Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2007 - Makes appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for FY2007.
Sets forth authorized uses of, and limitations on, such funds and transfers of funds.
Makes appropriations for FY2007 to the Department of Labor for: (1) the Employment and Training Administration; (2) community service employment for older Americans; (3) federal unemployment benefits and allowances; (4) state unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (6) employment and training program administration; (7) the Employee Benefits Security Administration; (8) the Pension Benefit Guaranty Corporation; (9) the Employment Standards Administration; (10) certain special benefits, including ones for disabled coal miners; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration; (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics; (16) the Office of Disability Employment Policy; (17) departmental management; (18) veterans employment and training; and (19) the Office of Inspector General.
Makes appropriations for FY2007 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) health education assistance loans; (3) the Vaccine Injury Compensation Program Trust Fund; (4) the Centers for Disease Control and Prevention (CDCP), for disease control, research, and training; (5) the National Institutes of Health (NIH), including the John E. Fogarty International Center, the National Library of Medicine, and the Office of the Director; (6) the Substance Abuse and Mental Health Services Administration; (7) the Agency for Healthcare Research and Quality; (8) the Centers for Medicare and Medicaid Services for grants to states for Medicaid, payments to health care trust funds, and program management; (9) the Administration for Children and Families for payments to states for child support enforcement and family support programs; (10) low-income home energy assistance; (11) refugee and entrant assistance; (12) payments to states for the child care and development block grant; (13) the social services block grant; (14) children and families services programs, including amounts for disabled voter services; (15) promoting safe and stable families, through family preservation and support; (16) payments to states for foster care and adoption assistance; (17) the Administration on Aging; (18) the Office of the Secretary for general departmental management; (19) the Office of Medicare Hearings and Appeals for administrative law judges for Medicare appeals; (20) the Office of the National Coordinator for Health Information Technology; (21) the Office of Inspector General; (22) the Office for Civil Rights; (23) retirement pay and medical benefits for Public Health Service commissioned officers, and medical care of dependents and retired personnel; and (24) the public health and social services emergency fund, for activities related to countering potential biological, disease, and chemical threats to civilian populations, and other public health emergencies.
Makes appropriations for FY2007 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) innovation and improvement activities; (6) safe schools and citizenship education; (7) English language acquisition and language enhancement; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (11) vocational and adult education; (12) certain student financial assistance programs, as well as federal administrative expenses for such programs (setting a maximum individual Pell Grant amount); (13) specified higher education programs; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) the Institute of Education Sciences; (18) departmental management and program administration; (19) the Office for Civil Rights; and (20) the Office of the Inspector General.
Makes appropriations for FY2007 to the: (1) Committee for Purchase From People Who Are Blind or Severely Disabled; (2) Corporation for National and Community Service, for domestic volunteer service programs and operating expenses, administrative expenses and salaries, and the Office of Inspector General; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Labor Relations Board; (11) National Mediation Board; (12) Occupational Safety and Health Review Commission; (13) Railroad Retirement Board for the dual benefits payments account, federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; and (14) Social Security Administration for payments to the Social Security trust funds, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5647 Reported in House (RH)]
Union Calendar No. 289
109th CONGRESS
2d Session
H. R. 5647
[Report No. 109-515]
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2007, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2006
Mr. Regula, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Labor, Health and Human Services,
and Education, and related agencies for the fiscal year ending
September 30, 2007, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including rescissions)
For necessary expenses of the Workforce Investment Act of 1998 (the
Act), and the Women in Apprenticeship and Nontraditional Occupations
Act of 1992, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the Act, $4,966,899,000, plus reimbursements,
is available. Of the amounts provided:
(1) For grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,982,764,000 as follows:
(A) $854,000,000 for adult employment and training
activities, of which $142,000,000 is available for the
period July 1, 2007 to June 30, 2008 and of which
$712,000,000 is available for the period October 1,
2007 through June 30, 2008.
(B) $935,500,000 for youth activities, which is
available for the period April 1, 2007 through June 30,
2008: Provided, That up to $50,000,000 may be made
available for the Youthbuild Program, if authorized for
transfer to the Department of Labor prior to April 1,
2007.
(C) $1,193,264,000 for dislocated worker employment
and training activities, of which $345,264,000 is
available for the period July 1, 2007 through June 30,
2008, and of which $848,000,000 is available for the
period October 1, 2007 through June 30, 2008:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the Act, up to 30 percent of such funds
may be transferred by a local board if approved by the
Governor: Provided further, That notwithstanding sections
128(c) and 133(c) of the Act, for program year 2006 the
Governor may reallocate from local workforce investment areas,
for the youth, adult, and dislocated worker formula fund
programs under title I of the Act, the amounts by which the
unexpended balance in a local workforce investment area for any
such program at the end of program year 2005 exceeds 30 percent
of the total amount available for such program in such
workforce investment area for such year (including the local
funds appropriated for previous program years that were
available during program year 2005), to those local workforce
investment areas that did not have such unexpended balances for
such program at the end of such year, and such reallocations
shall be made using the formula applicable to such program for
program year 2006 except that such formula shall only be
applied to those local workforce investment areas receiving
reallocations for such program under this proviso.
(2) For federally administered programs, $1,935,853,000 as
follows:
(A) $282,800,000 for the dislocated workers
assistance national reserve, of which $70,800,000 is
available for the period July 1, 2007 through June 30,
2008, and of which $212,000,000 is available for the
period October 1, 2007 through June 30, 2008: Provided,
That up to $125,000,000 may be made available to the
Community College Initiative and up to $900,000 may be
made available to implement Public Law 102-530.
(B) $50,000,000 for Native American programs, which
is available for the period July 1, 2007 through June
30, 2008.
(C) $1,465,000,000 for Job Corps operations, of
which $874,000,000 is available for the period July 1,
2007 through June 30, 2008, and of which $591,000,000
is available for the period October 1, 2007 through
June 30, 2008.
(D) $58,000,000 for construction, rehabilitation,
and acquisition of Job Corps centers, of which
$50,000,000 is available for the period October 1, 2007
through June 30, 2010 and $8,000,000 is available from
July 1, 2007 through June 30, 2010.
(E) $80,053,000 for migrant and seasonal
farmworkers, including $75,053,000 for formula grants,
and $5,000,000 for migrant and seasonal housing (of
which not less than 70 percent shall be for permanent
housing).
(3) For national activities, $48,282,000 as follows:
(A) $43,361,000 for Pilots, Demonstrations, and
Research, of which $17,700,000 is available for the
period July 1, 2007 through June 30, 2008; and of which
$25,661,000 shall be available for noncompetitive
grants, with terms and conditions and the amounts
specified in the committee report of the House of
Representatives accompanying this Act.
(B) $4,921,000 for Evaluation, which is available
for the period July 1, 2007 through June 30, 2008:
Provided further, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
Of the unexpended balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Labor under this
heading for fiscal years 2006 and prior years, $325,000,000 is
rescinded to be effected no later than September 30, 2007: Provided,
That if insufficient funds exist under this heading, the remaining
balance shall be from current or prior year funds under any heading
under this title: Provided further, That the department shall notify
the Committees on Appropriations of the House of Representatives and
the Senate 30 days in advance of the rescission of any funds derived
from headings other than this heading: Provided further, That any
balances that are governed by reallocation provisions under the statute
authorizing the program from which funds were originally appropriated
shall be available for rescission.
Funds provided to carry out section 132(a)(2)(A) of the Act may be
used to provide assistance to a State for State-wide or local use in
order to address cases where there have been worker dislocations across
multiple sectors or across multiple local areas and such workers remain
dislocated; coordinate the State workforce development plan with
emerging economic development needs; and train such eligible dislocated
workers.
