[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3708 Placed on Calendar Senate (PCS)]
Calendar No. 526
109th CONGRESS
2d Session
S. 3708
[Report No. 109-287]
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 SENATE OF THE UNITED STATES
July 20, 2006
Mr. Specter, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
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
For necessary expenses of the Workforce Investment Act of 1998 (the
``Act''), the Denali Commission Act of 1998, and the Women in
Apprenticeship and Non-Traditional 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, $3,459,832,000, 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, $2,928,764,000 as follows:
(A) $800,000,000 for adult employment and training
activities, of which $88,000,000 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 such Act, up to 30 percent of such
funds may be transferred by a local board if approved
by the Governor.
(2) For federally administered programs, $413,457,000 as
follows:
(A) $282,800,000 for the dislocated workers
assistance national reserve, of which $64,000,000 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 $125,000,000 shall be available for Community-
Based Job Training Grants, which shall be from funds
reserved under section 132(a)(2)(A) of the Workforce
Investment Act of 1998 and shall be used to carry out
such grants under section 171(d) of such Act, except
that the 10 percent limitation otherwise applicable to
the amount of funds that may be used to carry out
section 171(d) shall not be applicable to funds used
for Community-Based Job Training Grants.
(B) $50,000,000 for Native American programs, which
is available for the period July 1, 2007 through June
30, 2008.
(C) $80,657,000 for migrant and seasonal
farmworkers, including $75,053,000 for formula grants,
$5,000,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent
housing), and $604,000 for other discretionary
purposes, which is available for the period July 1,
2007 through June 30, 2008: Provided, That,
notwithstanding any other provision of law or related
regulation, the Department shall take no action
limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services.
(3) For national activities, $90,496,000 as follows:
(A) $60,000,000 for Responsible Reintegration of
Youthful Offenders, which is available for the period
of July 1, 2007 through June 30, 2008.
(B) $44,815,000 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
$27,115,000 shall be available for noncompetitive
grants, with terms and conditions and in the amounts
specified in the committee report of the Senate
accompanying this Act: Provided, That funding provided
to carry out projects under section 171 of the
Workforce Investment Act of 1998 that are identified in
the committee report accompanying this Act, shall not
be subject to the requirements of section 171(b)(2)(B)
of such Act, the requirements of section 171(c)(4)(D)
of such Act, the joint funding requirements of sections
171(b)(2)(A) and 171(c)(4)(A) of such Act, or any time
limit requirements of sections 171(b)(2)(C) and
171(c)(4)(B) of such Act.
(C) $4,921,000 for Evaluation, which is available
for the period July 1, 2007 through June 30, 2008.
(D) $6,875,000 for the Denali Commission which is
available for the period July 1, 2007 through June 30,
2008.
(E) $1,000,000 for carrying out Public Law 102-530,
which is available for the period July 1, 2007 through
June 30, 2008: Provided, That funds provided to carry
out section 171(d) of the Workforce Investment Act of
1998 may be used for demonstration projects that
provide assistance to new entrants in the workforce and
incumbent workers.
Funds provided to carry out section 132(a)(2)(A) of the Act may be
used to provide assistance to a State for statewide 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 administrative 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 the
State that received the approval not later than October 12, 2005, or to
revise action taken or to 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.
Of the funds provided under this heading in Public Law 109-149 for
the Employment and Training Administration, funding shall be continued
at no less than the previous grants level for a non-competitive grant
to the National Center on Education and the Economy to be awarded no
later than June 30, 2007.
Of the funds provided under this heading in Public Law 109-149 for
the Employment and Training Administration, $1,500,000 shall be for a
non-competitive grant to be awarded not later than January 12, 2007 to
the AFL-CIO Working for America Institute, to continue to initiate and
support labor-management workforce partnerships.
Of the funds provided under this heading in Public Law 109-149 for
the Employment and Training Administration, $2,200,000 shall be for a
non-competitive grant to be awarded not later than February 28, 2007,
to the AFL-CIO Appalachian Council, Incorporated, for Job Corps career
transition services.
Of the funds provided under this heading in Public Law 109-149 for
the Employment and Training Administration, $500,000 shall be for a
non-competitive grant to be awarded not later than January 12, 2007, to
the Delta Housing Development Corporation, to manage farmworker,
migrant and seasonal housing.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965, as
amended, $432,311,000.
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 chapter 2, 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, 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, $104,530,000, together with
not to exceed $3,246,346,000 (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,
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the
Trade Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, 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 $104,530,000, 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, as amended, 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 2,708,000, 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, as amended, 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.
