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the report described in section 633(g)(2) of such Act not
later than 1 year after date of enactment of this Act: Pro-
vided further, That $2,000,000 of the amounts appropriated
under this heading shall be made available to carry out den-
tal workforce programs under section 340G of the Public
Health Service Act (42 U.S.C. 256g).
OFFICE OF MEDICARE HEARINGS AND APPEALS
For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such Act),
$70,000,000, to be transferred in appropriate part from the
Federal Hospital Insurance and the Federal Supple-
mentary Medical Insurance Trust Funds.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH
INFORMATION TECHNOLOGY
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts and cooperative agreements for the devel-
opment and advancement of an interoperable national
health information technology infrastructure, $43,000,000:
Provided, That in addition to amounts provided herein,
$28,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out health information technology network development.
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OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral, including the hire of passenger motor vehicles for in-
vestigations, in carrying out the provisions of the Inspector
General Act of 1978, as amended, $45,687,000: Provided,
That of such amount, necessary sums are available for pro-
viding protective services to the Secretary and investigating
non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$33,748,000, together with not to exceed $3,314,000 to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance
Trust Fund and the Supplemental Medical Insurance Trust
Fund.
RETIREMENT PAY AND MEDICAL BENEFITS FOR
COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public
Health Service Commissioned Officers as authorized by law,
for payments under the Retired Serviceman’s Family Pro-
tection Plan and Survivor Benefit Plan, for medical care
of dependents and retired personnel under the Dependents’
Medical Care Act (10 U.S.C. ch. 55), such amounts as may
be required during the current fiscal year.
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PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to support activities related to
countering potential biological, disease, nuclear, radio-
logical and chemical threats to civilian populations, and
for other public health emergencies, $786,556,000, of which
not to exceed $22,338,000, to remain available until Sep-
tember 30, 2009, is to pay the costs described in section
319F–2(c)(7)(B) of the Public Health Service Act, and of
which $189,000,000 shall be used to support advanced re-
search and development of medical countermeasures, con-
sistent with section 319L of the Public Health Service Act.
For expenses necessary to prepare for and respond to
an 
influenza 
pandemic, 
$888,000,000, 
of 
which
$652,000,000 shall be available until expended, for activi-
ties including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and
other surveillance tools: Provided, That products purchased
with these funds may, at the discretion of the Secretary,
be deposited in the Strategic National Stockpile: Provided
further, That notwithstanding section 496(b) of the Public
Health Service Act, funds may be used for the construction
or renovation of privately owned facilities for the produc-
tion of pandemic influenza vaccines and other biologicals,
where the Secretary finds such a contract necessary to se-
cure sufficient supplies of such vaccines or biologicals: Pro-
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vided further, That $158,000,000 shall be transferred within
30 days of enactment to the Centers for Disease Control and
Prevention for pandemic preparedness activities: Provided
further, That funds appropriated herein and not specifi-
cally designated under this heading may be transferred to
other appropriation accounts of the Department of Health
and Human Services, as determined by the Secretary to
be appropriate, to be used for the purposes specified in this
sentence.
For expenses to provide screening and treatment for
first response emergency services personnel, residents, stu-
dents, and others related to the September 11, 2001, ter-
rorist attacks on the World Trade Center, $55,000,000 to
be transferred to Centers for Disease Control and Preven-
tion, Disease Control, Research, and Training.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
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Nations International Children’s Emergency Fund or the
World Health Organization.
SEC. 203. None of the funds appropriated in this Act
may be used to implement section 1503 of the National In-
stitutes of Health Revitalization Act of 1993, Public Law
103–43.
SEC. 204. None of the funds appropriated in this Act
for the National Institutes of Health, the Agency for
Healthcare Research and Quality, and the Substance Abuse
and Mental Health Services Administration shall be used
to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive
Level I.
SEC. 205. None of the funds appropriated in this title
for Head Start shall be used to pay the compensation of
an individual, either as direct costs or any proration as
an indirect cost, at a rate in excess of Executive Level II.
SEC. 206. None of the funds appropriated in this Act
may be expended pursuant to section 241 of the Public
Health Service Act, except for funds specifically provided
for in this Act, or for other taps and assessments made by
any office located in the Department of Health and Human
Services, prior to the Secretary’s preparation and submis-
sion of a report to the Committee on Appropriations of the
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Senate and of the House detailing the planned uses of such
funds.
SEC. 207. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall de-
termine, but not more than 2.4 percent, of any amounts
appropriated for programs authorized under said Act shall
be made available for the evaluation (directly, or by grants
or contracts) of the implementation and effectiveness of such
programs.
(TRANSFER OF FUNDS)
SEC. 208. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated for the current fiscal year for the Department of
Health and Human Services in this Act may be transferred
between a program, project, or activity, but no such pro-
gram, project, or activity shall be increased by more than
3 percent by any such transfer: Provided, That a program,
project, or activity may be increased by up to an additional
2 percent subject to approval by the House and Senate Com-
mittees on Appropriations: Provided further, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Appropriations Committees of both Houses of Con-
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gress are notified at least 15 days in advance of any trans-
fer.
(TRANSFER OF FUNDS)
SEC. 209. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS Re-
search, may transfer up to 3 percent among institutes and
centers from the total amounts identified by these two Di-
rectors as funding for research pertaining to the human im-
munodeficiency virus: Provided, That the Appropriations
Committees of both Houses of Congress are promptly noti-
fied of the transfer.
(TRANSFER OF FUNDS)
SEC. 210. Of the amounts made available in this Act
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as
jointly determined by the Director of the National Institutes
of Health and the Director of the Office of AIDS Research,
shall be made available to the ‘‘Office of AIDS Research’’
account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out
section 2353(d)(3) of the Public Health Service Act.
SEC. 211. None of the funds appropriated in this Act
may be made available to any entity under title X of the
Public Health Service Act unless the applicant for the
award certifies to the Secretary that it encourages family
participation in the decision of minors to seek family plan-
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ning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in
sexual activities.
SEC. 212. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be
used to carry out the Medicare Advantage program if the
Secretary denies participation in such program to an other-
wise eligible entity (including a Provider Sponsored Orga-
nization) because the entity informs the Secretary that it
will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall
make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound
estimate of the expected costs of providing the service to such
entity’s enrollees): Provided further, That nothing in this
section shall be construed to change the Medicare program’s
coverage for such services and a Medicare Advantage orga-
nization described in this section shall be responsible for
informing enrollees where to obtain information about all
Medicare covered services.
SEC. 213. Notwithstanding any other provision of law,
no provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child molesta-
tion, sexual abuse, rape, or incest.
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SEC. 214. (a) Except as provided by subsection (e)
none of the funds appropriated by this Act may be used
to withhold substance abuse funding from a State pursuant
to section 1926 of the Public Health Service Act (42 U.S.C.
300x–26) if such State certifies to the Secretary of Health
and Human Services by May 1, 2008, that the State will
commit additional State funds, in accordance with sub-
section (b), to ensure compliance with State laws prohib-
iting the sale of tobacco products to individuals under 18
years of age.
(b) The amount of funds to be committed by a State
under subsection (a) shall be equal to 1 percent of such
State’s substance abuse block grant allocation for each per-
centage point by which the State misses the retailer compli-
ance rate goal established by the Secretary of Health and
Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fis-
cal year 2008 for tobacco prevention programs and for com-
pliance activities at a level that is not less than the level
of such expenditures maintained by the State for fiscal year
2007, and adding to that level the additional funds for to-
bacco compliance activities required under subsection (a).