The Secretary of Labor shall take no action to amend, through
regulatory or administration action, the definition established in 20
CFR 667.220 for functions and activities under title I of the Act, or
to modify, through regulatory or administrative action, the procedure
for redesignation of local areas as specified in subtitle B of title I
of the Act (including applying the standards specified in section
116(a)(3)(B) of the Act, but notwithstanding the time limits specified
in section 116(a)(3)(B) of the Act), until April 1, 2007 or until such
time as legislation reauthorizing the Act is enacted whichever comes
first. Nothing in the preceding sentence shall permit or require the
Secretary of Labor to withdraw approval for such redesignation from a
State that received the approval not later than October 12, 2005, or to
revise action taken or modify the redesignation procedure being used by
the Secretary in order to complete such redesignation for a State that
initiated the process of such redesignation by submitting any request
for such redesignation not later than October 26, 2005.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965,
$420,000,000: Provided, That the Secretary of Labor shall use a portion
of these funds to make a grant to the Forest Service for the Senior
Community Service Employment Program for fiscal year 2007 in the same
amount, and under the same terms and conditions, as the grant provided
to the Forest Service for fiscal year 2006 for such program.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I and section 246; and for
training, allowances for job search and relocation, and related State
administrative expenses under part II of subchapter B of chapter 2 of
title II of the Trade Act of 1974 (including the benefits and services
described under sections 123(c)(2) and 151(b) and (c) of the Trade
Adjustment Assistance Reform Act of 2002, division A of Public Law 107-
210), $938,600,000, together with such amounts as may be necessary to
be charged to the subsequent appropriation for payments for any period
subsequent to September 15 of the current year.
state unemployment insurance and employment service operations
For authorized administrative expenses, $62,016,000, together with
not to exceed $3,309,746,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund including the
cost of administering section 51 of the Internal Revenue Code of 1986,
section 7(d) of the Wagner-Peyser Act, the Trade Act of 1974, the
Immigration Act of 1990, and the Immigration and Nationality Act and of
which the sums available in the allocation for activities authorized by
title III of the Social Security Act (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out sections 8501-8523 of title 5, United States Code, shall
be available for obligation by the States through December 31, 2007,
except that funds used for automation acquisitions shall be available
for obligation by the States through September 30, 2009; of which
$62,016,000, together with not to exceed $666,753,000 of the amount
which may be expended from said trust fund, shall be available for
obligation for the period July 1, 2007 through June 30, 2008, to fund
activities under the Act of June 6, 1933, including the cost of penalty
mail authorized under 39 U.S.C. 3202(a)(1)(E) made available to States
in lieu of allotments for such purpose: Provided, That to the extent
that the Average Weekly Insured Unemployment (AWIU) for fiscal year
2007 is projected by the Department of Labor to exceed 2,963,000, an
additional $28,600,000 shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act which are used to
establish a national one-stop career center system, or which are used
to support the national activities of the Federal-State unemployment
insurance or immigration programs, may be obligated in contracts,
grants or agreements with non-State entities: Provided further, That
funds appropriated in this Act for activities authorized under the
Wagner-Peyser Act and title III of the Social Security Act, may be used
by the States to fund integrated Employment Service and Unemployment
Insurance automation efforts, notwithstanding cost allocation
principles prescribed under Office of Management and Budget Circular A-
87: Provided further, That notwithstanding any other provision of law,
any Federal equity acquired in real property through grants to New York
State awarded under title III of the Social Security Act (42 U.S.C. 501
et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) is
hereby transferred to such State. The portion of any real property that
is attributable to the Federal equity transferred under this section
shall be used to carry out activities authorized under title III of the
Social Security Act or the Wagner-Peyser Act. Any disposition of such
real property shall be carried out in accordance with the procedures
prescribed by the Secretary and the portion of the proceeds from the
disposition of such real property that is attributable to the Federal
equity transferred under this section shall be used to carry out
activities authorized under title III of the Social Security Act or the
Wagner-Peyser Act.
In addition, from the Employment Security Administration Account in
the Unemployment Trust Fund, and subject to the same terms and
conditions, $30,000,000 to conduct in-person reemployment and
eligibility assessments of unemployment insurance beneficiaries in one-
stop career centers; and $10,000,000 to prevent and detect fraudulent
unemployment benefits claims filed using personal information stolen
from unsuspecting workers: Provided, That following the end of the
fiscal year, the Secretary shall provide two reports to the Committees
on Appropriations of the House of Representatives and the Senate:
(A) The first report, to be submitted no later than 180
days following the end of the fiscal year, shall include
available information on expenditures, number of claimants
assessed, and estimated savings attributable to the
reemployment and eligibility reviews. The report shall also
include the impact of expenditures to prevent and detect
fraudulent claims using stolen personal information.
(B) A second report, to be submitted no later than 16
months following the end of the fiscal year, shall contain more
comprehensive information on estimated savings for the
reemployment and eligibility reviews and identification of best
practices.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1954; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by section 8509 of title 5,
United States Code, and to the ``Federal unemployment benefits and
allowances'' account, to remain available until September 30, 2008,
$452,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2007, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
program administration
For expenses of administering employment and training programs,
$118,760,000, together with not to exceed $92,794,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $143,573,000.
Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Fund
(including transfer of funds)
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act (31
U.S.C. 9104), as may be necessary in carrying out the program,
including associated administrative expenses, through September 30,
2007 for such Corporation: Provided, That none of the funds available
to the Corporation for fiscal year 2007 shall be available for
obligations for administrative expenses in excess of $397,644,000, of
which $7,000,000 shall be transferred to ``Salaries and Expenses''
Employee Benefits Security Administration, Department of Labor for the
development of ERISA Filing Acceptance System: Provided further, That
obligations in excess of such amount may be incurred after approval by
the Office of Management and Budget and notification of the Committees
on Appropriations of the House of Representatives and the Senate:
Provided further, That to the extent that the number of new plan
participants in plans terminated by the Corporation exceeds 100,000 in
fiscal year 2007, an amount not to exceed an additional $9,800,000
shall be available for obligation for administrative expenses for every
20,000 additional terminated participants.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $416,419,000, together with
$2,076,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That the Secretary of Labor is
authorized to establish and, in accordance with section 3302 of title
31, United States Code, collect and deposit in the Treasury fees for
processing applications and issuing certificates under sections 11(d)
and 14 of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(d) and
214) and for processing applications and issuing registrations under
title I of the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1801 et seq.).
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by chapter 81 of title 5, United States Code;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944;
sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App.
2012); and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $230,000,000, together with such amounts as may be
necessary to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated may
be used under section 8104 of title 5, United States Code, by the
Secretary of Labor to reimburse an employer, who is not the employer at
the time of injury, for portions of the salary of a reemployed,
disabled beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2006, shall remain available until
expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United
States Code, to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the cost of
administration for employees of such fair share entities through
September 30, 2007: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $51,034,000
shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems, $14,580,000.
(2) For automated workload processing operations, including
document imaging, centralized mail intake and medical bill
processing, $22,924,000.
(3) For periodic roll management and medical review,
$13,530,000.
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person filing
a notice of injury or a claim for benefits under chapter 81 of title 5,
United States Code, or the Longshore and Harbor Workers' Compensation
Act, provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $229,373,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2008, $68,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
(including transfer of funds)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $102,307,000, to remain
available until expended: Provided, That the Secretary of Labor is
authorized to transfer to any executive agency with authority under the
Energy Employees Occupational Illness Compensation Act, including
within the Department of Labor, such sums as may be necessary in fiscal
year 2007 to carry out those authorities: Provided further, That the
Secretary may require that any person filing a claim for benefits under
such Act provide as part of such claim, such identifying information
(including Social Security account number) as may be prescribed:
Provided further, That not later than 30 days after enactment, in
addition to other sums transferred by the Secretary to the National
Institute for Occupational Safety and Health (NIOSH) for the
administration of the Energy Employees Occupational Illness
Compensation Program (EEOICPA), the Secretary shall transfer $4,500,000
to NIOSH from the funds appropriated to the Energy Employees
Occupational Illness Compensation Fund (42 U.S.C. 7384e), for use by or
in support of the Advisory Board on Radiation and Worker Health (the
Board) to carry out its statutory responsibilities under EEOICPA (42
U.S.C. 7384n-q), including obtaining audits, technical assistance and
other support from the Board's audit contractor with regard to
radiation dose estimation and reconstruction efforts, site profiles,
procedures, and review of Special Exposure Cohort petitions and
evaluation reports.