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, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; 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,
$90,182,000, together with not to exceed $94,794,000, 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
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, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2006 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: 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 and 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 (including a pro rata amount for any
increment less than 100,000), 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, $433,295,000, 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 31 U.S.C. 3302, 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, as amended (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 title 5, chapter 81 of the 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, as amended, $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; and
(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 33 U.S.C. 901 et seq., 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, (the ``Act''), $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 the 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
the 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 of Labor to the
National Institute for Occupational Safety and Health (``NIOSH'') for
the administration of the Energy Employees Occupational Illness
Compensation Program (``EEOICPA''), the Secretary of Labor 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, as amended; and
interest on advances, as authorized by section 9501(c)(2) of that 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):
$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, $491,167,000, 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 under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, 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 31
U.S.C. 3302, the Secretary of Labor 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 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 that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such 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 such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such 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 such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such 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 not less than $3,200,000 shall be used to extend funding
for the Institutional Competency Building training grants which
commenced in September 2000, for program activities for the period of
September 30, 2007, to September 30, 2008, provided that a grantee has
demonstrated satisfactory performance.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $302,436,000, 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 $1,500,000
for an award to the Wheeling Jesuit University, for the National
Technology Transfer Center for a coal slurry impoundment pilot project;
including $100,000 for an award to Vehicle Projects, LLC, Denver,
Colorado, for a fuel-cell coal mine vehicle demonstration project;
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 31 U.S.C. 3302; 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 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, $484,262,000,
together with not to exceed $79,026,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund, of which $5,000,000 may be used to fund the mass layoff
statistics program under section 15 of the Wagner-Peyser Act (29 U.S.C.
49l-2): Provided, That the Current Employment Survey shall maintain the
content of the survey issued prior to June 2005 with respect to the
collection of data for the women worker series.
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, $27,655,000.
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, $293,083,000, of which
$1,893,000, to remain available until September 30, 2008, is for
Frances Perkins Building Security Enhancements, and $27,651,000 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.
office of job corps
To carry out subtitle C of title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2881 et. seq.), including Federal administrative
expenses, the purchase and hire of passenger motor vehicles, the
construction, alteration and repairs of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Workforce Investment Act; $1,629,788,000, plus reimbursements, of
which $900,210,000 is available for obligation for the period July 1,
2007 through June 30, 2008; and of which $10,000,000 is available for
the period July 1, 2007 through June 30, 2008 for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps centers; and
of which $591,000,000 is available for obligation for the period
October 1, 2007 through June 30, 2008; and of which $100,000,000 is
available for the period October 1, 2007 through June 30, 2010 for
necessary expenses of construction, rehabilitation, and acquisition of
Job Corps centers; and of which $28,578,000 is available for obligation
for the period October 1, 2006 through September 30, 2007 for necessary
expenses of the Office of Job Corps: Provided, That the Office of Job
Corps shall have contracting authority: Provided further, That no funds
from any other appropriation shall be used to provide meal services at
or for Job Corps centers.
veterans employment and training
Not to exceed $195,604,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327,
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, as
amended, $70,073,000, together with not to exceed $5,688,000, which may
be expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
General 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 I.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between a
program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That a program, project, or activity may be
increased by up to an additional 2 percent subject to approval by the
House and Senate Committees on Appropriations: Provided further, That
the transfer authority granted by this section shall be available only
to meet emergency needs and shall not be used to create any new program
or to fund any project or activity for which no funds are provided in
this Act: Provided further, That the Appropriations Committees of both
Houses of Congress 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. There is authorized to be appropriated such sums as may
be necessary to the Denali Commission through the Department of Labor
to conduct job training of the local workforce where Denali Commission
projects will be constructed.
Sec. 105. The Department of Labor shall submit its fiscal year 2008
congressional budget justifications to the Committees on Appropriations
of the House of Representatives and the Senate in the format and level
of detail used by the Department of Education in its fiscal year 2007
congressional budget justifications.
Sec. 106. The Secretary shall prepare and submit not later than
July 1, 2007 to the Committees on Appropriations of the Senate and of
the House 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. 107. After September 30, 2006, the Secretary of Labor shall
issue a monthly transit subsidy of not less than the amount each of its
employees of the National Capital Region is eligible to receive, not to
exceed a maximum of $105.
Sec. 108. None of the funds appropriated under the heading
``Employment and Training Administration'' shall be used by a recipient
or subrecipient of such funds to pay the salary and bonuses of an
individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II, except as provided for under section 101
of this Act. This limitation shall not apply to vendors providing goods
and services as defined in OMB Circular A-133. Where States are
recipients of such funds, States may establish a lower limit for
salaries and bonuses of those receiving salaries and bonuses from
subrecipients of such funds, taking into account factors including the
relative cost-of-living in the State, the compensation levels for
comparable State or local government employees, and the size of the
organizations that administer Federal programs involved including
Employment and Training Administration programs.
This title may be cited as the ``Department of Labor Appropriations
Act, 2007''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Sservices 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, 711, and 1820 of the Social Security Act, the Health Care
Quality Improvement Act of 1986, as amended, the Native Hawaiian Health
Care Act of 1988, as amended, 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, $6,967,859,000, of which $260,028,000 shall be
available for construction and renovation (including equipment) of
health care and other facilities and other health-related activities as
specified in the committee report accompanying this Act, and of which
$38,538,000 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 the Act sufficient to
recover the full costs of operating the National Practitioner Data
Bank, and shall remain available until expended to carry out that 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
Act: 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 42 U.S.C.