The State is to submit a report to the Secretary on all fiscal
year 2007 State expenditures and all fiscal year 2008 obli-
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gations for tobacco prevention and compliance activities by
program activity by July 31, 2008.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2008.
(e) None of the funds appropriated by this Act may
be used to withhold substance abuse funding pursuant to
section 1926 from a territory that receives less than
$1,000,000.
SEC. 215. In order for the Department of Health and
Human Services to carry out international health activi-
ties, including HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health ac-
tivities abroad during fiscal year 2008, the Secretary of
Health and Human Services—
(1) may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of
the State Department Basic Authorities Act of 1956
(22 U.S.C. 2669(c)). The Secretary of Health and
Human Services shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927) and other appli-
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cable statutes administered by the Department of
State; and
(2) is authorized to provide such funds by ad-
vance or reimbursement to the Secretary of State as
may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of fa-
cilities outside of the United States for the use of the
Department of Health and Human Services. The De-
partment of State shall cooperate fully with the Sec-
retary of Health and Human Services to ensure that
the Department of Health and Human Services has
secure, safe, functional facilities that comply with ap-
plicable regulation governing location, setback, and
other facilities requirements and serve the purposes
established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit
private institutions or agencies in participating for-
eign countries, funds to acquire, lease, alter, or ren-
ovate facilities in those countries as necessary to con-
duct programs of assistance for international health
activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environ-
mental diseases, and other health activities abroad.
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SEC. 216. The Division of Federal Occupational
Health hereafter may utilize personal services contracting
to employ professional management/administrative and oc-
cupational health professionals.
SEC. 217. (a) AUTHORITY.—Notwithstanding any
other provision of law, the Director of the National Insti-
tutes of Health may use funds available under sections
402(b)(7) and 402(b)(12) of the Public Health Service Act
(42 U.S.C. 282(i)) to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out
research in support of the NIH Common Fund.
(b) PEER REVIEW.—In entering into transactions
under subsection (a), the Director of the National Institutes
of Health may utilize such peer review procedures (includ-
ing consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments
of scientific and technical merit. Such procedures shall
apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the Public Health Service
Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A),
289a, and 289c).
SEC. 218. Funds which are available for Individual
Learning Accounts for employees of the Centers for Disease
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Control and Prevention and the Agency for Toxic Sub-
stances and Disease Registry may be transferred to ‘‘Dis-
ease Control, Research, and Training’’, to be available only
for Individual Learning Accounts: Provided, That such
funds may be used for any individual full-time equivalent
employee while such employee is employed either by CDC
or ATSDR.
SEC. 219. Notwithstanding any other provisions of
law, funds made available in this Act may be used to con-
tinue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102–408.
SEC. 220. In addition to any other amounts available
for such travel, and notwithstanding any other provision
of law, amounts available from this or any other appropria-
tion for the purchase, hire, maintenance, or operation of
aircraft by the Centers for Disease Control and Prevention
shall be available for travel by the Secretary of Health and
Human Services, the Director of the Centers for Disease
Control and Prevention, and employees of the Department
of Health and Human Services accompanying the Sec-
retary or the Director during such travel.
SEC. 221. The Director of the National Institutes of
Health shall require that all investigators funded by the
NIH submit or have submitted for them to the National
Library of Medicine’s PubMed Central an electronic version
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of their final, peer-reviewed manuscripts upon acceptance
for publication to be made publicly available no later than
12 months after the official date of publication: Provided,
That the NIH shall implement the public access policy in
a manner consistent with copyright law.
SEC. 222. (a) The Secretary of Health and Human
Services is authorized to award a grant to the Delta Health
Alliance, a nonprofit alliance of academic institutions in
the Mississippi Delta region that has as its primary pur-
poses addressing longstanding, unmet health needs and
catalyzing economic development in the Mississippi Delta.
(b) To be eligible to receive a grant under subsection
(a), the Delta Health Alliance shall solicit and fund pro-
posals from local governments, hospitals, health care clinics,
academic institutions, and rural public health-related enti-
ties and organizations for research development, edu-
cational programs, health care services, job training, and
planning, construction, and equipment of public health-re-
lated facilities in the Mississippi Delta region.
(c) With respect to the use of grant funds under this
section for construction or major alteration of property, the
Federal interest in the property involved shall last for a
period of 1 year following the completion of the project or
until such time that the Federal Government is com-
pensated for its proportionate interest in the property if
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the property use changes or the property is transferred or
sold, whichever time period is less. At the conclusion of such
period, the Notice of Federal Interest in such property shall
be removed.
(d) There are authorized to be appropriated such sums
as may be necessary to carry out this section in fiscal year
2008 and in each of the five succeeding fiscal years.
SEC. 223. Not to exceed $35,000,000 of funds appro-
priated by this Act to the Institutes and Centers of the Na-
tional Institutes of Health may be used for alteration, re-
pair, or improvement of facilities, as necessary for the prop-
er and efficient conduct of the activities authorized herein,
at not to exceed $2,500,000 per project.
(TRANSFER OF FUNDS)
SEC. 224. Of the amounts made available in this Act
for the National Institutes of Health, 1 percent of the
amount made available for National Research Service
Awards (NRSA) shall be made available to the Adminis-
trator of the Health Resources and Services Administration
to make NRSA awards for research in primary medical
care to individuals affiliated with entities who have re-
ceived grants or contracts under section 747 of the Public
Health Service Act, and 1 percent of the amount made
available for NRSA shall be made available to the Director
of the Agency for Healthcare Research and Quality to make
NRSA awards for health service research.
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SEC. 225. Nothing in this Act shall be construed to
effect or otherwise modify provisions of current Federal law
with respect to the funding of abortion.
SEC. 226. Of the funds made available in this Act for
subtitle B of title IV of the Cardiac Arrest Survival Act
of 2000 (Public Law 106–505), $200,000 shall be used to
carry out section 312(c)(6) of the Public Health Service Act.
SEC. 227. (a) In addition to any amounts appro-
priated or otherwise made available under this Act to the
Health Resources and Services Administration to carry out
programs and activities under the Health Care Safety Net
Amendments of 2002 (Public Law 107–251) and the
amendments made by such Act, and for other telehealth pro-
grams under section 330I of the Public Health Service Act
(42 U.S.C. 254c–14), there shall be made available an addi-
tional $6,800,000, to (1) expand support for existing and
new telehealth resource centers, including at least 1 resource
center focusing on telehomecare; (2) support telehealth net-
work grants, telehealth demonstrations, and telehomecare
pilot projects; and (3) provide grants to carry out programs
under which health licensing boards or various States co-
operate to develop and implement policies that will reduce
statutory and regulatory barriers to telehealth.
(b) Notwithstanding any other provision of this Act,
amounts appropriated or otherwise made available under
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this Act for the administrative and related expenses for de-
partmental management for the Department of Labor, the
Department of Health and Human Services, and the De-
partment of Education, shall be reduced on a pro rata basis
by $6,800,000.
SEC. 228. (a) Not later than November 30, 2008, the
Comptroller General of the United States shall submit to
Congress a report concerning State health care reform ini-
tiatives.
(b) The report required under subsection (a) shall in-
clude the following:
(1) An assessment of State efforts to reexamine
health care delivery and health insurance systems and
to expand the access of residents to health insurance
and health care services, including the following:
(A) An overview of State approaches to re-
examining health care delivery and insurance.
(B) A description of whether and to what
extent State health care initiatives have resulted
in improved access to health care and insurance.
(C) A description of the extent to which
public and private cooperation has occurred in
State health care initiatives.