Black Lung Disability Trust Fund
(including transfer of funds)
In fiscal year 2007 and thereafter, such sums as may be necessary
from the Black Lung Disability Trust Fund, to remain available until
expended, for payment of all benefits authorized by section 9501(d)(1),
(2), (4), and (7) of the Internal Revenue Code of 1954; and interest on
advances, as authorized by section 9501(c)(2) of such Act. In addition,
the following amounts shall be available from the Fund for fiscal year
2007 for expenses of operation and administration of the Black Lung
Benefits program, as authorized by section 9501(d)(5) of such Act:
$33,578,000 for transfer to the Employment Standards Administration
``Salaries and Expenses''; $25,255,000 for transfer to Departmental
Management, ``Salaries and Expenses''; $346,000 for transfer to
Departmental Management, ``Office of Inspector General''; and $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $486,051,000, including not to exceed $91,093,000 which
shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the Act),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary of Labor under section 18 of the Act;
and, in addition, notwithstanding section 3302 of title 31, United
States Code, the Occupational Safety and Health Administration may
retain up to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education: Provided, That, notwithstanding section 3302 of title 31,
United States Code, the Secretary is authorized, during the fiscal year
ending September 30, 2007, to collect and retain fees for services
provided to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of section 2 of the Act of
April 13, 1934 (29 U.S.C. 9a), to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard,
rule, regulation, or order under the Act which is applicable to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer of 10
or fewer employees who is included within a category having a Days
Away, Restricted, or Transferred (DART) occupational injury and illness
rate, at the most precise industrial classification code for which such
data are published, less than the national average rate as such rates
are most recently published by the Secretary, acting through the Bureau
of Labor Statistics, in accordance with section 24 of the Act (29
U.S.C. 673), except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That none of the funds appropriated under this paragraph shall
be obligated or expended to administer or enforce the provisions of 29
CFR 1910.134(f)(2) (General Industry Respiratory Protection Standard)
to the extent that such provisions require the annual fit testing
(after the initial fit testing) of respirators for occupational
exposure to tuberculosis.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $278,869,000 including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities; in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding
section 3302 of title 31, United States Code; and, in addition, the
Mine Safety and Health Administration may retain up to $1,000,000 from
fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities; the Secretary of Labor is authorized to accept
lands, buildings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs with
States, industry, and safety associations; the Secretary is authorized
to recognize the Joseph A. Holmes Safety Association as a principal
safety association and, notwithstanding any other provision of law, may
provide funds and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as officers
in local chapters or in the national organization; and any funds
available to the Department may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $486,262,000,
together with not to exceed $79,026,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $20,319,000.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation,
through contracts, grants or other arrangements of Departmental
activities conducted by or through the Bureau of International Labor
Affairs, including bilateral and multilateral technical assistance and
other international labor activities, $236,462,000, of which
$1,893,000, to remain available until September 30, 2008, is for
Frances Perkins Building Security Enhancements, and $28,000,000 is for
the acquisition of Departmental information technology, architecture,
infrastructure, equipment, software and related needs, which will be
allocated by the Department's Chief Information Officer in accordance
with the Department's capital investment management process to assure a
sound investment strategy; together with not to exceed $322,000, which
may be expended from the Employment Security Administration Account in
the Unemployment Trust Fund.
veterans employment and training
Not to exceed $195,177,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of sections 4100-4113, 4211-4215, and 4321-4327 of
title 38, United States Code, and Public Law 103-353, and which shall
be available for obligation by the States through December 31, 2007, of
which $1,969,000 is for the National Veterans' Employment and Training
Services Institute. To carry out the Homeless Veterans Reintegration
Programs (38 U.S.C. 2021) and the Veterans Workforce Investment
Programs (29 U.S.C. 2913), $29,263,000, of which $7,425,000 shall be
available for obligation for the period July 1, 2007 through June 30,
2008.
Office of Inspector General
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$68,073,000, together with not to exceed $5,688,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Administrative Provisions
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the salary of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between accounts,
but no such account shall be increased by more than 3 percent by any
such transfer: Provided, That the transfer authority granted by this
section shall be available only to meet unanticipated 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 Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any transfer
and approve the transfer.
Sec. 103. In accordance with Executive Order No. 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, whole or in
part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. The Secretary of Labor shall prepare and submit not later
than July 1, 2006 to the Committees on Appropriations of the House of
Representatives and the Senate an operating plan that outlines the
planned allocation by major project and activity of fiscal year 2007
funds made available for section 171 of the Workforce Investment Act,
except for those projects specifically identified in the accompanying
report.
Sec. 105. After September 30, 2006, the Secretary of Labor shall
issue a monthly transit subsidy of not less than the full amount (of
not less than $105) each of its employees of the National Capital
Region is eligible to receive.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act (PHS Act), section 427(a) of the
Federal Coal Mine Health and Safety Act, title V and sections 1128E,
and 711, and 1820 of the Social Security Act, the Health Care Quality
Improvement Act of 1986, the Native Hawaiian Health Care Act of 1988,
the Cardiac Arrest Survival Act of 2000, section 712 of the American
Jobs Creation Act of 2004, and for expenses necessary to support
activities related to countering potential biological, disease,
nuclear, radiological and chemical threats to civilian populations,
$7,050,917,000, of which $248,146,000 shall be available for
noncompetitive grants, with terms and conditions and in the amounts
specified in the committee report of the House of Representatives
accompanying this Act, and of which $40,000,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That of the
funds made available under this heading, $220,000 shall be available
until expended for facilities renovations at the Gillis W. Long
Hansen's Disease Center: Provided further, That in addition to fees
authorized by section 427(b) of the Health Care Quality Improvement Act
of 1986, fees shall be collected for the full disclosure of information
under such Act sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available until
expended to carry out such Act: Provided further, That fees collected
for the full disclosure of information under the ``Health Care Fraud
and Abuse Data Collection Program'', authorized by section 1128E(d)(2)
of the Social Security Act, shall be sufficient to recover the full
costs of operating the program, and shall remain available until
expended to carry out that program: Provided further, That $25,000,000
of the funding provided for community health centers shall be used for
base grant adjustments for existing centers: Provided further, That no
more than $10,000 is available until expended for carrying out the
provisions of section 224(o) of the PHS Act including associated
administrative expenses: Provided further, That no more than
$44,550,000 is available until expended for carrying out the provisions
of Public Law 104-73 and for expenses incurred by the Department of
Health and Human Services pertaining to administrative claims made
under such law: Provided further, That of the funds made available
under this heading, $283,103,000 shall be for the program under title X
of the PHS Act to provide for voluntary family planning projects:
Provided further, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public office:
Provided further, That $789,546,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the PHS Act: Provided
further, That in addition to amounts provided herein, $25,000,000 shall
be available from amounts available under section 241 of the PHS Act to
carry out parts A, B, C, and D of title XXVI of the PHS Act to fund
section 2691 special projects of national significance: Provided
further, That, notwithstanding section 502(a)(1) of the Social Security
Act, not to exceed $117,428,000 is available for carrying out special
projects of regional and national significance pursuant to section
501(a)(2) of such Act.
health education assistance loans program account
Such sums as may be necessary to carry out subpart 1 of part A of
title VII of the Public Health Service Act. For administrative expenses
to carry out the guaranteed loan program, including section 709 of such
Act, $2,887,000.
vaccine injury compensation trust fund
For payments from the Vaccine Injury Compensation Trust Fund, such
sums as may be necessary for claims associated with vaccine-related
injury or death with respect to vaccines administered after September
30, 1988, pursuant to subtitle 2 of title XXI of the Public Health
Service Act, to remain available until expended: Provided, That for
necessary administrative expenses, not to exceed $3,564,000 shall be
available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act, sections 101, 102, 103, 201, 202,
203, 301, and 501 of the Federal Mine Safety and Health Act of 1977,
sections 20, 21, and 22 of the Occupational Safety and Health Act of
1970, title IV of the Immigration and Nationality Act, section 501 of
the Refugee Education Assistance Act of 1980, and for expenses
necessary to support activities related to countering potential
biological, disease, nuclear, radiological, and chemical threats to
civilian populations; including purchase and insurance of official
motor vehicles in foreign countries; and purchase, hire, maintenance,
and operation of aircraft, $6,073,503,000, of which $17,315,000 shall
be available for noncompetitive grants, with terms and conditions and
in the amounts specified in the committee report of the House of
Representatives accompanying this Act; of which $29,700,000 shall
remain available until expended for equipment, construction, and
renovation of facilities; of which $550,000,000 shall remain available
until expended for the Strategic National Stockpile under section 319F-
2 of the Public Health Service Act; and of which $121,952,000 for
international HIV/AIDS shall remain available until September 30, 2008:
Provided, That in addition, such sums as may be derived from authorized
user fees, shall be credited to this account: Provided further, That in
addition to amounts provided herein, the following amounts shall be
available from amounts available under section 241 of the Public Health
Service Act: (1) $12,794,000 to carry out the National Immunization
Surveys and (2) $87,071,000 to carry out research activities within the
National Occupational Research Agenda: Provided further, That none of
the funds made available for injury prevention and control at the
Centers for Disease Control and Prevention may be used, in whole or in
part, to advocate or promote gun control: Provided further, That up to
$31,800,000 shall be made available until expended for Individual
Learning Accounts for full-time equivalent employees of the Centers for
Disease Control and Prevention: Provided further, That the Director may
redirect the total amount made available under authority of section 3
of the Vaccine and Immunization Amendments of 1990 (Public Law 101-502)
to activities the Director may so designate: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are to be notified promptly of any such transfer: Provided
further, That not to exceed $12,500,000 may be available for making
grants under section 1509 of the Public Health Service Act to not more
than 15 States, tribes, or tribal organizations: Provided further, That
of the funds appropriated, $10,000 is for official reception and
representation expenses when specifically approved by the Director of
the Centers for Disease Control and Prevention: Provided further, That
employees of the Centers for Disease Control and Prevention or the
Public Health Service, both civilian and Commissioned Officers,
detailed to States, municipalities, or other organizations under
authority of section 214 of the Public Health Service Act, shall be
treated as non-Federal employees for reporting purposes only and shall
not be included within any personnel ceiling applicable to the Agency,
Service, or the Department of Health and Human Services during the
period of detail or assignment.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,753,609,000, of which up to
$8,000,000 may be used for facilities repairs and improvements at the
NCI-Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,901,012,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $386,095,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,694,298,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,524,750,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,270,496,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,923,481,000.