233(o) 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 $844,546,000 shall
be for State AIDS Drug Assistance Programs authorized by section 2616
of the PHS Act: Provided further, That in addition to grants provided
under this heading pursuant to subpart I of part B of title XXVI of the
PHS Act, and notwithstanding sections 2616 through 2620 of the PHS Act,
$15,000,000 shall be for awards to States for HIV/AIDS care and
treatment services: 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 Public Health Service 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 $116,051,892 is available for carrying out special projects of
regional and national significance pursuant to section 501(a)(2) of
such Act: Provided further, That of the funds provided, $39,283,000
shall be provided to the Denali Commission as a direct lump payment
pursuant to Public Law 106-113: Provided further, That of the funds
provided, $35,000,000 shall be provided for the Delta Health Initiative
as authorized in section 223 of this Act and associated administrative
expenses: Provided further, That notwithstanding section 747(e)(2) of
the PHS Act, not less than $5,000,000 shall be for pediatric dentistry
programs and not less than $31,000,000 shall be for family medicine
programs: Provided further, That where prior year funds were disbursed
under this appropriation account as Health Care and Other Facilities
grants (and were used for the purchase, construction, or major
alteration of property; or the purchase of equipment), the Federal
interest in such property or equipment shall last for a period of 5
years following the completion of the project and terminate at that
time: Provided further, That if the property use changes (or the
property is transferred or sold) and the Government is compensated for
its proportionate interest in the property, the Federal interest in
such property shall be terminated: Provided further, That for projects
where 5 years has already elapsed since completion, the Federal
interest shall be terminated immediately.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act,
as amended. For administrative expenses to carry out the guaranteed
loan program, including section 709 of the Public Health Service Act,
$2,887,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program 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, $6,095,900,000, of which $100,000,000 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; and of which
$121,326,000 for international HIV/AIDS shall remain available until
September 30, 2008. In addition, such sums as may be derived from
authorized user fees, which shall be credited to this account:
Provided, 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 Public Law 101-502, section 3, dated November 3, 1990, to
activities the Director may so designate: Provided further, That the
Congress is 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
notwithstanding any other provision of law, a single contract or
related contracts for development and construction of facilities may be
employed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18: 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, $4,799,063,000, 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, $2,924,299,000.
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, $389,669,000.
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,
$1,707,753,000.
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,
$1,537,703,000.
national institute of allergy and infectious diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,495,496,000: Provided, That $100,000,000 may be made available to
International Assistance Programs ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until expended:
Provided further, That up to $25,000,000 shall be for extramural
facilities construction grants to enhance the Nation's capability to do
research on biological and other agents.
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, $1,934,888,000.
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,
$1,264,500,000.
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,
$666,898,000.
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,
$641,292,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,048,912,000.
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, $508,583,000.
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,
$395,188,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $137,848,000.
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, $436,630,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,000,342,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,403,551,000.
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, $486,315,000.
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, $297,606,000.
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, $1,104,346,000: 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,
$121,982,000.
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, $196,771,000.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $66,832,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$315,294,000, 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, $687,825,000, of which up to
$14,000,000 shall be used to carry out section 217 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 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, a uniform percentage of the 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 of the funds provided $10,000 shall be for
official reception and representation expenses when specifically
approved by the Director of NIH: Provided further, That the Office of
AIDS Research within the Office of the Director, NIH 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: Provided, That notwithstanding any
other provision of law, single contracts or related contracts, which
collectively include the full scope of the project, may be employed for
the development and construction of the second phase of the John Edward
Porter Neuroscience Research Center: Provided further, That the
solicitations and contracts shall contain the clause ``availability of
funds'' found at 48 CFR 52.232-18.
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, $3,211,183,000, of which $9,635,000 shall be available for
projects and in the amounts specified in the committee report
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:
Provided further, That not more than $50,000,000 of these funds shall
be for the development of scientific evidence that supports the
implementation and evaluation of health care information technology
systems.
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 section
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, and
benefit payments under 1860D-16 of the Social Security 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 $3,149,250,000, 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 31 U.S.C. 9701 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 $5,848,000 shall be available for noncompetitive grants,
with terms and conditions and in the amounts specified in the committee
report of the Senate 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 shall charge a fee for
conducting revisit surveys performed 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 that Act pursuant to
section 1876(k)(4)(D) of that Act: Provided further, That to the extent
Medicare claims volume is projected by the Centers for Medicare and
Medicaid Services to exceed 200,000,000 part A claims and/or
1,022,100,000 part B claims, an additional $32,500,000 shall be
available for obligation for every 50,000,000 increase in Medicare
claims volume (including a pro rata amount for any increment less than
50,000,000) from the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds.
