IB 

Union Calendar No. 289 

109TH CONGRESS 

2D SESSION H. R. 5647 

[Report No. 109–515] 

Making appropriations for the Departments of Labor, Health and Human 

Services, and Education, and related agencies for the fiscal year ending 

September 30, 2007, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 20, 2006 

Mr. REGULA, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2007, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 


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1 Education, and related agencies for the fiscal year ending 

2 September 30, 2007, and for other purposes, namely: 

3 TITLE I—DEPARTMENT OF LABOR 

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 TRAINING AND EMPLOYMENT SERVICES

6 (INCLUDING RESCISSIONS) 

7 For necessary expenses of the Workforce Investment 

8 Act of 1998 (the Act), and the Women in Apprenticeship 

9 and Nontraditional Occupations Act of 1992, including 

10 the purchase and hire of passenger motor vehicles, the 

11 construction, alteration, and repair of buildings and other 

12 facilities, and the purchase of real property for training 

13 centers as authorized by the Act, $4,966,899,000, plus re14 imbursements, is available. Of the amounts provided: 

15 (1) For grants to States for adult employment 

16 and training activities, youth activities, and dis17 located worker employment and training activities, 

18 $2,982,764,000 as follows: 

19 (A) $854,000,000 for adult employment 

20 and training activities, of which $142,000,000 

21 is available for the period July 1, 2007 to June 

22 30, 2008 and of which $712,000,000 is avail23 able for the period October 1, 2007 through 

24 June 30, 2008. 


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1 (B) $935,500,000 for youth activities, 

2 which is available for the period April 1, 2007 

3 through June 30, 2008: Provided, That up to 

4 $50,000,000 may be made available for the 

5 Youthbuild Program, if authorized for transfer 

6 to the Department of Labor prior to April 1, 

7 2007. 

8 (C) $1,193,264,000 for dislocated worker 

9 employment and training activities, of which 

10 $345,264,000 is available for the period July 1, 

11 2007 through June 30, 2008, and of which 

12 $848,000,000 is available for the period Octo13 ber 1, 2007 through June 30, 2008: 

14 Provided, That notwithstanding the transfer limita15 tion under section 133(b)(4) of the Act, up to 30 

16 percent of such funds may be transferred by a local 

17 board if approved by the Governor: Provided further, 

18 That notwithstanding sections 128(c) and 133(c) of 

19 the Act, for program year 2006 the Governor may 

20 reallocate from local workforce investment areas, for 

21 the youth, adult, and dislocated worker formula fund 

22 programs under title I of the Act, the amounts by 

23 which the unexpended balance in a local workforce 

24 investment area for any such program at the end of 

25 program year 2005 exceeds 30 percent of the total 


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1 amount available for such program in such work2 force investment area for such year (including the 

3 local funds appropriated for previous program years 

4 that were available during program year 2005), to 

5 those local workforce investment areas that did not 

6 have such unexpended balances for such program at 

7 the end of such year, and such reallocations shall be 

8 made using the formula applicable to such program 

9 for program year 2006 except that such formula 

10 shall only be applied to those local workforce invest11 ment areas receiving reallocations for such program 

12 under this proviso. 

13 (2) For federally administered programs, 

14 $1,935,853,000 as follows: 

15 (A) $282,800,000 for the dislocated work16 ers assistance national reserve, of which 

17 $70,800,000 is available for the period July 1, 

18 2007 through June 30, 2008, and of which 

19 $212,000,000 is available for the period Octo20 ber 1, 2007 through June 30, 2008: Provided, 

21 That up to $125,000,000 may be made avail22 able to the Community College Initiative and up 

23 to $900,000 may be made available to imple24 ment Public Law 102–530. 


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1 (B) $50,000,000 for Native American pro2 grams, which is available for the period July 1, 

3 2007 through June 30, 2008. 

4 (C) $1,465,000,000 for Job Corps oper5 ations, of which $874,000,000 is available for 

6 the period July 1, 2007 through June 30, 

7 2008, and of which $591,000,000 is available 

8 for the period October 1, 2007 through June 

9 30, 2008. 

10 (D) $58,000,000 for construction, rehabili11 tation, and acquisition of Job Corps centers, of 

12 which $50,000,000 is available for the period 

13 October 1, 2007 through June 30, 2010 and 

14 $8,000,000 is available from July 1, 2007 

15 through June 30, 2010. 

16 (E) $80,053,000 for migrant and seasonal 

17 farmworkers, including $75,053,000 for for18 mula grants, and $5,000,000 for migrant and 

19 seasonal housing (of which not less than 70 

20 percent shall be for permanent housing). 

21 (3) For national activities, $48,282,000 as fol22 lows: 

23 (A) $43,361,000 for Pilots, Demonstra24 tions, and Research, of which $17,700,000 is 

25 available for the period July 1, 2007 through 


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1 June 30, 2008; and of which $25,661,000 shall 

2 be available for noncompetitive grants, with 

3 terms and conditions and the amounts specified 

4 in the committee report of the House of Rep5 resentatives accompanying this Act. 

6 (B) $4,921,000 for Evaluation, which is 

7 available for the period July 1, 2007 through 

8 June 30, 2008: 

9 Provided further, That no funds from any other appropria10 tion shall be used to provide meal services at or for Job 

11 Corps centers. 

12 Of the unexpended balances, including recaptures 

13 and carryover, remaining from funds appropriated to the 

14 Department of Labor under this heading for fiscal years 

15 2006 and prior years, $325,000,000 is rescinded to be ef16 fected no later than September 30, 2007: Provided, That 

17 if insufficient funds exist under this heading, the remain18 ing balance shall be from current or prior year funds 

19 under any heading under this title: Provided further, That 

20 the department shall notify the Committees on Appropria21 tions of the House of Representatives and the Senate 30 

22 days in advance of the rescission of any funds derived 

23 from headings other than this heading: Provided further, 

24 That any balances that are governed by reallocation provi25 sions under the statute authorizing the program from 


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1 which funds were originally appropriated shall be available 

2 for rescission. 

