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quent hemodialysis clinical trials at the National Institute 
of Diabetes and Digestive and Kidney Diseases. 
SEC. 236. SMALL BUSINESS CHILD CARE GRANT PRO-
GRAM. For carrying out the small business child care grant 
program under section 8303 of the U.S. Troop Readiness, 
Veterans’ Care, Katrina Recovery, and Iraq Accountability 
Appropriations 
Act, 
2007 
(42 
U.S.C. 
9858 
note) 
$5,000,000, to remain available until expended. Each 
amount otherwise appropriated in this Act for administra-
tive expenses for the Department of Labor, Department of 
Health and Human Services, and Department of Education 
shall be reduced on a pro rata basis by the amount nec-
essary to provide the amount referred to in the preceding 
sentence. 
SEC. 237. Notwithstanding any other provision of law, 
no funds shall be made available under this Act to modify 
the HIV/AIDS funding formulas under title XXVI of the 
Public Health Service Act. 
SEC. 238. (a) The amount made available under the 
heading ‘‘AGING SERVICES PROGRAMS’’ under the heading 
‘‘ADMINISTRATION ON AGING’’ in this title shall be increased 
by $10,000,000 of which— 
(1) $5,000,000 shall be used to carry out part B 
of title III of the Older Americans Act of 1965 (42 
U.S.C. 3030d) for fiscal year 2008 (for supportive 
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services and senior centers to allow area agencies on 
aging to account for projected growth in the popu-
lation of older individuals, and inflation); 
(2) $2,000,000 shall be used to carry out part C 
of title III of such Act (42 U.S.C. 3030d–21 et seq.) 
for fiscal year 2008 (for congregate and home-deliv-
ered nutrition services to help account for increased 
gas and food costs); and 
(3) $3,000,000 shall be used to carry out part E 
of title III of such Act (42 U.S.C. 3030s et seq.) for 
fiscal year 2008 (for the National Family Caregiver 
Support Program to fund the program at the level 
authorized for that program under that Act (42 
U.S.C. 3001 et seq.)). 
(b)(1) The 3 amounts described in paragraph (2) shall 
be reduced on a pro rata basis, to achieve a total reduction 
of $10,000,000. 
(2) The amounts referred to in paragraph (1) are— 
(A) the amount made available under the head-
ing ‘‘SALARIES AND EXPENSES’’ under the heading 
‘‘DEPARTMENTAL MANAGEMENT’’ in title I, for ad-
ministration or travel expenses; 
(B) the amount made available under the head-
ing ‘‘GENERAL DEPARTMENTAL MANAGEMENT’’ under 
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the heading ‘‘OFFICE OF THE SECRETARY’’ in this 
title, for administration or travel expenses; and 
(C) the amount made available under the head-
ing ‘‘PROGRAM ADMINISTRATION’’ under the heading 
‘‘DEPARTMENTAL MANAGEMENT’’ in title III, for ad-
ministration or travel expenses. 
SEC. 239. (a) Notwithstanding any other provision of 
this Act, there shall be made available under this Act a total 
of $7,500,000 for the National Violent Death Reporting Sys-
tem within the Centers for Disease Control and Prevention. 
(b) Amounts made available under this Act for travel 
and administrative expenses for the Department of Labor, 
the Department of Health and Human Services, and the 
Department of Education shall be further reduced on a pro 
rata basis by the percentage necessary to decrease the overall 
amount of such spending by $7,500,000. 
SEC. 240. (a) Not later than 30 days after the date 
of enactment of this Act, the Secretary of Health and 
Human Services, acting through the Administrator of the 
Centers for Medicare & Medicaid Services, shall submit a 
report to the Committee on Appropriations of the Senate 
and the Committee on Appropriations of the House of Rep-
resentatives on workers’ compensation set-asides under the 
Medicare secondary payer set-aside provisions under title 
XVIII of the Social Security Act. 