(D) A description of the outcomes of State
insurance coverage mandates.
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(E) A description of the effects of increased
health care costs on State fiscal choices.
(F) A description of the effects of Federal
law and funding on State health care initiatives
and fiscal choices.
(G) A description of outcomes of State ef-
forts to increase health care quality and control
costs.
(2) Recommendations regarding the potential
role of Congress in supporting State-based reform ef-
forts, including the following:
(A) Enacting changes in Federal law that
would facilitate State-based health reform and
expansion efforts.
(B) Creating new or realigning existing
Federal funding mechanisms to support State-
based reform and expansion efforts.
(C) Expanding existing Federal health in-
surance programs and increasing other sources of
Federal health care funding to support State-
based health reform and expansion efforts.
SEC. 229. None of the funds made available in this
Act may be used—
(1) for the Ombudsman Program of the Centers
for Disease Control and Prevention; and
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(2) by the Centers for Disease Control and Pre-
vention to provide additional rotating pastel lights,
zero-gravity chairs, or dry-heat saunas for its fitness
center.
SEC. 230. (a) In addition to amounts otherwise appro-
priated under this Act, there is appropriated, out of any
money in the Treasury not otherwise appropriated, an ad-
ditional $3,000,000 for the Centers for Disease Control and
Prevention to make grants under the State Heart Disease
and Stroke Prevention Program.
(b) Amounts made available under this Act for con-
sulting services for the Department of Labor, the Depart-
ment 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 $3,000,000.
SEC. 231. Notwithstanding any other provision of this
Act, amounts appropriated in this Act for the administra-
tion and related expenses for the departmental management
of the Department of Labor, the Department of Health and
Human Services, and the Department of Education shall
be reduced by a pro rata percentage required to reduce the
total amount appropriated in this Act by $30,000,000.
SEC. 232. (a) In addition to any other amounts appro-
priated or otherwise made available under this Act,
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$8,000,000 shall be available to carry out activities under
the Patient Navigator Outreach and Chronic Disease Pre-
vention Act of 2005 (Public Law 109–18).
(b) Amounts made available under this Act for con-
sulting services for the Department of Labor, the Depart-
ment 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 $8,000,000.
SEC. 233. (a) In addition to other amounts made
available in this title, $3,000,000 shall be made available
for trauma care activities.
(b) Amounts made available under this Act for con-
sulting services for the Department of Labor, the Depart-
ment of Health and Human Services, and the Department
of Education shall be reduced on a pro rata basis by the
percentage necessary to decrease the overall amount of such
spending by $6,000,000.
SEC. 234. (a) In addition to other amounts appro-
priated in this title to carry out title VII of the Public
Health Service Act, $2,000,000 shall be made available to
carry out allied health professional programs under section
755 of such title VII, other than the Chiropractic-Medical
School Demonstration Grant program, Graduate Psy-
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chology training programs, and podiatric physicians pro-
grams.
(b) Amounts made available under this Act for con-
sulting services for the Department of Labor, the Depart-
ment of Health and Human Services, and the Department
of Education shall be reduced further on a pro rata basis
by the percentage necessary to decrease the overall amount
of such spending by $2,000,000.
SEC. 235. It is the sense of the Senate that a portion
of the funds appropriated under this title be used for fre-
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.
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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
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.)).
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(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
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
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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.
(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
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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.
(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.
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(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
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
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(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.
(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.
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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
(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
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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
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
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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
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
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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
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-
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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-
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.
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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-
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
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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,
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-
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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.
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,
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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
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.
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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
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.
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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.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School,
the Model Secondary School for the Deaf, and the partial
support of Gallaudet University under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
seq.), $111,000,000, of which $600,000 shall be for the Sec-
retary of Education to carry out section 205 of the Act:
Provided, That from the total amount available, the Univer-
sity may at its discretion use funds for the endowment pro-
gram as authorized under section 207.
CAREER, TECHNICAL, AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided,
the Carl D. Perkins Career and Technical Education Act
of 2006, the Adult Education and Family Literacy Act, and
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title VIII–D of the Higher Education Amendments of 1998,
$1,894,788,000, of which $1,103,788,000 shall become avail-
able on July 1, 2008, and shall remain available through
September 30, 2009, and of which $791,000,000 shall be-
come available on October 1, 2008, and shall remain avail-
able through September 30, 2009: Provided, That of the
amount provided for Adult Education State Grants,
$67,896,000 shall be made available for integrated English
literacy and civics education services to immigrants and
other limited English proficient populations: Provided fur-
ther, That of the amount reserved for integrated English
literacy and civics education, notwithstanding section 211
of the Adult Education and Family Literacy Act, 65 per-
cent shall be allocated to States based on a State’s absolute
need as determined by calculating each State’s share of a
10-year average of the Immigration and Naturalization
Service data for immigrants admitted for legal permanent
residence for the 10 most recent years, and 35 percent allo-
cated to States that experienced growth as measured by the
average of the 3 most recent years for which Immigration
and Naturalization Service data for immigrants admitted
for legal permanent residence are available, except that no
State shall be allocated an amount less than $60,000: Pro-
vided further, That of the amounts made available for the
Adult Education and Family Literacy Act, $7,000,000
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shall be for national leadership activities under section 243
and $6,638,000 shall be for the National Institute for Lit-
eracy 
under 
section 
242: 
Provided 
further, 
That
$22,770,000 shall be for Youth Offender Grants.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 4 of part A, part
C and part E of title IV of the Higher Education Act of
1965, as amended, $16,368,883,000, which shall remain
available through September 30, 2009.
The maximum Pell Grant for which a student shall
be eligible during award year 2008–2009 shall be $4,310.
STUDENT AID ADMINISTRATION
For Federal administrative expenses to carry out part
D of title I, and subparts 1, 3, and 4 of part A, and parts
B, C, D, and E of title IV of the Higher Education Act
of 1965, as amended, $708,216,000, which shall remain
available until expended.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the Higher Education
Act of 1965 (‘‘HEA’’), as amended, the Mutual Educational
and Cultural Exchange Act of 1961, and section 117 of the
Carl D. Perkins Career and Technical Education Act of
2006, $2,028,302,000: Provided, That $9,699,000, to remain
available through September 30, 2009, shall be available to
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fund fellowships for academic year 2009–2010 under part
A, subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1: Provided further, That
$970,000 is for data collection and evaluation activities for
programs under the HEA, including such activities needed
to comply with the Government Performance and Results
Act of 1993: Provided further, That notwithstanding any
other provision of law, funds made available in this Act
to carry out title VI of the HEA and section 102(b)(6) of
the Mutual Educational and Cultural Exchange Act of 1961
may be used to support visits and study in foreign countries
by individuals who are participating in advanced foreign
language training and international studies in areas that
are vital to United States national security and who plan
to apply their language skills and knowledge of these coun-
tries in the fields of government, the professions, or inter-
national development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may
be used for program evaluation, national outreach, and in-
formation dissemination activities: Provided further, That
the funds provided for title II of the HEA shall be allocated
notwithstanding section 210 of such Act: Provided further,
That $12,000,000 shall be for grants to institutions of high-
er education, in partnership with local educational agen-
cies, to establish instructional programs at all educational
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levels in languages critical to U.S. national security: Pro-
vided further, That $59,855,000 of the funds for part B of
title VII of the Higher Education Act of 1965 shall be avail-
able for the projects and in the amounts specified in the
committee report of the Senate accompanying this Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $237,392,000, of which not less than $3,526,000
shall be for a matching endowment grant pursuant to the
Howard University Endowment Act (Public Law 98–480)
and shall remain available until expended.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For Federal administrative expenses to carry out ac-
tivities related to existing facility loans pursuant to section
121 of the Higher Education Act of 1965, as amended
$481,000.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title III, part D of the High-
er Education Act of 1965, as amended, $188,000.