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,
$2,752,697,000, to remain available until expended, of which up to
$1,300,000 is for repatriation of U.S. citizens returned from foreign
countries pursuant to section 1113 of the Act; 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 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, 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 Act, $1,980,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $181,170,000, to remain available until
September 30, 2007: Provided, That these funds are for the
unanticipated home energy assistance needs of one or more States, as
authorized by section 2604(e) of such Act, and 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 section 414 of the
Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980 (Public Law 96-422), for carrying out
section 462 of the Homeland Security Act of 2002 (Public Law 107-296),
and for carrying out the Torture Victims Relief Act of 2003 (Public Law
108-179), $599,935,000, of which up to $9,816,000 shall be available to
carry out the Trafficking Victims Protection Reauthorization Act of
2005: 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, $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, $1,700,000,000.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, as amended, the Native American Programs Act of 1974,
title II of Public Law 95-266 (adoption opportunities), the Adoption
and Safe Families Act of 1997 (Public Law 105-89), sections 1201 and
1211 of the Children's Health Act of 2000, the Abandoned Infants
Assistance Act of 1988, sections 261 and 291 of the Help America Vote
Act of 2002, 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, sections 439(h) and 477(i) of the Social
Security Act, and title IV of Public Law 105-285, and for necessary
administrative expenses to carry out said Acts and titles I, IV, V, X,
XI, XIV, XVI, and XX of the Social Security Act, the Omnibus Budget
Reconciliation Act of 1981, title IV of the Immigration and Nationality
Act, section 501 of the Refugee Education Assistance Act of 1980, and
titles IV and V of Public Law 100-485, $8,856,185,000, of which
$29,654,000, 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 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
$694,648,000 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 to the extent
Community Services Block Grant funds are distributed as grant funds by
a State to an eligible entity as provided under the Act, and have not
been expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That the Secretary
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, as amended, 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, as amended, 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 $11,000,000 shall be for payments to States to promote access for
voters with disabilities, and of which $4,720,000 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) 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, $75,000,000.
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 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,
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, as amended, and section 398 of the Public Health
Service Act, $1,380,516,000, of which $5,500,000 shall be available for
activities regarding medication management, screening, and education to
prevent incorrect medication and adverse drug reactions.
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, $375,724,000, together
with $5,851,000 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 title V of the Social Security Act,
as amended, without application of the limitation of section 2010(c) of
said title XX: Provided further, That of this amount, $51,891,000 shall
be for minority AIDS prevention and treatment activities; and
$6,016,000 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: Provided further, That
specific information requests from the chairmen and ranking members of
the Subcommittees on Labor, Health and Human Services, and Education,
and Related Agencies, on scientific research or any other matter, shall
be transmitted to the Committees on Appropriations in a prompt
professional manner and within the time frame specified in the request:
Provided further, That scientific information requested by the
Committees on Appropriations and prepared by government researchers and
scientists shall be transmitted to the Committees on Appropriations,
uncensored and without delay.
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,
$51,313,000: 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 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, as
amended, $43,760,000: 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 18 U.S.C. 228.
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,
$166,907,000.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United
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 I.
Sec. 205. None of the funds appropriated in this title for Head
Start shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
Sec. 206. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in the Department of
Health and Human Services, prior to the Secretary's preparation and
submission of a report to the Committee on Appropriations of the Senate
and of the House detailing the planned uses of such funds.
Sec. 207. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but not
more than 2.4 percent, of any amounts appropriated for programs
authorized under said Act shall be made available for the evaluation
(directly, or by grants or contracts) of the implementation and
effectiveness of such programs.
(transfer of funds)
Sec. 208. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year
for the Department of Health and Human Services in this Act may be
transferred between a program, project, or activity, but no such
program, project, or activity shall be increased by more than 3 percent
by any such transfer: Provided, That a program, project, or activity
may be increased by up to an additional 2 percent subject to approval
by the House and Senate Committees on Appropriations: Provided further,
That the transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create any new
program or to fund any project or activity for which no funds are
provided in this Act: Provided further, That the Appropriations
Committees of both Houses of Congress 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 Congress is
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 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 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, the
Secretary of Health and Human Services (HHS)--
(1) may exercise authority equivalent to that available to
the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The
Secretary of 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, and
(2) 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. The Division of Federal Occupational Health hereafter may
utilize personal services contracting to employ professional
management/administrative and occupational health professionals.
Sec. 217. (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 Common Fund 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. 218. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention and the Agency for Toxic Substances and Disease Registry 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. 219. Notwithstanding any other provisions of law, funds made
available in this Act may be used to continue operating the Council on
Graduate Medical Education established by section 301 of Public Law
102-408.
Sec. 220. (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. 221. 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 shall be available for travel by the Secretary
of Health and Human Services, the Director of the Centers for Disease
Control and Prevention, and employees of the Department of Health and
Human Services accompanying the Secretary or the Director during such
travel: Provided, That travel on such aircraft shall be restricted for
emergency use only.
Sec. 222. Funds appropriated by this Act to the Institutes and
Centers of the National Institutes of Health may be expended for
improvements and repairs of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, not to exceed
$2,500,000 per project.
