In the Senate of the United States,
November 7, 2007.
Resolved, That the bill from the House of Representa-
tives (H.R. 3043) entitled ‘‘An Act making appropriations for
the Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes.’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Statement of Appropriations.
LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS, 2008
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
SEC. 2. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out
of any money in the Treasury not otherwise appropriated,
for the fiscal year ending September 30, 2008.
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSIONS)
For necessary expenses of the Workforce Investment Act
of 1998 (‘‘WIA’’), the Denali Commission Act of 1998, and
the Women in Apprenticeship and Non-Traditional Occu-
pations Act of 1992, including the purchase and hire of pas-
senger motor vehicles, the construction, alteration, and re-
pair of buildings and other facilities, and the purchase of
real property for training centers as authorized by the WIA;
$3,618,940,000, plus reimbursements, is available. Of the
amounts provided:
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(1) for grants to States for adult employment
and training activities, youth activities, and dis-
located worker employment and training activities,
$2,994,510,000 as follows:
(A) $864,199,000 for adult employment and
training activities, of which $152,199,000 shall
be available for the period July 1, 2008 to June
30, 2009, and of which $712,000,000 shall be
available for the period October 1, 2008 through
June 30, 2009;
(B) $940,500,000 for youth activities, which
shall be available for the period April 1, 2008
through June 30, 2009; and
(C) $1,189,811,000 for dislocated worker
employment and training activities, of which
$341,811,000 shall be available for the period
July 1, 2008 through June 30, 2009, and of
which $848,000,000 shall be available for the pe-
riod October 1, 2008 through June 30, 2009:
Provided, That notwithstanding the transfer limita-
tion under section 133(b)(4) of the WIA, up to 30 per-
cent of such funds may be transferred by a local
board if approved by the Governor;
(2) 
for 
federally 
administered 
programs,
$483,371,000 as follows:
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(A) $282,092,000 for the dislocated workers
assistance national reserve, of which $6,300,000
shall be available on October 1, 2007, of which
$63,792,000 shall be available for the period
July 1, 2008 through June 30, 2009, and of
which $212,000,000 shall be available for the pe-
riod October 1, 2008 through June 30, 2009:
Provided, That up to $125,000,000 may be made
available for Community-Based Job Training
grants 
from 
funds 
reserved 
under 
section
132(a)(2)(A) of the WIA and shall be used to
carry out such grants under section 171(d) of
such Act, except that the 10 percent limitation
otherwise applicable to the amount of funds that
may be used to carry out section 171(d) shall not
be applicable to funds used for Community-
Based Job Training grants: Provided further,
That funds provided to carry out section
132(a)(2)(A) of the WIA may be used to provide
assistance to a State for State-wide or local use
in order to address cases where there have been
worker dislocations across multiple sectors or
across multiple local areas and such workers re-
main dislocated; coordinate the State workforce
development plan with emerging economic devel-
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opment needs; and train such eligible dislocated
workers: Provided further, That funds provided
to carry out section 171(d) of the WIA may be
used for demonstration projects that provide as-
sistance to new entrants in the workforce and in-
cumbent 
workers: 
Provided 
further, 
That
$2,600,000 shall be for a noncompetitive grant to
the National Center on Education and the Econ-
omy, which shall be awarded not later than 30
days after the date of enactment of this Act: Pro-
vided further, That $1,500,000 shall be for a
non-competitive grant to the AFL–CIO Working
for America Institute, which shall be awarded
not later than 30 days after the date of enact-
ment of this Act: Provided further, That
$2,200,000 shall be for a non-competitive grant
to the AFL–CIO Appalachian Council, Incor-
porated, for Job Corps career transition services,
which shall be awarded not later than 30 days
after the date of enactment of this Act;
(B) $55,039,000 for Native American pro-
grams, which shall be available for the period
July 1, 2008 through June 30, 2009;
(C) $82,740,000 for migrant and seasonal
farmworker programs under section 167 of the
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WIA, including $77,265,000 for formula grants
(of which not less that 70 percent shall be for em-
ployment and training services), $4,975,000 for
migrant and seasonal housing (of which not less
than 70 percent shall be for permanent housing),
and $500,000 for other discretionary purposes,
which shall be available for the period July 1,
2008 through June 30, 2009: Provided, That,
notwithstanding any other provision of law or
related regulation, the Department shall take no
action limiting the number or proportion of eli-
gible participants receiving related assistance
services or discouraging grantees from providing
such services;
(D) $1,000,000 for carrying out the Women
in Apprenticeship and Nontraditional Occupa-
tions Act, which shall be available for the period
July 1, 2008 through June 30, 2009; and
(E) $62,500,000 for YouthBuild activities
as described in section 173A of the WIA, which
shall be available for the period April 1, 2008
through June 30, 2009;
(3) for national activities, $141,059,000, which
shall be available for the period July 1, 2008 through
July 30, 2009 as follows:
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(A) $50,569,000 for Pilots, Demonstrations,
and Research, of which $5,000,000 shall be for
grants to address the employment and training
needs of young parents (notwithstanding the re-
quirements 
of 
sections 
171(b)(2)(B) 
or
171(c)(4)(D) of the WIA): Provided, That fund-
ing provided to carry out projects under section
171 of the WIA that are identified in the state-
ment of the managers on the conference report
accompanying this Act, shall not be subject to
the requirements of section 171(b)(2)(B) and
171(c)(4)(D) of the WIA, the joint funding re-
quirements 
of 
sections 
171(b)(2)(A) 
and
171(c)(4)(A) of the WIA, or any time limit re-
quirements 
of 
sections 
171(b)(2)(C) 
and
171(c)(4)(B) of the WIA;
(B) $78,694,000 for ex-offender activities,
under the authority of section 171 of the Act,
notwithstanding the requirements of sections
171(b)(2)(B) or 171(c)(4)(D), of which not less
than $59,000,000 shall be for youthful offender
activities: Provided, That $50,000,000 shall be
available from program year 2007 and program
year 2008 funds for competitive grants to local
educational agencies or community-based organi-
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zations to develop and implement mentoring
strategies that integrate educational and employ-
ment interventions designed to prevent youth vi-
olence in schools identified as persistently dan-
gerous under section 9532 of the Elementary and
Secondary Education Act;
(C) $4,921,000 for Evaluation under section
172 of the WIA; and
(D) $6,875,000 for the Denali Commission,
which shall be available for the period July 1,
2008 through June 30, 2009.