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INSTITUTE OF EDUCATION SCIENCES
For carrying out activities authorized by the Edu-
cation Sciences Reform Act of 2002, as amended, the Na-
tional Assessment of Educational Progress Authorization
Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Dis-
abilities 
Education 
Act, 
$589,826,000, 
of 
which
$322,020,000 shall be available until September 30, 2009.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided,
the Department of Education Organization Act, including
rental of conference rooms in the District of Columbia and
hire of three passenger motor vehicles, $432,631,000, of
which $3,000,000, to remain available until expended, shall
be for building alterations and related expenses for the move
of Department staff to the Mary E. Switzer building in
Washington, DC: Provided, That the Secretary of Edu-
cation shall assess the impact on education felt by students
in states with a high proportion of federal land compared
to students in non-public land states. The study shall con-
sider current student teacher ratios, trends in student teach-
er ratios, the proportion of property tax dedicated to edu-
cation in each State, and the impact of these and other fac-
tors on education in public land states. The Secretary shall
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submit the report not later than 1 year after the date of
the enactment of this Act.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
as authorized by section 203 of the Department of Edu-
cation Organization Act, $93,771,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $54,239,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in order
to overcome racial imbalance in any school or school system,
or for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
SEC. 302. None of the funds contained in this Act shall
be used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student’s home, except for a student requiring
special education, to the school offering such special edu-
cation, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect re-
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quirement of transportation of students includes the trans-
portation of students to carry out a plan involving the reor-
ganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of
grade restructuring, pairing or clustering. The prohibition
described in this section does not include the establishment
of magnet schools.
SEC. 303. No funds appropriated in this Act may be
used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated for the Department of Education in this Act may
be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Commit-
tees of both Houses of Congress are notified at least 15 days
in advance of any transfer.
SEC. 305. None of the funds made available in this
Act may be used to promulgate, implement, or enforce any
revision to the regulations in effect under section 496 of the
Higher Education Act of 1965 on June 1, 2007, until legis-
lation specifically requiring such revision is enacted.
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SEC. 306. (a) Notwithstanding section 8013(9)(B) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)(B)), North Chicago Community Unit
School District 187, North Shore District 112, and Town-
ship High School District 113 in Lake County, Illinois, and
Glenview Public School District 34 and Glenbrook High
School District 225 in Cook County, Illinois, shall be con-
sidered local educational agencies as such term is used in
and for purposes of title VIII of such Act.
(b) Notwithstanding any other provision of law, feder-
ally connected children (as determined under section
8003(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(a))) who are in attendance in the
North Shore District 112, Township High School District
113, Glenview Public School District 34, and Glenbrook
High School District 225 described in subsection (a), shall
be considered to be in attendance in the North Chicago Com-
munity Unit School District 187 described in subsection (a)
for purposes of computing the amount that the North Chi-
cago Community Unit School District 187 is eligible to re-
ceive under subsection (b) or (d) of such section if—
(1) such school districts have entered into an
agreement for such students to be so considered and
for the equitable apportionment among all such school
districts of any amount received by the North Chicago
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Community Unit School District 187 under such sec-
tion; and
(2) any amount apportioned among all such
school districts pursuant to paragraph (1) is used by
such school districts only for the direct provision of
educational services.
SEC. 307. Notwithstanding any other provision of this
Act, $2,000,000 shall be available for the Underground
Railroad Educational and Cultural Program. Amounts ap-
propriated under title III for administrative expenses shall
be reduced on a pro rata basis by $2,000,000.
SEC. 308. No funds appropriated under this Act may
be used by the Secretary of Education to promulgate, imple-
ment, or enforce the evaluation for the Upward Bound Pro-
gram as announced in the Notice of Final Priority pub-
lished at 71 Fed. Reg. 55447–55450 (Sept. 22, 2006), until
after the Committee on Health, Education, Labor, and Pen-
sions of the Senate and the Committee on Education and
Labor of the House of Representatives have thoroughly ex-
amined such regulation in concert with the reauthorization
of the Higher Education Act of 1965.
SEC. 309. Notwithstanding any other provision of this
Act, the Secretary of Education shall, not later than Sep-
tember 30, 2008, submit to the appropriate committees of
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Congress and post on the Internet website of the Department
of Education, a report concerning—
(1) the total number of Department of Education
employees, including employees who salaries are paid
by the Department but are employed by contractors
or grantees of the Department;
(2) the total number, and percentage, of such em-
ployees who have previously worked in a classroom as
a teacher or a teacher’s assistant;
(3) of the employees who have worked in a class-
room, the average number of years of time spent as
an instructor;
(4) the total dollar amount, and overall percent-
age of the Department of Education funding, that is
expended—
(A) in the classroom;
(B) on student tuition assistance;
(C) on overhead and administrative costs
and expenses; and
(D) on Congressionally directed spending
items, including the administrative costs of ad-
ministering such earmarks; and
(5) a listing of all of the programs run by the
Department of Education and the total budget and
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most recent evaluation of each such program, and a
notation if no such evaluation has been conducted.
SEC. 310. SENSE
OF
THE
SENATE
REGARDING
SCIENCE TEACHING AND ASSESSMENT. (a) FINDINGS.—The
Senate finds that there is broad agreement in the scientific
community that learning science requires direct involve-
ment by students in scientific inquiry and that such direct
involvement must be included in every science program for
every science student in prekindergarten through grade 16.
(b) SENSE OF THE SENATE REGARDING THE NA-
TIONAL ASSESSMENT OF EDUCATIONAL PROGRESS 2009
SCIENCE TEST.—It is the sense of the Senate that—
(1) the National Assessment of Educational
Progress (NAEP) 2009 Science assessment should re-
flect the findings of the Senate described in subsection
(a) and those expressed in section 7026(a) of the
America Creating Opportunities to Meaningfully Pro-
mote Excellence in Technology, Education, and
Science Act; and
(2) the National Assessment Governing Board
(NAGB) should certify that the National Assessment
of Education Progress 2009 Science framework, speci-
fication, and assessment include extensive and ex-
plicit attention to inquiry.
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(c) REPORT.—The National Assessment Governing
Board shall submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate describing
whether the certification described in subsection (b)(2) has
been made, and if such certification has been made, include
in the report the following:
(1) A description of the analysis used to arrive
at such certification.
(2) A list of individuals with experience in in-
quiry science education making the certification.
SEC. 311. (a) In addition to amounts otherwise appro-
priated under this Act, there are appropriated, out of any
money in the Treasury not otherwise appropriated—
(1) $6,000,000 to carry out the programs for
baccalaureate degrees in science, technology, engineer-
ing, mathematics, or critical foreign languages, with
concurrent teacher certification under section 6113 of
the America COMPETES Act (Public Law 110–69);
and
(2) $4,000,000 to carry out the programs for
master’s degrees in science, technology, engineering,
and mathematics, or critical foreign language edu-
cation under section 6114 of the America COM-
PETES Act (Public Law 110–69).
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(b) Notwithstanding any other provision of this Act,
amounts made available under this Act for the administra-
tion and related expenses for the departmental management
of the Department of Education, shall be reduced by
$10,000,000.