national institute of child health and human development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,257,418,000, of which $69,000,000 shall be for continuation of the
National Children's Study.
national eye institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$661,358,000.
national institute of environmental health sciences
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$637,323,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,039,828,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $504,533,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$391,556,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $136,550,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $433,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $994,829,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,394,806,000.
national human genome research institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $482,942,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $294,850,000.
national center for research resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,123,242,000, of which $25,000,000 shall be for
extramural facilities construction: Provided, That none of these funds
shall be used to pay recipients of the general research support grants
program any amount for indirect expenses in connection with such
grants.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$120,554,000.
national center on minority health and health disparities
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $194,299,000.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $66,681,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$313,269,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2007,
the Library may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health: Provided
further, That in addition to amounts provided herein, $8,200,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out National Information Center on Health
Services Research and Health Care Technology and related health
services.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $667,825,000, of which up to
$14,000,000 shall be used to carry out section 216 of this Act:
Provided, That funding shall be available for the purchase of not to
exceed 29 passenger motor vehicles for replacement only: Provided
further, That the Director may direct up to 1 percent of the total
amount made available in this or any other Act to all National
Institutes of Health appropriations to activities the Director may so
designate: Provided further, That no such appropriation shall be
decreased by more than 1 percent by any such transfers and that the
Committees on Appropriations of the House of Representatives and the
Senate are promptly notified of the transfer: Provided further, That
the National Institutes of Health is authorized to collect third party
payments for the cost of clinical services that are incurred in
National Institutes of Health research facilities and that such
payments shall be credited to the National Institutes of Health
Management Fund: Provided further, That all funds credited to such Fund
shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That up to $500,000 shall
be available to carry out section 499 of the Public Health Service Act:
Provided further, That in addition to the transfer authority provided
above, amounts appropriated in this Act to each institute and center
may be transferred and utilized for the National Institutes of Health
Common Fund: Provided further, That the amount utilized under the
preceding proviso shall not exceed $332,000,000 without prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
transferred and utilized under the preceding two provisos shall be in
addition to amounts made available for the Common Fund from the
Director's Discretionary Fund and to any amounts allocated to
activities related to the Common Fund through the normal research
priority-setting process of individual institutes and centers: Provided
further, That beginning on April 1, 2007, the Director shall report
every six months to the Committees on Appropriations of the House of
Representatives and the Senate on all deposits to and expenditures from
the Common Fund: Provided further, That of the funds provided $10,000
shall be for official reception and representation expenses when
specifically approved by the Director of the National Institutes of
Health: Provided further, That the Office of AIDS Research within the
Office of the Director of the National Institutes of Health may spend
up to $4,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the Public
Health Service Act: Provided further, That of the funds provided
$96,030,000 shall be for expenses necessary to support activities
related to countering potential nuclear, radiological and chemical
threats to civilian populations: Provided further, That of the funds
provided, $159,500,000 shall be for expenses necessary to support
activities related to the advanced development of biodefense
countermeasures.
buildings and facilities
For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $81,081,000, to
remain available until expended.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
(PHS Act) with respect to substance abuse and mental health services,
the Protection and Advocacy for Individuals with Mental Illness Act,
and section 301 of the PHS Act with respect to program management,
$3,217,006,000, of which $12,640,000 shall be available for
noncompetitive grants, with terms and conditions and in the amounts
specified in the committee report of the House of Representatives
accompanying this Act: Provided, That notwithstanding section
520A(f)(2) of the PHS Act, no funds appropriated for carrying out
section 520A are available for carrying out section 1971 of the PHS
Act: Provided further, That in addition to amounts provided herein, the
following amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title XIX of the
PHS Act to fund section 1935(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1935(b) activities shall not
exceed 5 percent of the amounts appropriated for subpart II of part B
of title XIX; (2) $21,629,000 to carry out subpart I of part B of title
XIX of the PHS Act to fund section 1920(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1920(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart I of
part B of title XIX; (3) $21,000,000 to carry out national surveys on
drug abuse; and (4) $4,300,000 to evaluate substance abuse treatment
programs.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, $318,695,000;
and in addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until
expended: Provided, That no amount shall be made available pursuant to
section 927(c) of the Public Health Service Act for fiscal year 2007.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $138,072,248,000, to remain available until
expended.
For making, after May 31, 2007, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2007,
for unanticipated costs, incurred for the current fiscal year, such
sums as may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2008, $65,257,617,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections
1844 and 1860D-16 of the Social Security Act, sections 103(c) and
111(d) of the Social Security Amendments of 1965, section 278(d) of
Public Law 97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $197,017,391,000.
In addition, for making matching payments under section 1844 of the
Social Security Act, and benefit payments under 1860D-16 of such Act,
not anticipated in budget estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $3,153,547,000, to be transferred
from the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended: Provided, That all funds derived in
accordance with section 9701 of title 31, United States Code, from
organizations established under title XIII of the Public Health Service
Act shall be credited to and available for carrying out the purposes of
this appropriation: Provided further, That $5,145,000 shall be
available for noncompetitive grants, with terms and conditions and in
the amounts specified in the committee report of the House of
Representatives accompanying this Act: Provided further, That
$22,765,000, to remain available until September 30, 2008, is for
contract costs for the Centers for Medicare and Medicaid Services
Systems Revitalization Plan: Provided further, That $48,960,000, to
remain available until September 30, 2008, is for contract costs for
the Healthcare Integrated General Ledger Accounting System: Provided
further, That $146,760,000, to remain available until September 30,
2008, is for Medicare contracting reform activities of the Centers for
Medicare and Medicaid Services: Provided further, That funds
appropriated under this heading are available for the Healthy Start,
Grow Smart program under which the Centers for Medicare and Medicaid
Services may, directly or through grants, contracts, or cooperative
agreements, produce and distribute informational materials including,
but not limited to, pamphlets and brochures on infant and toddler
health care to expectant parents enrolled in the Medicaid program and
to parents and guardians enrolled in such program with infants and
children: Provided further, That the Secretary of Health and Human
Services shall charge fees for conducting revisit surveys on health
care facilities cited for deficiencies during initial certification,
recertification, or substantiated complaints surveys; such fees shall
be credited to this appropriation as offsetting collections, to remain
available until expended for conducting such surveys; and the amount
appropriated under this heading from the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust Funds shall be
reduced by an amount corresponding to the fees collected: Provided
further, That the Secretary of Health and Human Services shall collect
fees in fiscal year 2007 from Medicare Advantage organizations pursuant
to section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of such
Act pursuant to section 1876(k)(4)(D) of such Act.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,752,697,000, to remain
available until expended; and for such purposes for the first quarter
of fiscal year 2008, $1,000,000,000, to remain available until
expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act as in effect before the effective date of the program of
Temporary Assistance for Needy Families (TANF) with respect to such
State, such sums as may be necessary: Provided, That the sum of the
amounts available to a State with respect to expenditures under such
title IV-A in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
low income home energy assistance
For making payments under section 2602(b) of the Low Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621(b)), $1,930,000,000.