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(b) The report described in subsection (a) shall contain 
the following information: 
(1) The number of workers’ compensation set- 
aside determination requests that have been pending 
for more than 60 days from the date of the initial 
submission for a workers’ compensation set-aside de-
termination. 
(2) The average amount of time taken between 
the date of the initial submission for a workers’ com-
pensation set-aside determination request and the 
date of the final determination by the Centers for 
Medicare & Medicaid Services. 
(3) The breakout of conditional payments recov-
ered when workers’ compensation is the primary 
payer separate from the amounts in Workers’ Com-
pensation Medicare Set-aside Accounts (in this sec-
tion referred to as ‘‘WCMSAs’’). 
(4) The aggregate amounts allocated in WCMSAs 
and disbursements from WCMSAs for fiscal year 2005 
and fiscal year 2006. 
(5) The number of conditional payment requests 
pending with regard to WCMSAs after 60 days from 
the date of the submission of the request. 
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(6) The number of WCMSAs that do not receive 
a determination based on the initial complete submis-
sion. 
(7) Any other information determined appro-
priate by the Congressional Budget Office in order to 
determine the baseline revenue and expenditures asso-
ciated with such workers’ compensation set-asides. 
SEC. 241. It is the sense of the Senate that the Sec-
retary of Health and Human Services should maintain 
‘‘deemed status’’ coverage under the Medicare program for 
clinical trials that are federally funded or reviewed, as pro-
vided for by the Executive Memorandum of June 2000. 
SEC. 242. (a) The amount appropriated under the 
heading ‘‘DISEASE CONTROL, RESEARCH, AND TRAINING’’ 
under the heading ‘‘CENTERS FOR DISEASE CONTROL AND 
PREVENTION’’ in this title is increased by $1,000,000. 
(b) The amount appropriated under the heading ‘‘GEN-
ERAL DEPARTMENTAL MANAGEMENT’’ under the heading 
‘‘OFFICE OF THE SECRETARY’’ in this title is decreased by 
$1,000,000. 
(c)(1)(A) The Secretary of Health and Human Serv-
ices (acting through the Director of the National Institute 
for Occupational Safety and Health) shall conduct, and 
shall invite the University of Utah and West Virginia Uni-
versity to participate in conducting, a study of the recovery 
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of coal pillars through retreat room and pillar mining prac-
tices in underground coal mines at depths greater than 
1500 feet. 
(B) The study shall examine the safety implications 
of retreat room and pillar mining practices, with emphasis 
on the impact of full or partial pillar extraction mining. 
(C) The study shall consider, among other things— 
(i) the conditions under which retreat mining is 
used, including conditions relating to— 
(I) seam thickness; 
(II) depth of cover; 
(III) strength of the mine roof, pillars, and 
floor; and 
(IV) the susceptibility of the mine to seismic 
activity; and 
(ii) the procedures used to ensure miner safety 
during retreat mining. 
(2)(A) Not later than 1 year after beginning the study 
described in paragraph (1), the Secretary shall submit a 
report containing the results of the study to the Committee 
on Education and Labor of the House of Representatives, 
the Committee on Health, Education, Labor, and Pensions 
of the Senate, the Committee on Appropriations of the 
House of Representatives, and the Committee on Appro-
priations of the Senate. 
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(B) The report shall include recommendations to en-
hance the safety of miners working in underground coal 
mines where retreat mining in room and pillar operations 
is utilized. Among other things, the recommendations shall 
identify means of adapting any practical technology to the 
mining environment to improve miner protections during 
mining at depths greater than 1500 feet, and research need-
ed to develop improved technology to improve miner protec-
tions during mining at such depths. 
(3) Not later than 90 days after the submission of the 
report described in paragraph (2) to Congress, the Secretary 
of Health and Human Services shall publish a notice in 
the Federal Register describing the actions, if any, that the 
Secretary intends to take based on the report. 