SEC. 312. (a) The Secretary of Education shall update
the 2002 Department of Education and United States Se-
cret Service guidance entitled ‘‘Threat Assessment in
Schools: A Guide to Managing Threatening Situations and
to Creating Safe School Climates’’ to reflect the rec-
ommendations contained in the report entitled ‘‘Report to
the President On Issues Raised by the Virginia Tech Trag-
edy’’, to include the need to provide schools with guidance
on how information can be shared legally under the regula-
tions issued under section 264(c) of the Health Insurance
Portability and Accountability Act and the Family Edu-
cational Rights and Privacy Act.
(b) Not later than 3 months after the date of enactment
of this Act, the Secretary of Education shall disseminate
the updated guidance under subsection (a) to institutions
of higher education and to State departments of education
for distribution to all local education agencies.
SEC. 313. (a) Not later than May 31, 2009, the Comp-
troller General of the United States shall submit a report
to Congress on the strategies utilized to assist students in
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meeting State student academic achievement standards, in-
cluding achieving proficiency on State academic assess-
ments.
(b) The report required under subsection (a) shall in-
clude data collected from a representative sample of schools
across the Nation to determine the strategies utilized by
schools to prepare students to meet State student academic
achievement standards and achieve proficiency on State
academic assessments, including the following categories of
strategies:
(1) Adjusting the structure of the school day,
which may include the expansion of the school day,
or modifications in the time spent on instruction in
core academic subjects.
(2) The professional development provided to
teachers or additional school personnel to assist low-
performing students.
(3) Changes in the provision of instruction to
students, including targeting low-performing students
for specialized instruction or tutoring.
(4) Utilizing types of instructional materials to
prepare students.
(5) Instituting other State or local assessments.
(6) Using other strategies to prepare students to
meet State student academic achievement standards
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and achieve proficiency on State academic assess-
ments.
(c) The data collected pursuant to this section shall
be disaggregated by—
(1) schools with a high percentage of students eli-
gible for a free or reduced price lunch under the Rich-
ard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.);
(2) schools with a low percentage of students eli-
gible for a free or reduced price lunch under the Rich-
ard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.);
(3) schools with a student enrollment consisting
of a majority of racial and ethnic minority students;
(4) schools with a student enrollment consisting
of a majority of non-minority students;
(5) urban schools;
(6) suburban schools;
(7) rural schools; and
(8) schools identified as in need of improvement
under section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316).
(d) The representative sample described in subsection
(b) shall be designed in such a manner as to provide valid,
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reliable, and accurate information as well as sufficient sam-
ple sizes for each type of school described in subsection (c).
(e) The data collected under subsection (b) shall be re-
ported separately for the most common types of strategies,
in each of the categories listed in paragraphs (1) through
(6) of subsection (b), used by schools to prepare students
to meet State student academic achievement standards, in-
cluding achieving proficiency on State academic assess-
ments.
SEC. 314. Prior to January 1, 2008, the Secretary of
Education may not terminate any voluntary flexible agree-
ment under section 428A of the Higher Education Act of
1965 (20 U.S.C. 1078–1) that exists on the date of enact-
ment of this Act. With respect to an entity with which the
Secretary of Education has a voluntary flexible agreement
under section 428A of the Higher Education Act of 1965
(20 U.S.C. 1078–1) on the date of enactment of this Act
that is not cost neutral, if the Secretary terminates such
agreement after January 1, 2008, the Secretary of Edu-
cation shall, not later than December 31, 2008, negotiate
to enter, and enter, into a new voluntary flexible agreement
with such entity so that the agreement is cost neutral, unless
such entity does not want to enter into such agreement.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2008’’.
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TITLE IV
RELATED AGENCIES
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE
BLIND OR SEVERELY DISABLED
SALARIES AND EXPENSES
For expenses necessary of the Committee for Purchase
From People Who Are Blind or Severely Disabled estab-
lished by Public Law 92–28, $4,994,000.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS,
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for Na-
tional and Community Service to carry out the programs,
activities, and initiatives under provisions of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) (the
1973 Act) and the National and Community Service Act
of 1990 (42 U.S.C. 12501 et seq.) (the 1990 Act),
$804,489,000: Provided, That all prior year unobligated
balances from the ‘‘Domestic Volunteer Service Programs,
Operating Expenses’’ account shall be transferred to and
merged with this appropriation: Provided further, That up
to one percent of program grant funds may be used to de-
fray costs of conducting grant application reviews, includ-
ing the use of outside peer reviewers: Provided further, That
none of the funds made available to the Corporation for Na-
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tional and Community Service in this Act for activities au-
thorized by section 122 of part C of title I and part E of
title II of the Domestic Volunteer Service Act of 1973 shall
be used to provide stipends or other monetary incentives
to program participants whose incomes exceed 125 percent
of the national poverty level: Provided further, That not
more than $275,775,000 of the amount provided under this
heading shall be available for grants under the National
Service Trust Program authorized under subtitle C of title
I of the 1990 Act (42 U.S.C. 12571 et seq.) (relating to ac-
tivities of the AmeriCorps program), including grants to
organizations operating projects under the AmeriCorps
Education Awards Program (without regard to the require-
ments of sections 121(d) and (e), section 131(e), section 132,
and sections 140(a), (d), and (e) of the 1990 Act: Provided
further, That not less than $117,720,000 of the amount pro-
vided under this heading, to remain available without fiscal
year limitation, shall be transferred to the National Service
Trust for educational awards authorized under subtitle D
of title I of the 1990 Act (42 U.S.C. 12601), of which up
to $4,000,000 shall be available to support national service
scholarships for high school students performing community
service, and of which $7,000,000 shall be held in reserve
as defined in Public Law 108–45: Provided further, That
in addition to amounts otherwise provided to the National
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Service Trust under the fifth proviso, the Corporation may
transfer funds from the amount provided under the fourth
proviso, to the National Service Trust authorized under sub-
title D of title I of the 1990 Act (42 U.S.C. 12601) upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to Congress: Provided further, That of the
amount provided under this heading for grants under the
National Service Trust program authorized under subtitle
C of title I of the Act, not more than $65,000,000 may be
used to administer, reimburse, or support any national
service program authorized under section 121(d)(2) of such
Act (42 U.S.C. 12581(d)(2)): Provided further, That not-
withstanding section 501(a)(4) of the Act, of the funds pro-
vided under this heading, not more than $12,516,000 shall
be made available to provide assistance to State commis-
sions on national and community service under section
126(a) of the 1990 Act: Provided further, That not more
than $10,466,000 shall be available for quality and innova-
tion activities authorized under subtitle H of title I of the
1990 Act (42 U.S.C. 12853 et seq.): Provided further, That
notwithstanding subtitle H of title I of the 1990 Act (42
U.S.C. 12853), none of the funds provided under the pre-
vious proviso shall be used to support salaries and related
expenses (including travel) attributable to Corporation em-
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ployees: Provided further, That $31,789,000 of the funds
made available under this heading shall be available for the
Civilian Community Corps authorized under subtitle E of
title I of the 1990 Act (42 U.S.C. 12611 et seq.), of which
not less than $5,000,000 shall be for the acquisition, renova-
tion, equipping and startup costs for a campus located in
Vinton, Iowa and a campus in Vicksburg, Mississippi.
SALARIES AND EXPENSES
For necessary expenses of administration as provided
under section 501(a)(4) of the National and Community
Service Act of 1990 (42 U.S.C. 12501 et seq.) and under
section 504(a) of the Domestic Volunteer Service Act of
1973, including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, the employment of experts and
consultants authorized under 5 U.S.C. 3109, and not to ex-
ceed $2,500 for official reception and representation ex-
penses, $69,520,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the Inspector General Act of 1978, as
amended, $6,900,000.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding any other provision of law, the term
‘‘qualified student loan’’ with respect to national service
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education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student’s cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section
148(b)(7) of the National and Community Service Act.
