‘National Mediation Board, Salaries and ex-
penses’’.
SEC. 505. Notwithstanding any other provision of this
Act, no funds appropriated in this Act shall be used to
carry out any program of distributing sterile needles or sy-
ringes for the hypodermic injection of any illegal drug.
SEC. 506. When issuing statements, press releases, re-
quests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
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local governments and recipients of Federal research grants,
shall clearly state—
(1) the percentage of the total costs of the pro-
gram or project which will be financed with Federal
money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total
costs of the project or program that will be financed
by non-governmental sources.
SEC. 507. (a) None of the funds appropriated in this
Act, and none of the funds in any trust fund to which funds
are appropriated in this Act, shall be expended for any
abortion.
(b) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for health bene-
fits coverage that includes coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the
package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
SEC. 508. (a) The limitations established in the pre-
ceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of
rape or incest; or
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(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness,
including a life-endangering physical condition
caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman
in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed
as prohibiting the expenditure by a State, locality, entity,
or private person of State, local, or private funds (other
than a State’s or locality’s contribution of Medicaid match-
ing funds).
(c) Nothing in the preceding section shall be construed
as restricting the ability of any managed care provider
from offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State’s or locality’s
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act
may be made available to a Federal agency or program,
or to a State or local government, if such agency, program,
or government subjects any institutional or individual
health care entity to discrimination on the basis that the
health care entity does not provide, pay for, provide cov-
erage of, or refer for abortions.
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(2) In this subsection, the term ‘‘health care entity’’
includes an individual physician or other health care pro-
fessional, a hospital, a provider-sponsored organization, a
health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
SEC. 509. (a) None of the funds made available in this
Act may be used for—
(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly subjected
to risk of injury or death greater than that allowed
for research on fetuses in utero under 45 CFR
46.204(b) and section 498(b) of the Public Health
Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human em-
bryo or embryos’’ includes any organism, not protected as
a human subject under 45 CFR 46 as of the date of the
enactment of this Act, that is derived by fertilization, par-
thenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells.
SEC. 510. (a) None of the funds made available in this
Act may be used for any activity that promotes the legaliza-
tion of any drug or other substance included in schedule
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I of the schedules of controlled substances established under
section 202 of the Controlled Substances Act (21 U.S.C.
812) except for normal and recognized executive-congres-
sional communications.
(b) The limitation in subsection (a) shall not apply
when there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to de-
termine therapeutic advantage.
SEC. 511. None of the funds made available in this
Act may be used to promulgate or adopt any final standard
under section 1173(b) of the Social Security Act (42 U.S.C.
1320d–2(b)) providing for, or providing for the assignment
of, a unique health identifier for an individual (except in
an individual’s capacity as an employer or a health care
provider), until legislation is enacted specifically approving
the standard.
SEC. 512. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with an entity if—
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in
section 4212(d) of title 38, United States Code, re-
garding submission of an annual report to the Sec-
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retary of Labor concerning employment of certain vet-
erans; and
(2) such entity has not submitted a report as re-
quired by that section for the most recent year for
which such requirement was applicable to such entity.
SEC. 513. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except pur-
suant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
SEC. 514. None of the funds made available by this
Act to carry out the Library Services and Technology Act
may be made available to any library covered by paragraph
(1) of section 224(f) of such Act, as amended by the Chil-
dren’s Internet Protection Act, unless such library has made
the certifications required by paragraph (4) of such section.
SEC. 515. None of the funds made available by this
Act to carry out part D of title II of the Elementary and
Secondary Education Act of 1965 may be made available
to any elementary or secondary school covered by para-
graph (1) of section 2441(a) of such Act, as amended by
the Children’s Internet Protection Act and the No Child Left
Behind Act, unless the local educational agency with re-
sponsibility for such covered school has made the certifi-
cations required by paragraph (2) of such section.
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SEC. 516. (a) None of the funds provided under this
Act, or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 2008, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means
for any project or activity for which funds have been
denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in ad-
vance of such reprogramming or of an announcement of in-
tent relating to such reprogramming, whichever occurs ear-
lier.