For making payments under section 2604(e) the Low Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), $181,170,000,
notwithstanding the designation requirement of section 2602(e) of such
Act.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and placement of
unaccompanied alien children authorized by title IV of the Immigration
and Nationality Act (8 U.S.C. 1524) and section 501 of the Refugee
Education Assistance Act of 1980 (8 U.S.C. 1522 note), for carrying out
section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279), and
for carrying out the Torture Victims Relief Act of 1998 (22 U.S.C. 2152
note) $604,329,000, of which up to $9,816,000 shall be available to
carry out the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.): Provided, That funds appropriated under this heading
pursuant to section 414(a) of the Immigration and Nationality Act and
section 462 of the Homeland Security Act of 2002 for fiscal year 2007
shall be available for the costs of assistance provided and other
activities to remain available through September 30, 2009.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.), $2,062,081,000 shall be used to
supplement, not supplant State general revenue funds for child care
assistance for low-income families: Provided, That $18,777,370 shall be
available for child care resource and referral and school-aged child
care activities, of which $982,080 shall be for the Child Care Aware
toll-free hotline: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G, $267,785,718
shall be reserved by the States for activities authorized under section
658G, of which $98,208,000 shall be for activities that improve the
quality of infant and toddler care: Provided further, That $9,821,000
shall be for use by the Secretary for child care research,
demonstration, and evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act (42 U.S.C. 1397a), $1,700,000,000.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act (42 U.S.C. 5711 et seq.), the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001
et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 et seq.), sections 310 and
316 of the Family Violence Prevention and Services Act (42 U.S.C.
10409, 10416), the Native American Programs Act of 1974 (42 U.S.C.
2991a et seq.), title II of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) (adoption
opportunities), sections 330F and 330G of the Public Health Service Act
(42 U.S.C. 254c-6, 254c-7), the Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note), sections 261 and 291 of the Help America
Vote Act of 2002 (42 U.S.C. 15421, 15461), part B-1 of title IV and
sections 413, 1110, and 1115 of the Social Security Act, for making
payments under the Community Services Block Grant Act (42 U.S.C. 9901
et seq.), sections 439 and 477 of the Social Security Act, and the
Assets for Independence Act (42 U.S.C. 604 note), and for necessary
administrative expenses to carry out such Acts and titles I, IV, V, X,
XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5,
1960 (24 U.S.C. ch. 9), the Low Income Home Energy Assistance Act of
1981, title IV of the Immigration and Nationality Act, section 501 of
the Refugee Education Assistance Act of 1980, $8,652,666,000, of which
$17,820,000, to remain available until September 30, 2008, shall be for
grants to States for adoption incentive payments, as authorized by
section 473A of the Social Security Act (42 U.S.C. 673b) and may be
made for adoptions completed before September 30, 2007: Provided, That
$6,788,571,000 shall be for making payments under the Head Start Act,
of which $1,388,800,000 shall become available October 1, 2007, and
remain available through September 30, 2008: Provided further, That
$483,426,000 shall be for making payments under the Community Services
Block Grant Act: Provided further, That not less than $7,367,000 shall
be for section 680(3)(B) of the Community Services Block Grant Act:
Provided further, That in addition to amounts provided herein,
$6,000,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out the provisions of section
1110 of the Social Security Act: Provided further, That the Secretary
of Health and Human Services shall establish procedures regarding the
disposition of intangible property which permits grant funds, or
intangible assets acquired with funds authorized under section 680 of
the Community Services Block Grant Act, to become the sole property of
such grantees after a period of not more than 12 years after the end of
the grant for purposes and uses consistent with the original grant:
Provided further, That funds appropriated for section 680(a)(2) of the
Community Services Block Grant Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $54,549,000 is for a compassion capital fund to
provide grants to charitable organizations to emulate model social
service programs and to encourage research on the best practices of
social service organizations: Provided further, That $15,720,000 shall
be for activities authorized by the Help America Vote Act of 2002, of
which $10,890,000 shall be for payments to States to promote access for
voters with disabilities, and of which $4,830,000 shall be for payments
to States for protection and advocacy systems for voters with
disabilities: Provided further, That $108,900,000 shall be for making
competitive grants to provide abstinence education (as defined by
section 510(b)(2)(A)-(H) of the Social Security Act) to adolescents,
and for Federal costs of administering the grant: Provided further,
That grants under the immediately preceding proviso shall be made only
to public and private entities which agree that, with respect to an
adolescent to whom the entities provide abstinence education under such
grant, the entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case of an
entity expressly required by law to provide health information or
services the adolescent shall not be precluded from seeking health
information or services from the entity in a different setting than the
setting in which abstinence education was provided: Provided further,
That within amounts provided herein for abstinence education for
adolescents, up to $10,000,000 may be available for a national
abstinence education campaign: Provided further, That in addition to
amounts provided herein for abstinence education for adolescents,
$4,500,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out evaluations (including
longitudinal evaluations) of adolescent pregnancy prevention
approaches: Provided further, That $2,000,000 shall be for improving
the Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$345,000,000 and for section 437 of such Act, $89,100,000.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $5,211,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2008, $1,810,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (42 U.S.C. 3011 et seq.) and section 398 of the
Public Health Service Act (42 U.S.C. 280c-3), $1,390,306,000, of which
$5,500,000 shall be available for activities regarding medication
management, screening, and education to prevent incorrect medication
and adverse drug reactions.
Departmental Management
office of the secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, XX, and XXI of the Public Health Service Act, the
United States-Mexico Border Health Commission Act, and research studies
under section 1110 of the Social Security Act, $357,800,000, together
with $5,792,000 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, and $39,552,000
from the amounts available under section 241 of the Public Health
Service Act to carry out national health or human services research and
evaluation activities: Provided, That of the funds made available under
this heading for carrying out title XX of the Public Health Service
Act, $13,120,000 shall be for activities specified under section
2003(b)(2), all of which shall be for prevention service demonstration
grants under section 510(b)(2) of the Social Security Act without
application of the limitation of section 2010(c) of such title XX:
Provided further, That of this amount, $51,891,000 shall be for
minority AIDS prevention and treatment activities; and $5,892,000 shall
be to assist Afghanistan in the development of maternal and child
health clinics, consistent with section 103(a)(4)(H) of the Afghanistan
Freedom Support Act of 2002.
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 Supplementary 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 development and advancement of an
interoperable national health information technology infrastructure,
$86,070,000: Provided, That in addition to amounts provided herein,
$11,930,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out health information
technology network development.
office of the inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$41,415,000: Provided, That of such amount, necessary sums are
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under section 228 of title 18, United States Code.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$32,969,000, 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 Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. chapter 55), such amounts as
may be required during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, disease, nuclear, radiological and chemical
threats to civilian populations, and other public health emergencies,
$160,475,000.
Administrative 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 of Health and Human Services 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 United States
Agency for International Development, the United 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 399F(b) of the Public Health Service Act or section
1503 of the National Institutes 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 II.
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 preparation and submission of a
report by the Secretary of Health and Human Services to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds.
Sec. 207. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary of Health and Human Services
shall determine, but not more than 1 percent, of any amounts
appropriated for programs authorized under such 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) which are appropriated for the current fiscal year for the
Department of Health and Human Services in this Act may be transferred
between an appropriation, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That an
appropriation may be increased by up to an additional 2 percent subject
to approval by the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the transfer
authority granted by this section shall be available only to meet
unanticipated 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 Committees on Appropriations are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 209. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may transfer
up to 3 percent among institutes and centers from the total amounts
identified by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
promptly notified 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 research 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 of Health
and Human Services that it encourages family participation in the
decision of minors to seek family planning 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 of Health and Human
Services denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) 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 organization 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 molestation, sexual abuse, rape, or incest.
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, 2007, that the State
will commit additional State funds, in accordance with subsection (b),
to ensure compliance with State laws prohibiting 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 percentage point by which the State misses
the retailer compliance 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 fiscal year 2007
for tobacco prevention programs and for compliance activities at a
level that is not less than the level of such expenditures maintained
by the State for fiscal year 2006, and adding to that level the
additional funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Secretary on all
fiscal year 2006 State expenditures and all fiscal year 2007
obligations for tobacco prevention and compliance activities by program
activity by July 31, 2007.
(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, 2007.
(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 Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2007:
(1) The Secretary of Health and Human Services (HHS) 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 HHS 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 applicable statutes administered by the Department of
State.
(2) The Secretary of HHS is authorized to provide such
funds by advance or reimbursement to the Secretary of State as
may be necessary to pay the costs of acquisition, lease,
alteration, renovation, and management of facilities outside of
the United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary of HHS to ensure that
HHS has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary of HHS 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 foreign countries,
funds to acquire, lease, alter, or renovate facilities in those
countries as necessary to conduct programs of assistance for
international health activities, including activities relating
to HIV/AIDS and other infectious diseases, chronic and
environmental diseases, and other health activities abroad.
Sec. 216. (a) Authority.--Notwithstanding any other provision of
law, the Director of the National Institutes of Health may use funds
available under section 402(i) 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 Roadmap for Medical Research.
