In the Senate of the United States,
October 23, 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:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies for the fiscal year ending
September 30, 2008, and for other purposes, namely:
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TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSION)
For necessary expenses of the Workforce Investment Act
of 1998 (WIA), the Denali Commission Act of 1998, and
the Women in Apprenticeship and Non-Traditional 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;
$3,587,138,000, plus reimbursements, is available. Of the
amounts provided:
(1) for grants to States for adult employment
and training activities, youth activities, and 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;
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(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,
$481,540,000 as follows:
(A) $282,092,000 for the dislocated workers
assistance national reserve, of which $3,700,000
shall be available on October 1, 2007, of which
$66,392,000 shall be available for the period
July 1, 2008 through June 30, 2009, and of
which $212,000,000 shall be available for the pe-
riod October 1, 2008 through June 30, 2009:
Provided, That up to $150,000,000 may be made
available for Community-Based Job Training
Grants from funds reserved under section
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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-
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
$1,500,000 shall be for a non-competitive grant
to the AFL–CIO Working for America Institute,
which shall be awarded not later than 30 days
after the date of enactment of this Act: Provided
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further, That $2,200,000 shall be for a non-com-
petitive grant to the AFL–CIO Appalachian
Council, Incorporated, for Job Corps career tran-
sition services, which shall be awarded not later
than 30 days after the date of enactment of this
Act;
(B) $53,696,000 for Native American pro-
grams, which shall be available for the period
July 1, 2008 through June 30, 2009;
(C) $79,752,000 for migrant and seasonal
farmworkers, including $74,302,000 for formula
grants, $4,950,000 for migrant and seasonal
housing (of which not less than 70 percent shall
be for permanent housing), and $500,000 for
other discretionary purposes, which shall be
available for the period July 1, 2008 through
June 30, 2009: Provided, That, notwithstanding
any other provision of law or related regulation,
the Department shall take no action limiting the
number or proportion of eligible participants re-
ceiving related assistance services or discour-
aging grantees from providing such services;
(D) $1,000,000 for carrying out the Women
in Apprenticeship and Nontraditional Occupa-
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tions Act, which shall be available for the period
July 1, 2008 through June 30, 2009; and
(E) $65,000,000 for YouthBuild activities
as described in section 173A of the WIA, which
shall be available for the period April 1, 2008
through June 30, 2009;
(3) for national activities, $111,088,000, which
shall be available for the period July 1, 2008 through
July 30, 2009 as follows:
(A) $30,650,000 for Pilots, Demonstrations,
and Research, of which $27,650,000 shall be
available for noncompetitive grants, with the
terms, conditions and amounts specified in the
committee report of the Senate accompanying
this Act: Provided, That funding provided to
carry out projects under section 171 of the WIA
that are identified in the committee report ac-
companying 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;
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(B) $13,642,000 for ex-offender activities,
under the authority of section 171 of the Act,
notwithstanding the requirements of sections
171(b)(2)(B) or 171(c)(4)(D);
(C) $4,921,000 for Evaluation under section
172 of the WIA; and
(D) $6,875,000 for the Denali Commission,
which shall be available for the period July 1,
2008 through June 30, 2009.
Of the amounts made available under this heading in
Public Law 107–116 to carry out the activities of the Na-
tional Skills Standards Board, $44,063 are hereby re-
scinded.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of
1965, as amended, $483,611,000, which shall be available
for the period July 1, 2008 through June 30, 2009.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during fiscal year 2008 of trade adjust-
ment benefit payments and allowances under part I of sub-
chapter B of chapter II of the Trade Act of 1974 and section
246 of that Act; and for training, allowances for job search
and relocation, and related State administrative expenses
under part II of subchapter B of chapter 2, title II of the
Trade Act of 1974 (including the benefits and services de-
scribed under sections 123(c)(2) and 151(b) and (c) of the
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Trade Adjustment Assistance Reform Act of 2002, Public
Law 107–210), $888,700,000, together with such amounts
as may be necessary to be charged to the subsequent appro-
priation for payments for any period subsequent to Sep-
tember 15, 2008.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For authorized administrative expenses, $98,409,000,
together with not to exceed $3,248,223,000 which may be
expended from the Employment Security Administration
Account in the Unemployment Trust Fund (‘‘the Trust
Fund’’), of which:
(1) $2,510,723,000 from the Trust Fund is for
grants to States for the administration of State 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
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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;
(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) $34,000,000 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
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for amortization payments to States which had inde-
pendent retirement plans in their State employment
service agencies prior to 1980;
(5) $55,985,000 from the General Fund is to
provide workforce information, national electronic
tools, and one-stop system building under the Wagner-
Peyser Act and shall be available for Federal obliga-
tion for the period July 1, 2008 through June 30,
2009; and
(6) $19,541,000 is to provide for work incentive
grants to the States and shall be available for the pe-
riod 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
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the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop ca-
reer center system, or which are used to support the na-
tional activities of the Federal-State unemployment insur-
ance or immigration programs, may be obligated in con-
tracts, grants, or agreements with non-State entities: Pro-
vided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security
Act and the Wagner-Peyser Act may be used by States to
fund integrated Unemployment Insurance and Employ-
ment Service automation efforts, notwithstanding cost allo-
cation principles prescribed under the Office of Manage-
ment and Budget Circular A–87.
In addition, $40,000,000 from the Employment Secu-
rity Administration Account of the Unemployment Trust
Fund shall be available to conduct in-person reemployment
and eligibility assessments in one-stop career centers of
claimants of unemployment insurance: Provided, That not
later than 180 days following the end of the current fiscal
year, the Secretary shall submit an interim report to the
Congress that includes available information on expendi-
tures, number of individuals assessed, and outcomes from
the assessments: Provided further, That not later than 18
months following the end of the fiscal year, the Secretary