Notwithstanding any other provision of law, funds
made available under section 129(d)(5)(B) of the National
and Community Service Act to assist entities in placing
applicants who are individuals with disabilities may be
provided to any entity that receives a grant under section
121 of the Act.
The Inspector General of the Corporation for National
and Community Service shall conduct random audits of the
grantees that administer activities under the AmeriCorps
programs and shall levy sanctions in accordance with
standard Inspector General audit resolution procedures
which include, but are not limited to, debarment of any
grantee (or successor in interest or any entity with substan-
tially the same person or persons in control) that has been
determined to have committed any substantial violations of
the requirements of the AmeriCorps programs, including
any grantee that has been determined to have violated the
prohibition of using Federal funds to lobby the Congress:
Provided, That the Inspector General shall obtain reim-
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bursements in the amount of any misused funds from any
grantee that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps
programs.
For fiscal year 2008, the Corporation shall make any
significant changes to program requirements or policy only
through public notice and comment rulemaking. For fiscal
year 2008, during any grant selection process, no officer
or employee of the Corporation shall knowingly disclose any
covered grant selection information regarding such selec-
tion, directly or indirectly, to any person other than an
officer or employee of the Corporation that is authorized
by the Corporation to receive such information.
Except as expressly provided herein, not to exceed 1
percent of any discretionary funds (pursuant to the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended) which are appropriated for the Corporation
in this Act may be transferred between activities identified
under this heading in the committee report accompanying
this Act, but no such activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
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CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of 1934,
an amount which shall be available within limitations spec-
ified by that Act, for the fiscal year 2010, $420,000,000:
Provided, That no funds made available to the Corporation
for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment
for Government officials or employees: Provided further,
That none of the funds contained in this paragraph shall
be available or used to aid or support any program or activ-
ity from which any person is excluded, or is denied benefits,
or is discriminated against, on the basis of race, color, na-
tional origin, religion, or sex: Provided further, That for
fiscal year 2008, in addition to the amounts provided above,
$29,700,000 shall be for costs related to digital program
production, development, and distribution, associated with
the transition of public broadcasting to digital broad-
casting, to be awarded as determined by the Corporation
in consultation with public radio and television licensees
or permittees, or their designated representatives: Provided
further, That for fiscal year 2008, in addition to the
amounts provided above, $26,750,000 shall be for the costs
associated with replacement and upgrade of the public
radio interconnection system: Provided further, That none
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of the funds made available to the Corporation for Public
Broadcasting by this Act, Public Law 108–199 or Public
Law 108–7, shall be used to support the Television Future
Fund or any similar purpose.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in
it by the Labor Management Relations Act, 1947 (29 U.S.C.
171–180, 182–183), including hire of passenger motor vehi-
cles; for expenses necessary for the Labor-Management Co-
operation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, Public Law 95–454
(5 U.S.C. chapter 71), $44,450,000, including $400,000, to
remain available through September 30, 2009, for activities
authorized by the Labor-Management Cooperation Act of
1978 (29 U.S.C. 175a): Provided, That notwithstanding 31
U.S.C. 3302, fees charged, up to full-cost recovery, for spe-
cial training activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for arbi-
tration services shall be credited to and merged with this
account, and shall remain available until expended: Pro-
vided further, That fees for arbitration services shall be
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available only for education, training, and professional de-
velopment of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real, per-
sonal, or other property in the aid of any projects or func-
tions within the Director’s jurisdiction.
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety
and Health Review Commission (30 U.S.C. 801 et seq.),
$8,096,000.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out the Museum and Library Services
Act of 1996, $266,680,000: Provided, That $8,680,000 shall
be available for the projects and in the amounts specified
in the committee report of the Senate accompanying this
Act: Provided further, That funds may be made available
for grants to Federal commissions that support museum
and library activities, in partnership with libraries and
museums that are eligible for funding under programs car-
ried out by the Institute of Museum and Library Services.
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MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the
Social Security Act, $10,748,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION
SCIENCE
SALARIES AND EXPENSES
For close out activities of the National Commission on
Libraries and Information Science, established by the Act
of July 20, 1970 (Public Law 91–345, as amended),
$400,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $3,113,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Rela-
tions Board to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, as amended (29
U.S.C. 141–167), and other laws, $256,988,000: Provided,
That no part of this appropriation shall be available to or-
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ganize or assist in organizing agricultural laborers or used
in connection with investigations, hearings, directives, or
orders concerning bargaining units composed of agricul-
tural laborers as referred to in section 2(3) of the Act of
July 5, 1935 (29 U.S.C. 152), and as amended by the
Labor-Management Relations Act, 1947, as amended, and
as defined in section 3(f) of the Act of June 25, 1938 (29
U.S.C. 203), and including in said definition employees en-
gaged in the maintenance and operation of ditches, canals,
reservoirs, and waterways when maintained or operated on
a mutual, nonprofit basis and at least 95 percent of the
water stored or supplied thereby is used for farming pur-
poses.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of
the Railway Labor Act, as amended (45 U.S.C. 151–188),
including emergency boards appointed by the President,
$12,992,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission (29 U.S.C. 661),
$10,696,000.
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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 $97,000,000: Provided, That the total amount
provided 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
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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, as amended,
not more than $8,000,000, 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; used to carry out any such transfer; used to pro-
vide any office space, equipment, office supplies, commu-
nications facilities or services, maintenance services, or ad-
ministrative 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 De-
partments of Labor, Health and Human Services, and Edu-
cation, and Related Agencies Appropriations Acts, may be
used for any audit, investigation, or review of the Medicare
Program.
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SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors In-
surance and the Federal Disability Insurance trust funds,
as provided under sections 201(m), 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,
$26,959,000,000, 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.
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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
$9,372,953,000 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
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-
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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 shall
be available for additional 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
remain available until expended. To the extent that the
amounts collected pursuant to such section 1616(d) or
212(b)(3) 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.
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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, as amended, $28,000,000, together with not to
exceed $68,047,000, to be transferred and expended as au-
thorized 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 and Senate.
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: Provided, That such transferred balances are used for
the same purpose, and for the same periods of time, for
which they were originally appropriated.
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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-
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
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expenses not to exceed $5,000 from the funds available for
‘‘Salaries and expenses, Federal Mediation and Concilia-
tion Service’’; 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 ‘‘Salaries and expenses, National Mediation
Board’’.
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
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
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(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
(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.
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(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.
(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.
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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
I of the schedules of controlled substances established by sec-
tion 202 of the Controlled Substances Act (21 U.S.C. 812).
(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
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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-
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-
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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 (20 U.S.C. 9134(f)), as
amended by the Children’s Internet Protections Act, unless
such library has made the certifications required by para-
graph (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 (20 U.S.C.
6777(a)), as amended by the Children’s Internet Protections
Act and the No Child Left Behind Act, unless the local edu-
cational agency with responsibility for such covered school
has made the certifications required by paragraph (2) of
such section.
SEC. 516. None of the funds appropriated in this Act
may be used to enter into an arrangement under section
7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C.
231f(b)(4)) with a nongovernmental financial institution to
serve as disbursing agent for benefits payable under the
Railroad Retirement Act of 1974.