Sec. 223. (a) The Secretary of Health and Human Services is
authorized to award a grant to the Delta Health Alliance, a nonprofit
alliance of academic institutions in the Mississippi Delta region that
has as its primary purposes addressing longstanding, unmet health needs
and catalyzing economic development in the Mississippi Delta.
(b) To be eligible to receive a grant under subsection (a), the
Delta Health Alliance shall solicit and fund proposals from local
governments, hospitals, health care clinics, academic institutions, and
rural public health-related entities and organizations for research
development, educational programs, health care services, job training,
and planning, construction, and equipment of public health-related
facilities in the Mississippi Delta region.
(c) With respect to the use of grant funds under this section for
construction or major alteration of property, the Federal interest in
the property involved shall last for a period of 1 year following the
completion of the project or until such time that the Federal
Government is compensated for its proportionate interest in the
property if the property use changes or the property is transferred or
sold, whichever time period is less. At the conclusion of such period,
the Notice of Federal Interest in such property shall be removed.
(d) There are authorized to be appropriated such sums as may be
necessary to carry out this section in fiscal year 2007 and in each of
the five succeeding fiscal years.
Sec. 224. (a) For grant years beginning in 2006-2007, the Secretary
of Health and Human Services may waive the requirements of, with
respect to Louisiana, Mississippi, Alabama, and Texas and any eligible
metropolitan area in Louisiana, Mississippi, Alabama, and Texas, the
following sections of the Public Health Service Act:
(1) Section 2611(b)(1) of such Act (42 U.S.C. 300ff-
21(b)(1)).
(2) Section 2617(b)(6)(E) of such Act (42 U.S.C. 300ff-
27(b)(6)(E)).
(3) Section 2617(d) of such Act (42 U.S.C. 300ff-27(d)),
except that such waiver shall apply so that the matching
requirement is reduced to $1 for each $4 of Federal funds
provided under the grant involved.
(b) If the Secretary of Health and Human Services grants a waiver
under subsection (b), the Secretary--
(1) may not prevent Louisiana, Mississippi, Alabama, and
Texas or any eligible metropolitan area in Louisiana,
Mississippi, Alabama, and Texas from receiving or utilizing, or
both, funds granted or distributed, or both, pursuant to title
XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et
seq.) because of the failure of Louisiana, Mississippi,
Alabama, and Texas or any eligible metropolitan area in
Louisiana, Mississippi, Alabama, and Texas to comply with the
requirements of the sections listed in paragraphs (1) through
(3) of subsection (a);
(2) may not take action due to such noncompliance; and
(3) shall assess, evaluate, and review Louisiana,
Mississippi, Alabama, and Texas or any eligible metropolitan
area's eligibility for funds under such title XXVI as if
Louisiana, Mississippi, Alabama, and Texas or such eligible
metropolitan area had fully complied with the requirements of
the sections listed in paragraphs (1) through (3) of subsection
(a).
(c) For grant years beginning in 2008, Louisiana, Mississippi,
Alabama, and Texas and any eligible metropolitan area in Louisiana,
Mississippi, Alabama, and Texas shall comply with each of the
applicable requirements under title XXVI of the Public Health Service
Act (42 U.S.C. 300ff-11 et seq.).
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2007''.
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, $14,447,189,000, of which $6,897,673,000 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: 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:
Provided further, That $2,269,843,000 shall be for targeted grants
under section 1125: Provided further, That $2,269,843,000 shall be for
education finance incentive grants under section 1125A: Provided
further, That $9,330,000 shall be to carry out sections 1501 and 1503.
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), $49,466,000 shall be for payments for children with
disabilities under section 8003(d), $17,820,000 shall be for
construction under section 8007(b), $64,350,000 shall be for Federal
property payments under section 8002, and $4,950,000, to remain
available until expended, shall be for facilities maintenance under
section 8008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 8003(a)
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)), 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, subparts 6 and 9 of part D of title V, parts A
and B of title VI, and parts B and C of title VII of the Elementary and
Secondary 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, $5,029,943,000, of which $3,399,207,000
shall become available on July 1, 2007, and remain available through
September 30, 2008, and of which $1,435,000,000 shall become available
on October 1, 2007, and shall remain available through September 30,
2008, for academic year 2007-2008: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation and modernization of any elementary school,
secondary school, or structure related to an elementary school or
secondary school, run by the Department of Education of the State of
Hawaii, that serves a predominantly Native Hawaiian student body:
Provided further, That from the funds referred to in the preceding
proviso, not less than $1,250,000 shall be for a grant to the
Department of Education of the State of Hawaii for the activities
described in such proviso, and $1,250,000 shall be for a grant to the
University of Hawaii School of Law for a Center of Excellence in Native
Hawaiian law: Provided further, That funds made available to carry out
part C of title VII of the ESEA may be used for construction: Provided
further, That up to 100 percent of the funds available to a State
educational agency under part D of title II of the ESEA may be used for
subgrants described in section 2412(a)(2)(B) of such act: Provided
further, That $407,563,000 shall be for State assessments and related
activities authorized under sections 6111 and 6112 of the 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 $31,177,000 shall be available to carry out part
D of title V of the ESEA: Provided further, That no funds appropriated
under this heading may be used to carry out section 5494 under the
ESEA: Provided further, That $18,824,000 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 parts C and D of title II, parts B, C, and D of
title V, and section 1504 of the Elementary and Secondary Education Act
of 1965 (``ESEA''), $989,942,000, 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 the 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 $337,879,000 shall be available
to carry out part D of title V of the ESEA: Provided further, That
$73,189,000 of the funds for subpart 1, part D of title V of the ESEA
shall be available for the projects and in the amounts specified in the
committee report of the Senate accompanying this Act: Provided further,
That, $99,000,000 of the funds for subpart 1 shall be for competitive
grants to local educational agencies, including charter schools that
are local educational agencies, or States, or partnerships of (1) a
local educational agency, a State, or both and (2) at least one non-
profit organization to develop and 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 five
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.