SEC. 243. None of the funds appropriated in this Act 
may be used to prevent an individual not in the business 
of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 381(g)) from importing a prescription drug 
from Canada that complies with sections 501, 502, and 505 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
351, 352, and 355) and is not— 
(1) a controlled substance, as defined in section 
102 of the Controlled Substances Act (21 U.S.C. 802); 
or 
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(2) a biological product, as defined in section 
351 of the Public Health Service Act (42 U.S.C. 262). 
This title may be cited as the ‘‘Department of Health 
and Human Services Appropriations Act, 2008’’. 
TITLE III 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’) and section 418A 
of the Higher Education Act of 1965, $15,867,778,000, of 
which $6,812,554,000 shall become available on July 1, 
2008, and shall remain available through September 30, 
2009, and of which $8,867,301,000 shall become available 
on October 1, 2008, and shall remain available through 
September 30, 2009, for academic year 2008–2009: Pro-
vided, That $6,808,407,000 shall be for basic grants under 
section 1124: Provided further, That up to $4,000,000 of 
these funds shall be available to the Secretary of Education 
on October 1, 2007, to obtain annually updated edu-
cational-agency-level census poverty data from the Bureau 
of the Census: Provided further, That $1,365,031,000 shall 
be for concentration grants under section 1124A: Provided 
further, That $2,868,231,000 shall be for targeted grants 
under section 1125: Provided further, That $2,868,231,000 
shall be for education finance incentive grants under section 
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1125A: Provided further, That $500,000,000 shall be for 
school improvement grants authorized under section 
1003(g) of the ESEA: Provided further, That $9,330,000 
shall be to carry out part E of title I: Provided further, 
That $1,634,000 shall be available for a comprehensive 
school reform clearinghouse. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the Ele-
mentary 
and 
Secondary 
Education 
Act 
of 
1965, 
$1,248,453,000, of which $1,111,867,000 shall be for basic 
support payments under section 8003(b), $49,466,000 shall 
be for payments for children with disabilities under section 
8003(d), $17,820,000 shall be for construction under section 
8007(b) and shall remain available through September 30, 
2009, $64,350,000 shall be for Federal property payments 
under section 8002, and $4,950,000, to remain available 
until expended, shall be for facilities maintenance under 
section 8008: Provided, That for purposes of computing the 
amount of a payment for an eligible local educational agen-
cy under section 8003(a) of the Elementary and Secondary 
Education Act (20 U.S.C. 7703(a)) for school year 2007– 
2008, children enrolled in a school of such agency that 
would otherwise be eligible for payment under section 
8003(a)(1)(B) of such Act, but due to the deployment of both 
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parents or legal guardians, or a parent or legal guardian 
having sole custody of such children, or due to the death 
of a military parent or legal guardian while on active duty 
(so long as such children reside on Federal property as de-
scribed in section 8003(a)(1)(B)), are no longer eligible 
under such section, shall be considered as eligible students 
under such section, provided such students remain in aver-
age daily attendance at a school in the same local edu-
cational agency they attended prior to their change in eligi-
bility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities author-
ized by title II, part B of title IV, subparts 6 and 9 of 
part D of title V, parts A and B of title VI, and parts 
B and C of title VII of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’); the McKinney-Vento Home-
less Assistance Act; section 203 of the Educational Tech-
nical Assistance Act of 2002; the Compact of Free Associa-
tion Amendments Act of 2003; and the Civil Rights Act of 
1964, $5,198,525,000, of which $3,560,485,000 shall become 
available on July 1, 2008, and remain available through 
September 30, 2009, and of which $1,435,000,000 shall be-
come available on October 1, 2008, and shall remain avail-
able through September 30, 2009, for academic year 2008– 
2009: Provided, That funds made available to carry out 
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part B of title VII of the ESEA may be used for construc-
tion, renovation and modernization of any elementary 
school, secondary school, or structure related to an elemen-
tary school or secondary school, run by the Department of 
Education of the State of Hawaii, that serves a predomi-
nantly Native Hawaiian student body: Provided further, 
That from the funds referred to in the preceding proviso, 
not less than $1,250,000 shall be for a grant to the Depart-
ment of Education of the State of Hawaii for the activities 
described in such proviso, and $1,250,000 shall be for a 