(b) None of the funds provided under this Act, or pro-
vided under previous appropriations Acts to the agencies
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funded by this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any ac-
counts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds in excess of $500,000 or 10 per-
cent, whichever is less, that—
(1) augments existing programs, projects (in-
cluding construction projects), or activities;
(2) reduces by 10 percent funding for any exist-
ing program, project, or activity, or numbers of per-
sonnel by 10 percent as approved by Congress; or
(3) results from any general savings from a re-
duction in personnel which would result in a change
in existing programs, activities, or projects as ap-
proved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in ad-
vance of such reprogramming or of an announcement of in-
tent relating to such reprogramming, whichever occurs ear-
lier.
SEC. 517. (a) None of the funds made available in this
Act may be used to request that a candidate for appoint-
ment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or
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the position that the candidate holds with respect to polit-
ical issues not directly related to and necessary for the work
of the committee involved.
(b) None of the funds made available in this Act may
be used to disseminate scientific information that is delib-
erately false or misleading.
SEC. 518. Within 45 days of enactment of this Act,
each department and related agency funded through this
Act shall submit an operating plan that details at the pro-
gram, project, and activity level any funding allocations
for fiscal year 2008 that are different than those specified
in this Act, the accompanying detailed table in the com-
mittee report, or the fiscal year 2008 budget request.
SEC. 519. None of the funds made available by this
Act may be used to carry out the evaluation of the Upward
Bound program described in the absolute priority for Up-
ward Bound Program participant selection and evaluation
published by the Department of Education in the Federal
Register on September 22, 2006 (71 Fed. Reg. 55447 et
seq.).
SEC. 520. None of the funds in this Act may be used
to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act.
SEC. 521. The Secretaries of Labor, Health and
Human Services, and Education shall each prepare and
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submit to the Committees on Appropriations of the House
of Representatives and the Senate a report on the number
and amount of contracts, grants, and cooperative agree-
ments exceeding $100,000 in value and awarded by the De-
partment on a non-competitive basis during each quarter
of fiscal year 2008, but not to include grants awarded on
a formula basis. Such report shall include the name of the
contractor or grantee, the amount of funding, and the gov-
ernmental purpose. Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for
which the report is submitted.
SEC. 522. Not later than 30 days after the date of en-
actment of this Act, the Departments, agencies, and com-
missions funded under this Act, shall establish and main-
tain on the homepages of their Internet websites—
(1) a direct link to the Internet websites of their
Offices of Inspectors General; and
(2) a mechanism on the Offices of Inspectors
General website by which individuals may anony-
mously report cases of waste, fraud, or abuse with re-
spect to those Departments, agencies, and commis-
sions.
SEC. 523. None of the funds appropriated or otherwise
made available by this Act may be used to enter into a
contract in an amount greater than $5,000,000 or to award
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a grant in excess of such amount unless the prospective con-
tractor or grantee certifies in writing to the agency award-
ing the contract or grant that, to the best of its knowledge
and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability re-
mains unsatisfied, unless the assessment is the subject of
an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not
in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
SEC. 524. Section 1848(l)(2)(A) of the Social Security
Act, as amended by section 6 of the TMA, Abstinence Edu-
cation, and QI Programs Extension Act of 2007 (Public
Law 110–90), is amended by striking ‘‘$1,350,000,000’’ and
inserting ‘‘$1,200,000,000, but in no case shall expenditures
from the Fund in fiscal year 2008 exceed $650,000,000’’
in the first sentence.
SEC. 525. Iraqi and Afghan aliens granted special im-
migrant status under section 101(a)(27) of the Immigration
and Nationality Act shall be eligible for resettlement assist-
ance, entitlement programs, and other benefits available to
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refugees admitted under section 207 of such Act for a period
not to exceed 6 months.
SEC. 526. None of the funds appropriated by this Act
may be used by the Commissioner of Social Security or the
Social Security Administration to pay the compensation of
employees of the Social Security Administration to admin-
ister Social Security benefit payments, under any agree-
ment between the United States and Mexico establishing to-
talization arrangements between the social security system
established by title II of the Social Security Act and the
social security system of Mexico, which would not otherwise
be payable but for such agreement.
SEC. 527. None of the funds appropriated in this Act
shall be expended or obligated by the Commissioner of So-
cial Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process claims for credit for quarters of coverage based
on work performed under a social security account number
that was not the claimant’s number which is an offense pro-
hibited under section 208 of the Social Security Act.
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This Act may be cited as the ‘‘Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2008’’.
Attest:
Secretary.