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''), $653,204,000, of which $310,000,000 shall become available
on July 1, 2007 and remain available through September 30, 2008:
Provided, That of the amount available for subpart 2 of part A of title
IV of the ESEA, $850,000 shall be used to continue the National
Recognition Awards program under the same guidelines outlined by
section 120(f) of Public Law 105-244: Provided further, That
$310,000,000 shall be available for subpart 1 of part A of title IV and
$182,521,000 shall be available for subpart 2 of part A of title IV, of
which $4,000,000, 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 $131,572,000 shall be available to carry
out part D of title V of the ESEA: Provided further, That of the funds
available to carry out subpart 3 of part C of title II, up to
$12,072,000 may be used to carry out section 2345 and $3,018,000 shall
be used by the Center for Civic Education to implement a comprehensive
program to improve public knowledge, understanding, and support of the
Congress and the State legislatures.
English Language Acquisition
For carrying out part A of title III of the ESEA, $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).
Special Education
For carrying out the Individuals with Disabilities Education Act
and the Special Olympics Sport and Empowerment Act of 2004,
$11,610,367,000, of which $5,975,912,000 shall become available on July
1, 2007, and shall remain available through September 30, 2008, and of
which $5,424,200,000 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
$1,485,000 shall be for the recipient of funds provided by Public Law
105-78 under section 687(b)(2)(G) of the Act (as in effect prior to the
enactment of the Individuals with Disabilities Education Improvement
Act of 2004) to provide information on diagnosis, intervention, and
teaching strategies for children with disabilities: Provided further,
That the amount for section 611(b)(2) of the 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 the Act.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the
AT Act''), and the Helen Keller National Center Act, $3,248,312,000:
Provided, That $30,452,000 shall be used for carrying out the AT Act,
including $24,425,000 for State grants for assistive technology
authorized under section 4 of the AT Act, $4,975,000 for State grants
for protection and advocacy under section 5 of the AT Act and
$1,052,000 for national activities under section 6 of the AT Act:
Provided further, That $5,800,000 of the funds for section 303 of the
Rehabilitation Act of 1973 shall be available for the projects and in
the amounts specified in the committee report of the Senate
accompanying this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101 et seq.), $20,000,000.
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.), $57,500,000: Provided, That from the total amount available, the
Institute may at its discretion use funds for the endowment program as
authorized under section 207.
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 to the University, the University may at its
discretion use funds for the endowment program as authorized under
section 207.
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, and title VIII-D of the Higher
Education Amendments of 1998, $1,899,858,000, of which $1,108,858,000
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 Immigration and Naturalization Service 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
Immigration and Naturalization Service data for immigrants admitted for
legal permanent residence are available, except that no State shall be
allocated an amount less than $60,000: 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 and $6,572,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $24,000,000 shall be for
Youth Offender Grants.
Student Financial Assistance
For carrying out subparts 1, 3, and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, as amended,
$14,488,458,000, 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 $4,050.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV
of the Higher Education Act of 1965, as amended, $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''),
as amended, 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,
$2,003,192,000: Provided, That $9,699,000, to remain available through
September 30, 2008, shall be available to fund fellowships for academic
year 2008-2009 under part A, subpart 1 of title VII of the HEA, under
the terms and conditions of part A, 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 the funds provided for
title II of the HEA shall be allocated notwithstanding section 210 of
such Act: Provided further, That $58,540,000 of the funds for part B of
title VII of the Higher Education Act of 1965 shall be available for
the projects and in the amounts specified in the committee report of
the Senate accompanying this Act.
Howard University
For partial support of Howard University (20 U.S.C. 121 et seq.),
$237,392,000, of which not less than $3,600,000 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 title III, part D 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 title III, part D of the Higher Education Act of 1965, as amended,
$190,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, as amended, 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, $535,916,000, of which $282,292,000 shall
be 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, DC.
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.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special 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, as amended) which are appropriated for the Department of
Education in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of any
transfer.