(b) Peer Review.--In entering into transactions under subsection
(a), the Director of the National Institutes of Health may utilize such
peer review procedures (including 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. 217. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention (CDC) and the Agency for Toxic Substances and Disease
Registry (ATSDR) may be transferred to ``Disease 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. 218. (a) For fiscal year 2007 and subject to subsection (b),
the Secretary of Health and Human Services may waive the requirements
of regulations promulgated under the Head Start Act (42 U.S.C. 9831 et
seq.), for one or more vehicles used by a Head Start agency or an Early
Head Start entity (or the designee of either) in transporting children
enrolled in a Head Start program or an Early Head Start program if--
(1) such requirements pertain to child restraint systems or
vehicle monitors;
(2) the agency or entity demonstrates that compliance with
such requirements will result in a significant disruption to
the Head Start program or the Early Head Start program; and
(3) waiving such requirements is in the best interest of
the children involved.
(b) The Secretary of Health and Human Services may not issue any
waiver under subsection (a) after September 30, 2007, or the date of
the enactment of a statute that authorizes appropriations for fiscal
year 2007 to carry out the Head Start Act, whichever date is earlier.
Sec. 219. In addition to any other amounts available for such
travel, and notwithstanding any other provision of law, amounts
available from this or any other appropriation for the purchase, hire,
maintenance, or operation of aircraft by the Centers for Disease
Control and Prevention may be used to provide travel on such aircraft
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 Secretary or
the Director during such travel.
Sec. 220. The Director of the National Institutes of Health (NIH)
shall require that all investigators funded by the NIH submit an
electronic version of their final, peer-reviewed manuscripts upon
acceptance for publication to the NIH National Library of Medicine's
PubMed Central as soon as practicable but no later than 12 months after
the official date of publication.
Sec. 221. None of the funds made available in this Act may be used
to phase down or reduce below 6 percent the rate of health-care related
tax or taxes for a health care class permitted under section
433.68(f)(3) of title 42, Code of Federal Regulations as a percentage
of the revenues received by the taxpayer.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (ESEA) and section 418A of the Higher Education Act of
1965, $14,652,541,000, of which $7,099,907,000 shall become available
on July 1, 2007, and shall remain available through September 30, 2008,
and of which $7,383,301,000 shall become available on October 1, 2007,
and shall remain available through September 30, 2008 for academic year
2007-2008: Provided, That $6,808,408,000 shall be for basic grants
under section 1124 of ESEA: Provided further, That up to $3,472,000 of
these funds shall be available to the Secretary of Education on October
1, 2006, to obtain annually updated educational-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 of
ESEA: Provided further, That $2,269,843,000 shall be for targeted
grants under section 1125 of ESEA: Provided further, That
$2,269,843,000 shall be for education finance incentive grants under
section 1125A of ESEA: Provided further, That $9,330,000 shall be to
carry out sections 1501 and 1503: Provided further, That $3,000,000
shall be available for section 1608 of the ESEA, of which $1,537,000
shall be available for a continuation award for the comprehensive
school reform clearinghouse previously funded under the heading
``Innovation and Improvement'' in title III of division F of Public Law
108-447.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,228,453,000, of which
$1,091,867,000 shall be for basic support payments under section
8003(b) of such Act, $49,466,000 shall be for payments for children
with disabilities under section 8003(d) of such Act, $17,820,000 shall
be for construction under section 8007(a) of such Act, $64,350,000
shall be for Federal property payments under section 8002 of such Act,
and $4,950,000, to remain available until expended, shall be for
facilities maintenance under section 8008 of such Act: Provided, That
for purposes of computing the amount of a payment for an eligible local
educational agency under section 8003(a) of such Act for school year
2006-2007, 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 described
in section 8003(a)(1)(B) of such Act), are no longer eligible under
such section, shall be considered as eligible students under such
section, provided such students remain in average daily attendance at a
school in the same local educational agency they attended prior to
their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by title
II, part B of title IV, part A and subpart 9 of part D of title V,
parts A and B of title VI, and parts B and C of title VII of the
Elementary and Secondary Education Act of 1965 (ESEA); the McKinney-
Vento Homeless Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association Amendments Act
of 2003; and the Civil Rights Act of 1964, $4,764,559,000, of which
$3,296,518,000 shall become available on July 1, 2007, and remain
available through September 30, 2008, and of which $1,285,000,000 shall
become available on October 1, 2007, and shall remain available through
September 30, 2008, for academic year 2007-2008: Provided, That
$407,563,000 shall be for State assessments and related activities
authorized under sections 6111 and 6112 of ESEA: Provided further, That
$56,257,000 shall be available to carry out section 203 of the
Educational Technical Assistance Act of 2002: Provided further, That
$21,780,000 shall be available to carry out part D of title V of ESEA:
Provided further, That no funds appropriated under this heading may be
used to carry out section 5494 under ESEA: Provided further, That
$18,001,000 shall be available to carry out the Supplemental Education
Grants program for the Federated States of Micronesia and for 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
Supplemental Education Grants programs and to obtain technical
assistance, oversight, and consultancy services in the administration
of these grants and to reimburse the United States Departments of
Labor, Health and Human Services, and Education for such services.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $118,690,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I,
subpart 5 of part A and part C of title II, and parts B, C, and D of
title V of the Elementary and Secondary Education Act of 1965 (ESEA),
$911,413,000, of which $94,050,000 shall become available on July 1,
2007 and remain available until September 30, 2008: Provided, That
$18,695,000 shall be available to carry out section 2151(c) of ESEA, of
which not less than $10,695,000 shall be provided to the National Board
for Professional Teaching Standards, and not less than $8,000,000 shall
be provided to the American Board for the Certification of Teacher
Excellence: Provided 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: Provided
further, That $36,611,000 shall be for subpart 2 of part B of title V:
Provided further, That for a participant to receive a stipend or bonus
under section 2304 of ESEA, the full-time employment required by
section 2304(a)(1)(B) or section 2304(d)(1), respectively, need not be
with a ``high-need'' school if it is with a school receiving funds
under part A of title I of ESEA: Provided further, That $282,962,000
shall be available to carry out part D of title V of ESEA, of which
$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 implement performance-based teacher and
principal compensation systems in high-need schools: Provided further,
That such performance-based compensation systems must consider gains in
student academic achievement as well as classroom evaluations conducted
multiple times during each school year among other factors and provide
educators with incentives to take on additional responsibilities and
leadership roles: Provided further, That 5 percent of such funds for
competitive grants shall become available on October 1, 2006, for
technical assistance, training, peer review of applications, program
outreach, and evaluation activities and that 95 percent shall become
available on July 1, 2007, and remain available through September 30,
2008, for competitive grants: Provided further, That $78,962,000 of the
funds for subpart 1, part D of title V of ESEA shall be available for
noncompetitive grants, with terms and conditions and in the amounts
specified in the committee report of the House of Representatives
accompanying this Act.
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 Secondary Education Act of 1965 (ESEA),
$623,627,000, of which $310,000,000 shall become available on July 1,
2007 and remain available through September 30, 2008: Provided, That
$310,000,000 shall be available for subpart 1 of part A of title IV of
ESEA and $215,992,000 shall be available for subpart 2 of part A of
title IV of ESEA, of which $5,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence program to provide education-related services to local
educational agencies in which the learning environment has been
disrupted due to a violent or traumatic crisis: Provided further, That
$72,635,000 shall be available to carry out part D of title V of ESEA.
English Language Acquisition
For carrying out part A of title III of the Elementary and
Secondary Education Act of 1965, $669,007,000, which shall become
available on July 1, 2007, and shall remain available through September
30, 2008, except that 6.5 percent of such amount shall be available on
October 1, 2006, and shall remain available through September 30, 2008,
to carry out activities under section 3111(c)(1)(C) of such Act.
Special Education
For carrying out the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), $11,753,013,000, of which $5,526,058,000
shall become available on July 1, 2007, and shall remain available
through September 30, 2008, and of which $6,024,200,000 shall become
available on October 1, 2007, and shall remain available through
September 30, 2008, for academic year 2007-2008: Provided, That
$11,880,000 shall be for Recording for the Blind and Dyslexic, Inc., to
support the development, production, and circulation of recorded
educational materials: Provided further, That the amount for section
611(b)(2) of such Act shall be equal to the lesser of the amount
available for that activity during fiscal year 2006, increased by the
amount of inflation as specified in section 619(d)(2)(B) of the Act or
the percentage increase in the funds appropriated under section 611(i)
of such Act.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Assistive
Technology Act of 1998 (29 U.S.C. 3001 et seq.), and the Helen Keller
National Center Act (29 U.S.C. 1901 et seq.), $3,244,247,000: Provided,
That $1,735,000 of the funds for section 303 of the Rehabilitation Act
of 1973 shall be available for noncompetitive grants, with terms and
conditions and in the amounts specified in the committee report of the
House of Representatives accompanying this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879 (20 U.S.C. 101 et seq.),
$18,000,000.