grant to the University of Hawaii School of Law for a Cen-
ter of Excellence in Native Hawaiian law: Provided further, 
That funds made available to carry out part C of title VII 
of the ESEA may be used for construction: Provided fur-
ther, That up to 100 percent of the funds available to a 
State educational agency under part D of title II of the 
ESEA may be used for subgrants described in section 
2412(a)(2)(B) of such Act: Provided further, That 
$60,000,000 shall be available to carry out section 203 of 
the Educational Technical Assistance Act of 2002: Provided 
further, That $34,376,000 shall be available to carry out 
part D of title V of the ESEA: Provided further, That no 
funds appropriated under this heading may be used to 
carry out section 5494 under the ESEA: Provided further, 
That $18,001,000 shall be available to carry out the Supple-
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mental Education Grants program for the Federated States 
of Micronesia and the Republic of the Marshall Islands: 
Provided further, That up to 5 percent of these amounts 
may be reserved by the Federated States of Micronesia and 
the Republic of the Marshall Islands to administer the Sup-
plemental Education Grants programs and to obtain tech-
nical assistance, oversight and consultancy services in the 
administration of these grants and to reimburse the United 
States Departments of Labor, Health and Human Services, 
and Education for such services. 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent not 
otherwise provided, title VII, part A of the Elementary and 
Secondary Education Act of 1965, $118,690,000. 
INNOVATION AND IMPROVEMENT 
For carrying out activities authorized by parts G and 
H of title I, subpart 5 of part A and parts C and D of 
title II, parts B, C, and D of title V, and section 1504 of 
the Elementary and Secondary Education Act of 1965 
(‘‘ESEA’’), $962,889,000: Provided, That $9,821,000 shall 
be provided to the National Board for Professional Teaching 
Standards to carry out section 2151(c) of the ESEA: Pro-
vided further, That from funds for subpart 4, part C of title 
II, up to 3 percent shall be available to the Secretary for 
technical assistance and dissemination of information: Pro-
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vided further, That $317,699,000 shall be available to carry 
out part D of title V of the ESEA: Provided further, That 
$64,504,000 of the funds for subpart 1, part D of title V 
of the ESEA shall be available for the projects and in the 
amounts specified in the committee report of the Senate ac-
companying this Act: Provided further, That $99,000,000 
of the funds for subpart 1 shall be for competitive grants 
to local educational agencies, including charter schools that 
are local educational agencies, or States, or partnerships 
of: (1) a local educational agency, a State, or both; and 
(2) at least one non-profit organization to develop and im-
plement performance-based teacher and principal com-
pensation systems in high-need schools: Provided further, 
That such performance-based compensation systems must 
consider gains in student academic achievement as well as 
classroom evaluations conducted multiple times during each 
school year among other factors and provide educators with 
incentives to take on additional responsibilities and leader-
ship roles: Provided further, That five percent of such funds 
for competitive grants shall be available for technical assist-
ance, training, peer review of applications, program out-
reach and evaluation activities. 
SAFE SCHOOLS AND CITIZENSHIP EDUCATION 
For carrying out activities authorized by subpart 3 of 
part C of title II, part A of title IV, and subparts 2, 3, 
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and 10 of part D of title V of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’), $697,112,000, of 
which $300,000,000 shall become available on July 1, 2008, 
and remain available through September 30, 2009: Pro-
vided, That of the amount available for subpart 2 of part 
A of title IV of the ESEA, $850,000 shall be used to con-
tinue the National Recognition Awards program under the 
same guidelines outlined by section 120(f) of Public Law 
105–244: Provided further, That $300,000,000 shall be 
available for subpart 1 of part A of title IV and 
$222,112,000 shall be available for subpart 2 of part A of 
title IV, of which not less than $1,000,000, to remain avail-
able until expended, shall be for the Project School Emer-
gency Response to Violence program to provide education- 
related services to local educational agencies in which the 
learning environment has been disrupted due to a violent 
or traumatic crisis: Provided further, That $145,000,000 
shall be available to carry out part D of title V of the 
ESEA: Provided further, That of the funds available to 
carry out subpart 3 of part C of title II, up to $12,000,000 
may be used to carry out section 2345 and $3,000,000 shall 
be used to implement a comprehensive program to improve 
public knowledge, understanding and support of the Con-
gress and the State legislatures. 