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SEC. 517. (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 Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such re-
programming or of an announcement of intent relating to
such reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or pro-
vided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
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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 Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such re-
programming or of an announcement of intent relating to
such reprogramming, whichever occurs earlier.
SEC. 518. (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
the position that the candidate holds with respect to polit-
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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. 519. The Secretaries of Labor, Health and
Human Services, and Education shall each prepare and
submit to the Committees on Appropriations of the Senate
and of the House of Representatives 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. 520. 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
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(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. 521. None of the funds made available under this
Act may be used to circumvent any statutory or adminis-
trative formula-driven or competitive awarding process to
award funds to a project in response to a request from a
Member of Congress (or any employee of a Member or com-
mittee of Congress), unless the specific project has been dis-
closed in accordance with the rules of the Senate or House
of Representatives, as applicable.
SEC. 522. (a) Notwithstanding any other provision of
this Act, none of the funds made available under the head-
ing ‘‘OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS
AND ADMINISTRATION’’ under the heading ‘‘INSTITUTE OF
MUSEUM AND LIBRARY SERVICES’’ in title IV may be used
for the Bethel Performing Arts Center.
(b) The amount made available under the heading
‘‘OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION’’ under the heading ‘‘INSTITUTE OF MU-
SEUM AND LIBRARY SERVICES’’ in title IV is reduced by
$1,000,000, and the amount made available under the head-
ing ‘‘HEALTH RESOURCES AND SERVICES’’ under the head-
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ing ‘‘HEALTH RESOURCES AND SERVICES ADMINISTRA-
TION’’ in title II is increased by $336,500, which $336,500
shall be used to carry out title V of the Social Security Act
(42 U.S.C. 701 et seq.), in order to provide additional fund-
ing for the maternal and child health services program car-
ried out under that title.
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
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. (a) Notwithstanding any other provision of
this Act, the amount appropriated under the heading ‘‘LIMI-
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TATION ON ADMINISTRATIVE EXPENSES’’ under the heading
‘‘SOCIAL SECURITY ADMINISTRATION’’ shall be increased by
$150,000,000.
(b) Section 1848(l)(2)(A) of the Social Security Act
(42 U.S.C. 1395w–4(l)(2)(A)), as amended by section 6 of
the TMA, Abstinence Education, and QI Programs Exten-
sion Act of 2007 (Public Law 110–90), is amended by strik-
ing ‘‘$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. (a) The Comptroller General of the United
States shall conduct a study to evaluate the Social Security
Administration’s plan to reduce the hearing backlog for dis-
ability claims at the Social Security Administration and
the Social Security Administration’s current and planned
initiatives to improve the disability process, as contained
in the report submitted to the Senate on September 13,
2007, pursuant to Senate Report 110–107.
(b) Not later than 5 months after the date of enactment
of this Act, the Comptroller General of the United States
shall submit to Congress a report on the study conducted
under subsection (a), together with such recommendations
as the Comptroller General determines appropriate.
SEC. 526. Not later than 9 months after the date of
enactment of this Act, the Government Accountability Office
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shall submit a report to Congress that contains an assess-
ment of the process for hiring and managing administrative
law judges and makes recommendations on ways to improve
the hiring and management of administrative law judges.
SEC. 527. None of the funds appropriated or otherwise
made available in this Act or any other Act making appro-
priations to the agencies funded by this Act may be used
to close or otherwise cease to operate the field office of the
Social Security Administration located in Bristol, Con-
necticut, before the date on which the Commissioner of So-
cial Security submits to the appropriate committees of Con-
gress a comprehensive and detailed report outlining and
justifying the process for selecting field offices to be closed.
Such report shall include—
(1) a thorough analysis of the criteria used for
selecting field offices for closure and how the Commis-
sioner of Social Security analyzes and considers fac-
tors relating to transportation and communication
burdens faced by elderly and disabled citizens as a re-
sult of field office closures, including the extent to
which elderly citizens have access to, and competence
with, online services; and
(2) for each field office proposed to be closed dur-
ing fiscal year 2007 or 2008, including the office lo-
cated in Bristol, Connecticut, a thorough cost-benefit
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analysis for each such closure that takes into
account—
(A) the savings anticipated as a result of
the closure;
(B) the anticipated burdens placed on elder-
ly and disabled citizens; and
(C) any costs associated with replacement
services and provisional contact stations.
SEC. 528. Notwithstanding any other provision of this
Act, none of the funds appropriated in this Act may be allo-
cated, directed, or otherwise made available to cities that
provide safe haven to illegal drug users through the use of
illegal drug injection facilities.
SEC. 529. Iraqi and Afghan aliens granted special im-
migrant status under section 101(a)(27) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible
for resettlement assistance, entitlement programs, and other
benefits available to refugees admitted under section 207 of
such Act (8 U.S.C. 1157) for a period not to exceed 6
months.
SEC. 530. 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-
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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. 531. 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 (42
U.S.C. 408).
SEC. 532. AMERICAN COMPETITIVENESS SCHOLAR-
SHIP PROGRAM.—(a) SHORT TITLE.—This section may be
cited as the ‘‘American Competitiveness Scholarship Act of
2007’’.
(b) ESTABLISHMENT.—The Director of the National
Science Foundation (referred to in this section as the ‘‘Di-
rector’’) shall award scholarships to eligible individuals to
enable such individuals to pursue associate, undergraduate,
or graduate level degrees in mathematics, engineering,
health care, or computer science.
(c) ELIGIBILITY.—
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(1) IN
GENERAL.—To be eligible to receive a
scholarship under this section, an individual shall—
(A) be a citizen of the United States, a na-
tional of the United States (as defined in section
101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a))), an alien admitted as a ref-
ugee under section 207 of such Act (8 U.S.C.
1157), or an alien lawfully admitted to the
United States for permanent residence;
(B) prepare and submit to the Director an
application at such time, in such manner, and
containing such information as the Director may
require; and
(C) certify to the Director that the indi-
vidual intends to use amounts received under the
scholarship to enroll or continue enrollment at
an institution of higher education (as defined in
section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)) in order to pursue an
associate, undergraduate, or graduate level de-
gree in mathematics, engineering, computer
science, nursing, medicine, or other clinical med-
ical program, or technology, or science program
designated by the Director.
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(2) ABILITY.—Awards of scholarships under this
section shall be made by the Director solely on the
basis of the ability of the applicant, except that in
any case in which 2 or more applicants for scholar-
ships are deemed by the Director to be possessed of
substantially equal ability, and there are not suffi-
cient scholarships available to grant one to each of
such applicants, the available scholarship or scholar-
ships shall be awarded to the applicants in a manner
that will tend to result in a geographically wide dis-
tribution throughout the United States of recipients’
places of permanent residence.
(d) AMOUNT OF SCHOLARSHIP; RENEWAL.—
(1) AMOUNT OF SCHOLARSHIP.—The amount of
a scholarship awarded under this section shall be
$15,000 per year, except that no scholarship shall be
greater than the annual cost of tuition and fees at the
institution of higher education in which the scholar-
ship recipient is enrolled or will enroll.
(2) RENEWAL.—The Director may renew a schol-
arship under this section for an eligible individual for
not more than 4 years.
(e) FUNDING.—The Director shall carry out this sec-
tion only with funds made available under section 286(w)
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of the Immigration and Nationality Act, as added by sub-
section (g).
(f) FEDERAL REGISTER.—Not later than 60 days after
the date of the enactment of this Act, the Director shall pub-
lish in the Federal Register a list of eligible programs of
study for a scholarship under this section.