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.), $57,000,000: Provided, That from the total amount available, the
Institute may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
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.), $110,500,000: Provided, That from the
total amount available, the University may at its discretion use funds
for the endowment program as authorized under section 207 of such Act.
Vocational and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act of 1998, the Adult
Education and Family Literacy Act, subpart 4 of part D of title V of
the Elementary and Secondary Education Act of 1965 (ESEA),
$1,925,858,000, of which $1,132,358,000 shall become available on July
1, 2007, and shall remain available through September 30, 2008, and of
which $791,000,000 shall become available on October 1, 2007, and shall
remain available through September 30, 2008: 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 further, That of the amount reserved for
integrated English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act, 65 percent
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 United States Citizenship and Immigration Services data for
immigrants admitted for legal permanent residence for the 10 most
recent years, and 35 percent allocated to States that experienced
growth as measured by the average of the 3 most recent years for which
United States Citizenship and Immigration Services data for immigrants
admitted for legal permanent residence are available, except that no
State shall be allocated an amount less than $60,000: Provided further,
That of the amounts made available for the Adult Education and Family
Literacy Act, $9,005,000 shall be for national leadership activities
under section 243 of such Act and $6,572,000 shall be for the National
Institute for Literacy under section 242 of such Act: Provided further,
That $50,000,000 shall be available to support the activities
authorized under subpart 4 of part D of title V of the Elementary and
Secondary Education Act of 1965, of which up to 5 percent shall become
available October 1, 2006, and shall remain available through September
30, 2008, for evaluation, technical assistance, school networks, peer
review of applications, and program outreach activities, and of which
not less than 95 percent shall become available on July 1, 2007, and
remain available through September 30, 2008, for grants to local
educational agencies: Provided further, That funds made available to
local educational agencies under this subpart shall be used only for
activities related to establishing smaller learning communities within
large high schools or small high schools that provide alternatives for
students enrolled in large high schools.
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, $14,890,745,000, which
shall remain available through September 30, 2008.
The maximum Pell Grant for which a student shall be eligible during
award year 2007-2008 shall be $4,150.
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, $713,720,000, to 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),
section 1543 of the Higher Education Amendments of 1992, the Mutual
Educational and Cultural Exchange Act of 1961, title VIII of the Higher
Education Amendments of 1998, and section 117 of the Carl D. Perkins
Vocational and Technical Education Act, $1,964,203,000: Provided, That
$9,699,000, to remain available through September 30, 2008, shall be
available to fund fellowships for academic year 2008-2009 under subpart
1 of part A of title VII of the HEA, under the terms and conditions of
such subpart 1: Provided further, That notwithstanding any other
provision of law or any regulation, the Secretary of Education shall
not require the use of a restricted indirect cost rate for grants
issued pursuant to section 117 of the Carl D. Perkins Vocational and
Technical Education Act of 1998: 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
countries in the fields of government, the professions, or
international 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 information dissemination
activities: Provided further, That $90,115,000 shall be available for
part B of title VII of the HEA, of which $68,126,000 shall be available
for the projects and in the amounts specified in the report of the
Committee on Appropriations of the House of Representatives
accompanying this Act: Provided further, That the funds provided for
title II of the HEA shall be allocated notwithstanding section 210 of
such Act.
Howard University
For partial support of Howard University (20 U.S.C. 121 et seq.),
$237,392,000, of which not less than $3,600,000 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 Account
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the Higher
Education Act of 1965, as amended $486,000.
Historically Black College and University Capital Financing Program
Account
The aggregate principal amount of outstanding bonds insured
pursuant to section 344 of the Higher Education Act of 1965 shall not
exceed $357,000,000, and the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to part D of title III of the Higher Education Act of 1965, $190,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002 the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $534,916,000, of which $279,292,000 shall remain
available until September 30, 2008.
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, $423,916,000, of which $2,500,000, 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, D.C.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $92,866,000.
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, $51,000,000.
Administrative 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 education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization 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 voluntary 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) which are appropriated for the current fiscal year for the
Department of Education in this Act may be transferred between an
appropriation, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That an appropriation
may be increased by up to an additional 2 percent subject to approval
by the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the transfer authority granted by
this section shall be available only to meet unanticipated 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 Committees on Appropriations are notified at least 15 days in
advance of any transfer.
Sec. 305. None of the funds appropriated or otherwise made
available in this Act to the Department of Education may be expended in
contravention of section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623).
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 established by Public Law 92-28,
$4,995,000.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, $313,050,000: Provided, That none of the funds
made available to the Corporation for National and Community Service in
this Act for activities authorized 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
volunteers or volunteer leaders whose incomes exceed 125 percent of the
national poverty level.
national and community service programs, operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service (the Corporation) in carrying out programs,
activities, and initiatives under the National and Community Service
Act of 1990 (the Act) (42 U.S.C. 12501 et seq.), $437,457,000, to
remain available until September 30, 2008: Provided, That not more than
$218,060,000 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 Act (42 U.S.C. 12571 et
seq.) (relating to activities of the AmeriCorps program), including
grants to organizations operating projects under the AmeriCorps
Education Awards Program (without regard to the requirements of
sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the
Act): Provided further, That not less than $124,720,000 of the amount
provided 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 Act
(42 U.S.C. 12601): Provided further, That in addition to amounts
otherwise provided to the National Service Trust under the second
proviso, the Corporation may transfer funds from the amount provided
under the first proviso, to the National Service Trust authorized under
subtitle D of title I of the 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 $55,000,000 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 more than $3,966,000 shall be available for
quality and innovation activities authorized under subtitle H of title
I of the Act (42 U.S.C. 12853 et seq.): Provided further, That
notwithstanding subtitle H of title I of the Act (42 U.S.C. 12853),
none of the funds provided under the previous proviso shall be used to
support salaries and related expenses (including travel) attributable
to Corporation employees: Provided further, That to the maximum extent
feasible, funds appropriated under subtitle C of title I of the Act
shall be provided in a manner that is consistent with the
recommendations of peer review panels in order to ensure that priority
is given to programs that demonstrate quality, innovation,
replicability, and sustainability: Provided further, That $26,730,000
of the funds made available under this heading shall be available for
the National Civilian Community Corps authorized under subtitle E of
title I of the Act (42 U.S.C. 12611 et seq.): Provided further, That
$34,155,000 shall be available for school-based and community-based
service-learning programs authorized under subtitle B of title I of the
Act (42 U.S.C. 12521 et seq.): Provided further, That $2,460,000 shall
be available for audits and other evaluations authorized under section
179 of the Act (42 U.S.C. 12639): Provided further, That $9,900,000 of
the funds made available under this heading shall be made available for
the Points of Light Foundation for activities authorized under title
III of the Act (42 U.S.C. 12661 et seq.), of which not more than
$2,500,000 may be used to support an endowment fund, the corpus of
which shall remain intact and the interest income from which shall be
used to support activities described in title III of the Act, provided
that the Foundation may invest the corpus and income in federally
insured bank savings accounts or comparable interest bearing accounts,
certificates of deposit, money market funds, mutual funds, obligations
of the United States, and other market instruments and securities but
not in real estate investments: Provided further, That no funds shall
be available for national service programs run by Federal agencies
authorized under section 121(b) of such Act (42 U.S.C. 12571(b)):
Provided further, That $4,950,000 of the funds made available under
this heading shall be made available to America's Promise--The Alliance
for Youth, Inc.: Provided further, That to the maximum extent
practicable, the Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the private
sector, and shall reduce the total Federal costs per participant in all
programs: Provided further, That notwithstanding section 501(a)(4) of
the Act, of the funds provided under this heading, not more than
$12,516,000 shall be made available to provide assistance to State
commissions on national and community service under section 126(a) of
the Act: Provided further, That the Corporation may use up to 1 percent
of program grant funds made available under this heading to defray its
costs of conducting grant application reviews, including the use of
outside peer reviewers.
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 section 3109 of title 5, United States Code, and not
to exceed $2,500 for official reception and representation expenses,
$67,483,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $4,950,000, to remain
available until September 30, 2007.
administrative provisions
Sec. 401. Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service 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.