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ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the ESEA, 
$670,819,000, which shall become available on July 1, 2008, 
and shall remain available through September 30, 2009, ex-
cept that 6.5 percent of such amount shall be available on 
October 1, 2007, and shall remain available through Sep-
tember 30, 2009, to carry out activities under section 
3111(c)(1)(C). 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities 
Education Act (IDEA) and the Special Olympics Sport 
and Empowerment Act of 2004, $12,330,374,000, of which 
$6,192,551,000 shall become available on July 1, 2008, and 
shall remain available through September 30, 2009, and of 
which $5,924,200,000 shall become available on October 1, 
2008, and shall remain available through September 30, 
2009, for academic year 2008–2009: Provided, That 
$13,000,000 shall be for Recording for the Blind and 
Dyslexic, Inc., to support activities under section 
674(c)(1)(D) of the IDEA: Provided further, That 
$1,500,000 shall be for the recipient of funds provided by 
Public Law 105–78 under section 687(b)(2)(G) of the IDEA 
(as in effect prior to the enactment of the Individuals with 
Disabilities Education Improvement Act of 2004) to pro-
vide information on diagnosis, intervention, and teaching 
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strategies for children with disabilities: Provided further, 
That the amount for section 611(b)(2) of the IDEA shall 
be equal to the lesser of the amount available for that activ-
ity during fiscal year 2007, increased by the amount of in-
flation as specified in section 619(d)(2)(B) of the IDEA, 
or the percentage increase in the funds appropriated under 
section 611(i) of the IDEA: Provided further, That nothing 
in section 674(e) of the IDEA shall be construed to establish 
a private right of action against the National Instructional 
Materials Access Center for failure to perform the duties 
of such center or otherwise authorize a private right of ac-
tion related to the performance of such center: Provided fur-
ther, That $3,000,000 shall be available to support the Spe-
cial Olympics Winter World Games. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For carrying out, to the extent not otherwise provided, 
the Rehabilitation Act of 1973, the Assistive Technology Act 
of 1998 (‘‘the AT Act’’), and the Helen Keller National Cen-
ter Act, $3,286,942,000, of which $1,000,000 shall be award-
ed to the American Academy of Orthotists and Prosthetists 
for activities that further the purposes of the grant received 
by the Academy for the period beginning October 1, 2003, 
including activities to meet the demand for orthotic and 
prosthetic provider services and improve patient care: Pro-
vided, That $32,000,000 shall be used for carrying out the 
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AT Act, including $26,377,000 for State grant activities 
authorized under section 4 of the AT Act, $4,570,000 for 
State grants for protection and advocacy under section 5 
of the AT Act and $1,053,000 shall be for technical assist-
ance activities under section 6 of the AT Act: Provided fur-
ther, That $2,650,000 of the funds for section 303 of the 
Rehabilitation Act of 1973 shall be available for the projects 
and in the amounts specified in the committee report of 
the Senate accompanying this Act: Provided further, That 
$8,400,000 shall be used to carry out the Traumatic Brain 
Injury (TBI) Model Systems of Care Program and to sus-
tain at least 16 TBI Model Systems Centers. 
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, as amended 
(20 U.S.C. 101 et seq.), $22,000,000. 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf 
under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $59,000,000, of which 
$1,705,000 shall be for construction and shall remain avail-
able until expended: Provided, That from the total amount 
available, the Institute may at its discretion use funds for 
the endowment program as authorized under section 207. 
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