Sec. 305. Eligibility for Impact Aid Payment. (a) Local Educational
Agencies.--Notwithstanding section 8013(9)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)(B)), North Chicago
Community Unit School District 187, North Shore District 112, and
Township High School District 113 in Lake County, Illinois, and
Glenview Public School District 34 and Glenbrook High School District
225 in Cook County, Illinois, shall be considered local educational
agencies as such term is used in and for purposes of title VIII of such
Act.
(b) Computation.--Notwithstanding any other provision of law,
federally connected children (as determined under section 8003(a) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)))
who are in attendance in the North Shore District 112, Township High
School District 113, Glenview Public School District 34, and Glenbrook
High School District 225 described in subsection (a), shall be
considered to be in attendance in the North Chicago Community Unit
School District 187 described in subsection (a) for purposes of
computing the amount that the North Chicago Community Unit School
District 187 is eligible to receive under subsection (b) or (d) of such
section if--
(1) such school districts have entered into an agreement
for such students to be so considered and for the equitable
apportionment among all such school districts of any amount
received by the North Chicago Community Unit School District
187 under such section; and
(2) any amount apportioned among all such school districts
pursuant to paragraph (1) is used by such school districts only
for the direct provision of educational services.
This title may be cited as the ``Department of Education
Appropriations Act, 2007''.
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, as amended; $313,058,000: 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.); $488,214,000, to
remain available until September 30, 2008: Provided, That not more than
$258,959,000 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), section 131(e), section 132, and sections
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, for fiscal year 2007
and thereafter, in addition to amounts otherwise provided to the
National Service Trust under the second proviso, at no later than the
end of the fifth fiscal year after the fiscal year for which funds are
appropriated or otherwise made available, unobligated balances of
appropriations available for grants under the National Service Trust
Program under subtitle C of title I of the Act (42 U.S.C. 12571 et
seq.) during such fiscal year may be transferred to the National
Service Trust after notice is transmitted to Congress, if such funds
are initially obligated before the expiration of their period of
availability as provided in this Act: 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 129(d)(2)
of such Act (42 U.S.C. 12581(d)(2)): Provided further, That not more
than $12,324,000 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 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 $3,960,000 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 5 U.S.C. 3109, and not to exceed $2,500 for official
reception and representation expenses; $70,315,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended; $4,950,000,
to remain available until September 30, 2007.
administrative provisions
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.
Notwithstanding any other provision of law, funds made available
under section 129(d)(5)(B) of the National and Community Service Act to
assist entities in placing applicants who are individuals with
disabilities may be provided to any entity that receives a grant under
section 121 of the Act.
The Inspector General of the Corporation for National and Community
Service shall conduct random audits of the grantees that administer
activities under the AmeriCorps programs and shall levy sanctions in
accordance with standard Inspector General audit resolution procedures
which include, but are not limited to, debarment of any grantee (or
successor in interest or any entity with 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.
For fiscal year 2007, the Corporation 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.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2009; $400,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used to aid or
support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further, That for
fiscal year 2007, in addition to the amounts provided above;
$29,700,000 shall be for costs related to digital program production,
development, and distribution, associated with the transition of public
broadcasting to digital broadcasting, to be awarded as determined by
the Corporation in consultation with public radio and television
licensees or permittees, or their designated representatives: Provided
further, That for fiscal year 2007, in addition to the amounts provided
above; $36,000,000 shall be for the costs associated with replacement
and upgrade of the public television interconnection system: Provided
further, That none of the funds made available to the Corporation for
Public Broadcasting by this Act, Public Law 108-199 or Public Law 108-
7, shall be used to support the Television Future Fund or any similar
purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor 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, Public Law 95-454 (5 U.S.C. chapter 71);
$42,842,000, including $400,000, to remain available through September
30, 2008, for activities authorized by the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for 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 of 1996, and
the National Museum of African American History and Culture Act;
$260,075,000, to remain available until September 30, 2008: Provided,
That of the amount provided, $100,000 shall be awarded to Academy of
Natural Sciences, Philadelphia, Pennsylvania to promote natural science
research; $100,000 shall be awarded to African American Cultural
Center, Pittsburgh, Pennsylvania for exhibit design and development;
$250,000 shall be awarded to Alaska Native Heritage Center, Anchorage,
Alaska in conjunction with Koahnic Broadcasting Corporation for an
Elders Oral History Project; $300,000 shall be awarded to Autry
National Center of the American West, Los Angeles, California for the
Native American Learning Lab; $150,000 shall be awarded to Bangor
Public Library Association, Bangor, Pennsylvania for educational
programming and outreach; $150,000 shall be awarded to Bishop Museum in
Honolulu, Hawaii to enhance library services; $200,000 shall be awarded
to Boston Children's Museum, Boston, Massachusetts for the development