Sec. 402. 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.
Sec. 403. 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
substantially 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 reimbursements 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.
Sec. 404. For fiscal year 2007, the Corporation for National and
Community Service shall make any significant changes to program
requirements or policy only through public notice and comment
rulemaking. For fiscal year 2007, during any grant selection process,
no officer or employee of the Corporation shall knowingly disclose any
covered grant selection information regarding such selection, 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.
Sec. 405. None of the funds made available to the Corporation for
National and Community Service may be used to pay a Segal or other
educational award in excess of the maximum Pell Grant award as defined
in title III of this Act.
Corporation for Public Broadcasting
Of the amounts made available to the Corporation for Public
Broadcasting for fiscal year 2007 by Public Law 108-447, not to exceed
$38,000,000 is available for grants associated with the transition of
public broadcasters to digital broadcasting, to be awarded as
determined by the Corporation in consultation with public broadcasting
licensees or permittees, or their designated representatives; and not
to exceed $36,000,000 is available pursuant to section 396(k)(10) of
the Communications Act of 1934 for replacement and upgrade of the
public television interconnection system: Provided, That section
396(k)(3) of the Act shall apply only to amounts remaining after the
allocations made herein.
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 vehicles; for expenses necessary for the Labor-
Management Cooperation 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 (5 U.S.C. chapter 71), $42,842,000:
Provided, That notwithstanding section 3302 of title 31, United States
Code, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development 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, personal, or other
property in the aid of any projects or functions 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.), $7,731,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act (20 U.S.C. 961
et seq.), and the National Museum of African American History and
Culture Act (20 U.S.C. 80r et seq.), $280,415,000, of which $18,175,000
shall be available for noncompetitive grants under the terms and
conditions and in the amounts specified in the committee report of the
House of Representatives accompanying this Act, to remain available
until expended.
medicare payment advisory commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $10,457,000, 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 necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public
Law 91-345, as amended), $983,000.
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, $3,180,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947 (29 U.S.C. 141-167), and other laws, $249,789,000: Provided,
That no part of this appropriation shall be available to organize or
assist in organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural 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 and as defined in section 3(f) of
the Act of June 25, 1938 (29 U.S.C. 203), and including in such
definition employees engaged 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 purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act (45 U.S.C. 151-188), including emergency boards appointed by
the President, $11,749,000.
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), $10,510,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $88,000,000,
which shall include amounts becoming available in fiscal year 2007
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 received exceeds $88,000,000:
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 Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2008, 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, $103,518,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $7,606,000, 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 provide any office space,
equipment, office supplies, communications facilities or services,
maintenance services, or administrative services for the Office; used
to pay any salary, benefit, or award for any personnel of the Office;
used to pay any other operating expense of the Office; or used to
reimburse the Office for any service provided, or expense incurred, by
the Office.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security Act,
$27,756,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security 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,
$29,065,000,000, to remain available until expended: Provided, 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 Social 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 2008, $16,810,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $15,000 for official reception and
representation expenses, not more than $9,175,000,000 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 Advisory Board:
Provided further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2007 not needed for fiscal
year 2007 shall remain available until expended to invest in the Social
Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment and
non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
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 appropriated,
as soon as possible after such expenditures are made.
In addition, $117,000,000 to be derived from administration 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 sections in fiscal year 2007
exceed $117,000,000, the amounts shall be available in fiscal year 2008
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act
(Public Law 108-203), which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$26,435,000, together with not to exceed $67,976,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate.
TITLE V--GENERAL PROVISIONS
(transfer of funds)
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.
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 recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, 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, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
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 reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Salaries
and expenses, Federal Mediation and Conciliation 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 syringes for the hypodermic injection
of any illegal drug.
Sec. 506. When issuing statements, press releases, requests 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 program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits 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 preceding 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.
(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 matching 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
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 509. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos 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 embryo 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, parthenogenesis, 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 legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act (21 U.S.C. 812) except for normal and recognized executive-
congressional communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine 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, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required 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 instrumentality of the United
States Government, except pursuant 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 paragraph
(4) of such section.
Sec. 515. None of the funds made available by this Act to carry out
part D of title II of the Elementary and Secondary Education Act of
1965 may be made available to any elementary or secondary school
covered by paragraph (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 educational 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.
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 obligation or expenditure in fiscal
year 2007, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
(b) 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 obligation or expenditure in fiscal year 2007, 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 in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming 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 appointment 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 political 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 deliberately false or
misleading.
Sec. 519. Each Department and related agency funded through this
Act shall submit an operating plan within 45 days of enactment which
details any reprogramming of funds between object classes or between
accounts (to the extent permitted in statute), which will result in a
funding allocation that is different than that specified in the Act,
the accompanying detailed table, or the 2007 Budget Request.
Sec. 520. Notwithstanding any other provision in this Act, no funds
provided in this Act shall be reprogrammed or transferred from the
accounts, object classes or the original purposes for which funds were
provided to the government-wide ``E-Gov Initiative'', without an
approval reprogramming request from the Committees on Appropriations of
the House of Representatives and the Senate. Any request to reprogram
funds shall include a detailed explanation of which funded activities
will be delayed or terminated and demonstrate the direct benefits to
the office or program that will result from the reprogramming to the
``E-Gov Initiative''. The reprogramming request shall also include a
certification by the lead career staff person for the office or program
that the direct benefits to that office or program resulting from the
transfer of funds to the E-Gov Initiative exceed the direct benefits
that would occur from the use of funds for the purposes originally
provided.
Sec. 521. No funds in this Act shall be used to develop or
participate in the development of a Program Assessment Rating Tool
(PART) analysis or study unless the Committee on Appropriations of the
House of Representatives, in consultation with the Committee on
Government Reform of the House of Representatives, and the Committee on
Appropriations of the Senate have approved the use of funds, the PART
study to be conducted, the data bases which will be used for
determining the score, and the methodology to be employed for the
rating of the program, including the relative weights to be applied to
the four factors used in establishing numerical and summary ratings.
Sec. 522. All departments and related agencies shall, in developing
their fiscal year 2008 budget requests, provide congressional
justifications in the traditional format in accordance with the
guidance provided in the report of the Committee on Appropriations of
the House of Representatives accompanying this Act. No funds in this
Act may be used to develop alternative congressional
justifications. may be used to develop alternative congressional
justifications.
Sec. 523. None of the funds made available by this Act shall be
used in contravention of the Federal buildings performance and
reporting requirements of Executive Order 13123, part 3 of title V of
the National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.),
or subtitle A of title I of the Energy Policy Act of 2005 (including
the amendments made thereby).
Sec. 524. None of the funds appropriated by this Act may be used by
the Commissioner of Social Security or the Social Security
Administration to develop guidelines, policies, or procedures, or to
pay the compensation of employees of the Social Security
Administration, to administer Social Security benefit payments, under
any agreement between the United States and any other country
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the
social security system of any other country, which would be
inconsistent with existing statutory law.
Sec. 525. (a) Minimum Wage.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended--
(1) by striking ``and not less than $5.15 an hour'' and
inserting ``not less than $5.15 an hour''; and
(2) by inserting before the semicolon at the end the
following: ``, not less than $5.85 an hour beginning on January
1, 2007, not less than $6.55 an hour beginning on January 1,
2008, and not less than $7.25 an hour beginning on January 1,
2009''.
(a) Applicability of Minimum Wage to the Commonwealth of the
Northern Mariana Islands.--(1) Section 6 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206) shall apply to the Commonwealth of the
Northern Mariana Islands.
(2) Notwithstanding paragraph (1), the minimum wage applicable to
the Commonwealth of the Northern Mariana Islands under section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1))--
(A) shall be $3.55 an hour, beginning on the 60th
day after the date of enactment of this Act; and
(B) shall be increased by $0.50 an hour (or such
lesser amount as may be necessary to equal the minimum
wage under section 6(a)(1) of the Fair Labor Standards
Act of 1938), beginning 6 months after the date of
enactment of this Act and every 6 months thereafter
until the minimum wage applicable to the Commonwealth
of the Northern Mariana Islands under this subsection
is equal to the minimum wage set forth in such section.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2007''.
Union Calendar No. 289
109th CONGRESS
2d Session
H. R. 5647
[Report No. 109-515]
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2007, and for other purposes.
_______________________________________________________________________
June 20, 2006
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 109-515, by Mr. Regula.
The House Committee on Appropriations reported an original measure, H. Rept. 109-515, by Mr. Regula.
Placed on the Union Calendar, Calendar No. 289.
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