(g) SUPPLEMENTAL
H–1B
NONIMMIGRANT
PETI-
TIONER ACCOUNT; GIFTED
AND TALENTED STUDENTS
EDUCATION ACCOUNT.—Section 286 of the Immigration
and Nationality Act (8 U.S.C. 1356) is amended by adding
at the end the following:
‘‘(w) SUPPLEMENTAL H–1B NONIMMIGRANT PETI-
TIONER ACCOUNT.—
‘‘(1) IN GENERAL.—There is established in the
general fund of the Treasury a separate account,
which shall be known as the ‘Supplemental H–1B
Nonimmigrant Petitioner Account’. Notwithstanding
any other section of this Act, there shall be deposited
as offsetting receipts into the account 85.75 percent of
the fees collected under section 214(c)(15)(B).
‘‘(2) USE OF FEES FOR AMERICAN COMPETITIVE-
NESS SCHOLARSHIP PROGRAM.—The amounts depos-
ited into the Supplemental H–1B Nonimmigrant Pe-
titioner Account shall remain available to the Direc-
tor of the National Science Foundation until ex-
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pended for scholarships described in the American
Competitiveness Scholarship Act of 2007 for students
enrolled in a program of study leading to a degree in
mathematics, engineering, health care, or computer
science.
‘‘(x) GIFTED AND TALENTED STUDENTS EDUCATION
ACCOUNT.—
‘‘(1) IN GENERAL.—There is established in the
general fund of the Treasury a separate account,
which shall be known as the ‘Gifted and Talented
Students Education Account’. There shall be deposited
as offsetting receipts into the account 14.25 percent of
the fees collected under section 214(c)(15)(B).
‘‘(2) USE OF FEES.—Amounts deposited into the
account established under paragraph (1) shall remain
available to the Secretary of Education until ex-
pended for programs and projects authorized under
the Jacob K. Javits Gifted and Talented Students
Education Act of 2001 (20 U.S.C. 7253 et seq.).’’.
(h) 
SUPPLEMENTAL
AND
DEFICIT
REDUCTION
FEES.—Section 214(c) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)) is amended by adding at the end
the following:
‘‘(15)(A) Except as provided under subpara-
graph (D), if the Attorney General, the Secretary of
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Homeland Security, or the Secretary of State is re-
quired to impose a fee pursuant to paragraph (9) or
(11), the Attorney General, the Secretary of Home-
land Security, or the Secretary of State, as appro-
priate, shall impose a supplemental fee and a deficit
reduction fee on the employer in addition to any
other fee required by such paragraph or any other
provision of law, in the amounts determined under
subparagraph (B).
‘‘(B) The amount of the supplemental fee shall be
$3,500, except that the fee shall be 1⁄2 that amount for
any employer with not more than 25 full-time equiva-
lent employees who are employed in the United States
(determined by including any affiliate or subsidiary
of such employer).
‘‘(C) Of the amounts collected under subpara-
graph (B)—
‘‘(i) 85.75 percent shall be deposited in the
Treasury in accordance with section 286(w); and
‘‘(ii) 14.25 percent shall be deposited in the
Treasury in accordance with section 286(x).
‘‘(D) Public hospitals, which are owned and op-
erated by a State or a political subdivision of a State
shall not be subject to the supplemental fees imposed
under this paragraph.’’.
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SEC. 533. Section 106(d) of the American Competitive-
ness in the Twenty-first Century Act of 2000 (Public Law
106–313; 8 U.S.C. 1153 note) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘1996, 1997,’’ after ‘‘avail-
able in fiscal year’’; and
(B) by inserting ‘‘group I,’’ after ‘‘schedule
A,’’;
(2) in paragraph (2)(A), by inserting ‘‘1996,
1997, and’’ after ‘‘available in fiscal years’’; and
(3) by adding at the end the following:
‘‘(4) PETITIONS.—The Secretary of Homeland
Security shall provide a process for reviewing and
acting upon petitions with respect to immigrants de-
scribed in schedule A not later than 30 days after the
date on which a completed petition has been filed.’’.
SEC. 534. (a) FEE FOR RECAPTURE OF UNUSED EM-
PLOYMENT-BASED IMMIGRANT VISAS.—Section 106(d) of
the American Competitiveness in the Twenty-first Century
Act of 2000 (Public Law 106–313; 8 U.S.C. 1153 note), as
amended by section 521, is further amended by adding at
the end the following:
‘‘(5) FEE FOR RECAPTURE OF UNUSED EMPLOY-
MENT-BASED IMMIGRANT VISAS.—
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‘‘(A) IN GENERAL.—The Secretary of Home-
land Security shall impose a fee upon each peti-
tioning employer who uses a visa recaptured
from fiscal years 1996 and 1997 under this sub-
section to provide employment for an alien as a
professional nurse, provided that—
‘‘(i) such fee shall be in the amount of
$1,500 for each such alien nurse (but not
for dependents accompanying or following
to join who are not professional nurses);
and
‘‘(ii) no fee shall be imposed for the use
of such visas if the employer demonstrates
to the Secretary that—
‘‘(I) the employer is a health care
facility that is located in a county or
parish that received individual and
public assistance pursuant to Major
Disaster Declaration number 1603 or
1607; or
‘‘(II) the employer is a health care
facility that has been designated as a
Health Professional Shortage Area fa-
cility by the Secretary of Health and
Human Services as defined in section
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332 of the Public Health Service Act
(42 U.S.C. 254e).
‘‘(B) FEE COLLECTION.—A fee imposed by
the Secretary of Homeland Security pursuant to
this paragraph shall be collected by the Secretary
as a condition of approval of an application for
adjustment of status by the beneficiary of a peti-
tion or by the Secretary of State as a condition
of issuance of a visa to such beneficiary.’’.
(b) CAPITATION GRANTS TO INCREASE THE NUMBER
OF NURSING FACULTY AND STUDENTS; DOMESTIC NURSING
ENHANCEMENT ACCOUNT.—Part D of title VIII of the Pub-
lic Health Service Act (42 U.S.C. 296p et seq.) is amended
by adding at the end the following:
‘‘SEC. 832. CAPITATION GRANTS.
‘‘(a) IN GENERAL.—For the purpose described in sub-
section (b), the Secretary, acting through the Health Re-
sources and Services Administration, shall award a grant
each fiscal year in an amount determined in accordance
with subsection (c) to each eligible school of nursing that
submits an application in accordance with this section.
‘‘(b) PURPOSE.—A funding agreement for a grant
under this section is that the eligible school of nursing in-
volved will expend the grant to increase the number of nurs-
ing faculty and students at the school, including by hiring
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new faculty, retaining current faculty, purchasing edu-
cational equipment and audiovisual laboratories, enhanc-
ing clinical laboratories, repairing and expanding infra-
structure, or recruiting students.
‘‘(c) GRANT COMPUTATION.—
‘‘(1) AMOUNT PER STUDENT.—Subject to para-
graph (2), the amount of a grant to an eligible school
of nursing under this section for a fiscal year shall
be the total of the following:
‘‘(A) $1,800 for each full-time or part-time
student who is enrolled at the school in a grad-
uate program in nursing that—
‘‘(i) leads to a master’s degree, a doc-
toral degree, or an equivalent degree; and
‘‘(ii) prepares individuals to serve as
faculty through additional course work in
education and ensuring competency in an
advanced practice area.
‘‘(B) $1,405 for each full-time or part-time
student who—
‘‘(i) is enrolled at the school in a pro-
gram in nursing leading to a bachelor of
science degree, a bachelor of nursing degree,
a graduate degree in nursing if such pro-