Of the amounts made available under this heading in
Public Law 107–116 to carry out the activities of the Na-
tional Skills Standards Board, $44,000 are rescinded.
Of the unexpended balances remaining from funds ap-
propriated to the Department of Labor under this heading
for fiscal years 2005 and 2006 to carry out the Youth, Adult
and Dislocated Worker formula programs under the Work-
force Investment Act, $245,000,000 are rescinded: Provided,
That the Secretary of Labor may, upon the request of a
State, apply any portion of the State’s share of this rescis-
sion to funds otherwise available to the State for such pro-
grams during program year 2007: Provided further, That
notwithstanding any provision of such Act, the Secretary
may waive such requirements as may be necessary to carry
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out the instructions relating to this rescission in the state-
ment of the managers on the conference report accom-
panying this Act.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of
1965, $530,900,000, which shall be available for the period
July 1, 2008 through June 30, 2009.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during fiscal year 2008 of trade adjust-
ment benefit payments and allowances under part I of sub-
chapter B of chapter 2 of title II of the Trade Act of 1974,
and section 246 of that Act; and for training, allowances
for job search and relocation, and related State administra-
tive expenses under Part II of subchapter B of chapter 2
of title II of the Trade Act of 1974, $888,700,000, together
with such amounts as may be necessary to be charged to
the subsequent appropriation for payments for any period
subsequent to September 15, 2008.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For authorized administrative expenses, $90,517,000,
together with not to exceed $3,337,506,000 which may be
expended from the Employment Security Administration
Account in the Unemployment Trust Fund (‘‘the Trust
Fund’’), of which:
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(1) $2,510,723,000 from the Trust Fund is for
grants to States for the administration of State un-
employment insurance laws as authorized under title
III of the Social Security Act (including $10,000,000
to conduct in-person reemployment and eligibility as-
sessments in one-stop career centers of claimants of
unemployment insurance), the administration of un-
employment insurance for Federal employees and for
ex-service members as authorized under sections
8501–8523 of title 5, United States Code, and the ad-
ministration of trade readjustment allowances and al-
ternative trade adjustment assistance under the Trade
Act of 1974, and shall be available for obligation by
the States through December 31, 2008, except that
funds used for automation acquisitions shall be avail-
able for obligation by the States through September
30, 2010, and funds used for unemployment insur-
ance workloads experienced by the States through
September 30, 2008 shall be available for Federal ob-
ligation through December 31, 2008;
(2) $10,500,000 from the Trust Fund is for na-
tional activities necessary to support the administra-
tion of the Federal-State unemployment insurance
system;
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(3) $693,000,000 from the Trust Fund, together
with $22,883,000 from the General Fund of the Treas-
ury, is for grants to States in accordance with section
6 of the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2008 through
June 30, 2009;
(4) $32,766,000 from the Trust Fund is for na-
tional activities of the Employment Service, including
administration of the work opportunity tax credit
under section 51 of the Internal Revenue Code of
1986, the administration of activities, including for-
eign labor certifications, under the Immigration and
Nationality Act, and the provision of technical assist-
ance and staff training under the Wagner-Peyser Act,
including not to exceed $1,228,000 that may be used
for amortization payments to States which had inde-
pendent retirement plans in their State employment
service agencies prior to 1980;
(5) $52,985,000 from the General Fund is to
provide workforce information, national electronic
tools, and one-stop system building under the Wagner-
Peyser Act and shall be available for Federal obliga-
tion for the period July 1, 2008 through June 30,
2009; and
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(6) $14,649,000 from the General Fund is to
provide for work incentive grants to the States and
shall be available for the period July 1, 2008 through
June 30, 2009:
Provided, That to the extent that the Average Weekly In-
sured Unemployment (‘‘AWIU’’) for fiscal year 2008 is pro-
jected by the Department of Labor to exceed 2,786,000, an
additional $28,600,000 from the Trust Fund shall be avail-
able for obligation for every 100,000 increase in the AWIU
level (including a pro rata amount for any increment less
than 100,000) to carry out title III of the Social Security
Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under
title III of the Social Security Act may be used by such
State to assist other States in carrying out activities under
such title III if the other States include areas that have
suffered a major disaster declared by the President under
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act: Provided further, That the Secretary of Labor
may use funds appropriated for grants to States under title
III of the Social Security Act to make payments on behalf
of States for the use of the National Directory of New Hires
under section 453(j)(8) of such Act: Provided further, That
funds appropriated in this Act which are used to establish
a national one-stop career center system, or which are used