of exhibitions; $200,000 shall be awarded to Carnegie Museum of Natural
History, Pittsburgh, Pennsylvania to upgrade environmental conditions
of collection and exhibit development; $400,000 shall be awarded to
Cedar Rapids Symphony Orchestra, Cedar Rapids, Iowa to support the
Residency program; $100,000 shall be awarded to Children's Museum of
Richmond, Richmond, Virginia for exhibit design and development;
$250,000 shall be awarded to City of Dallas, Texas to the expand
outreach and programming efforts of the Women's Museum; $100,000 shall
be awarded to City of Portsmouth Department of Museums, Portsmouth,
Virginia for exhibit and program upgrades; $150,000 shall be awarded to
County of Amador, California for the Library Literacy Project; $500,000
shall be awarded to Currier Museum of Art, Manchester, New Hampshire,
for expansion of cultural and educational facilities; $250,000 shall be
awarded to Delaware Art Museum, Wilmington, Delaware for outreach to
schools; $350,000 shall be awarded to Des Moines Art Center, Iowa for
exhibits; $400,000 shall be awarded to Figge Foundation, Davenport,
Iowa, exhibits, education programs, community outreach, and/or
operations; $100,000 shall be awarded to Fredericksburg Area Museum and
Cultural Center, Fredericksburg, Virginia to support exhibit design and
expansion; $100,000 shall be awarded to Free Library of Philadelphia,
Philadelphia, Pennsylvania for technology upgrades and care and
preservation of collection; $100,000 shall be awarded to High Desert
Museum, Bend, Oregon for exhibit design and development; $150,000 shall
be awarded to Holbrook Public Library, Holbrook, Massachusetts for the
development of exhibits; $250,000 shall be awarded to Iowa Radio
Reading Information Service (IRRIS), to expand services; $200,000 shall
be awarded to Knoxville Zoo, Knoxville, Tennessee for technology
upgrades and educational outreach; $250,000 shall be awarded to
Lakeview Museum, Peoria, Illinois, for exhibits, equipment and
technology for the museum outreach program; $100,000 shall be awarded
to Mercer University, Macon, Georgia for technology upgrades and care
and preservation of their collection; $250,000 shall be awarded to
Municipality of Penn Hills, Penn Hills, Pennsylvania for the Penn Hills
Public Library for care and preservation of their collection; $250,000
shall be awarded to Museum of Afro-American History, Boston,
Massachusetts for the development of youth educational programs;
$500,000 shall be awarded to Museum of Utah Art & History, Salt Lake
City, Utah for exhibit development and technology upgrades; $500,000
shall be awarded to New York Botanical Garden, Bronx, New York for the
Virtual Herbarium; $600,000 shall be awarded to Orem City Public
Library, Orem, Utah for technology upgrades and care of their
collection; $400,000 shall be awarded to Putnam Museum of History and
Natural Science, Davenport, Iowa for exhibits and community outreach;
$175,000 shall be awarded to Rhode Island Historical Society,
Providence, for cataloguing and on-line public access project; $100,000
shall be awarded to Saint Vincent College, Latrobe, Pennsylvania to
preserve materials at the Fred Rogers Center; $50,000 shall be awarded
to Salem Public Library, Hamlin, Pennsylvania for technology upgrades
and equipment; $300,000 shall be awarded to Skirball Cultural Center,
Los Angeles, California to develop educational outreach programs;
$250,000 shall be awarded to State of Vermont Department of Libraries,
Montpelier, Vermont to support a mobile library literacy program in
Vermont; $250,000 shall be awarded to Texas Historical Commission,
Austin, Texas for educational programming, outreach, and exhibit
development; $250,000 shall be awarded to University of Alaska
Fairbanks for the continuation of the Alaska Digital Archives project;
$500,000 shall be awarded to University of Vermont of Burlington,
Vermont to undertake a digitization project for the preservation of
Vermont cultural heritage materials; $100,000 shall be awarded to
Virginia Aquarium & Marine Science Center Foundation, Inc., Virginia
Beach, Virginia to expand educational programs; $100,000 shall be
awarded to Virginia Holocaust Museum, Richmond, Virginia for exhibit
development, technology upgrades, educational outreach, and care of
collection; $100,000 shall be awarded to Virginia Living Museum,
Newport News, Virginia to expand educational programs; $200,000 shall
be awarded to Western Folklife Center, Elko, Nevada to develop exhibits
and conduct outreach to education programs.
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, as amended;
$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, as amended (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, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees 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, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President; $12,500,000.
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); $10,346,000.
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 the amount
available for payment of vested dual benefits: 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, as amended, 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: Provided further, That funds made available
under the heading in this Act, or subsequent Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Acts, may be used for any audit, investigation, or
review of the Medicare Program.
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;
$29,023,000,000, 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 $8,975,000,000 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 section 1616(d) or 212(b)(3) 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, as
amended; $25,740,000, together with not to exceed $65,736,000, 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 and Senate.
TITLE V
GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
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 by section 202 of the Controlled Substances Act
(21 U.S.C. 812) except for normal and recognized executive-legislative
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 Appropriations Committees of both Houses of Congress 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 Appropriations Committees of both Houses of Congress 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.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2007''.
Calendar No. 526
109th CONGRESS
2d Session
S. 3708
[Report No. 109-287]
_______________________________________________________________________
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.
_______________________________________________________________________
July 20, 2006
Read twice and placed on the calendar