3 Funds provided to carry out section 132(a)(2)(A) of 

4 the Act may be used to provide assistance to a State for 

5 State-wide or local use in order to address cases where 

6 there have been worker dislocations across multiple sectors 

7 or across multiple local areas and such workers remain 

8 dislocated; coordinate the State workforce development 

9 plan with emerging economic development needs; and 

10 train such eligible dislocated workers. 

11 The Secretary of Labor shall take no action to 

12 amend, through regulatory or administration action, the 

13 definition established in 20 CFR 667.220 for functions 

14 and activities under title I of the Act, or to modify, 

15 through regulatory or administrative action, the procedure 

16 for redesignation of local areas as specified in subtitle B 

17 of title I of the Act (including applying the standards spec18 ified in section 116(a)(3)(B) of the Act, but notwith19 standing the time limits specified in section 116(a)(3)(B) 

20 of the Act), until April 1, 2007 or until such time as legis21 lation reauthorizing the Act is enacted whichever comes 

22 first. Nothing in the preceding sentence shall permit or 

23 require the Secretary of Labor to withdraw approval for 

24 such redesignation from a State that received the approval 

25 not later than October 12, 2005, or to revise action taken 


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1 or modify the redesignation procedure being used by the 

2 Secretary in order to complete such redesignation for a 

3 State that initiated the process of such redesignation by 

4 submitting any request for such redesignation not later 

5 than October 26, 2005. 

6 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

7 AMERICANS

8 To carry out title V of the Older Americans Act of 

9 1965, $420,000,000: Provided, That the Secretary of 

10 Labor shall use a portion of these funds to make a grant 

11 to the Forest Service for the Senior Community Service 

12 Employment Program for fiscal year 2007 in the same 

13 amount, and under the same terms and conditions, as the 

14 grant provided to the Forest Service for fiscal year 2006 

15 for such program. 

16 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

17 For payments during the current fiscal year of trade 

18 adjustment benefit payments and allowances under part 

19 I and section 246; and for training, allowances for job 

20 search and relocation, and related State administrative ex21 penses under part II of subchapter B of chapter 2 of title 

22 II of the Trade Act of 1974 (including the benefits and 

23 services described under sections 123(c)(2) and 151(b) 

24 and (c) of the Trade Adjustment Assistance Reform Act 

25 of 2002, division A of Public Law 107–210), 


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1 $938,600,000, together with such amounts as may be nec2 essary to be charged to the subsequent appropriation for 

3 payments for any period subsequent to September 15 of 

4 the current year. 

5 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

6 SERVICE OPERATIONS

7 For authorized administrative expenses, 

8 $62,016,000, together with not to exceed $3,309,746,000 

9 (including not to exceed $1,228,000 which may be used 

10 for amortization payments to States which had inde11 pendent retirement plans in their State employment serv12 ice agencies prior to 1980), which may be expended from 

13 the Employment Security Administration Account in the 

14 Unemployment Trust Fund including the cost of admin15 istering section 51 of the Internal Revenue Code of 1986, 

16 section 7(d) of the Wagner-Peyser Act, the Trade Act of 

17 1974, the Immigration Act of 1990, and the Immigration 

18 and Nationality Act and of which the sums available in 

19 the allocation for activities authorized by title III of the 

20 Social Security Act (42 U.S.C. 502–504), and the sums 

21 available in the allocation for necessary administrative ex22 penses for carrying out sections 8501–8523 of title 5, 

23 United States Code, shall be available for obligation by 

24 the States through December 31, 2007, except that funds 

25 used for automation acquisitions shall be available for obliVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 gation by the States through September 30, 2009; of 

2 which $62,016,000, together with not to exceed 

3 $666,753,000 of the amount which may be expended from 

4 said trust fund, shall be available for obligation for the 

5 period July 1, 2007 through June 30, 2008, to fund ac6 tivities under the Act of June 6, 1933, including the cost 

7 of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) 

8 made available to States in lieu of allotments for such pur9 pose: Provided, That to the extent that the Average Week10 ly Insured Unemployment (AWIU) for fiscal year 2007 

11 is projected by the Department of Labor to exceed 

12 2,963,000, an additional $28,600,000 shall be available 

13 for obligation for every 100,000 increase in the AWIU 

14 level (including a pro rata amount for any increment less 

15 than 100,000) from the Employment Security Administra16 tion Account of the Unemployment Trust Fund: Provided 

17 further, That funds appropriated in this Act which are 

18 used to establish a national one-stop career center system, 

19 or which are used to support the national activities of the 

20 Federal-State unemployment insurance or immigration 

21 programs, may be obligated in contracts, grants or agree22 ments with non-State entities: Provided further, That 

23 funds appropriated in this Act for activities authorized 

24 under the Wagner-Peyser Act and title III of the Social 

25 Security Act, may be used by the States to fund integrated 


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1 Employment Service and Unemployment Insurance auto2 mation efforts, notwithstanding cost allocation principles 

3 prescribed under Office of Management and Budget Cir4 cular A–87: Provided further, That notwithstanding any 

5 other provision of law, any Federal equity acquired in real 

6 property through grants to New York State awarded 

7 under title III of the Social Security Act (42 U.S.C. 501 

8 et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 

9 et seq.) is hereby transferred to such State. The portion 

10 of any real property that is attributable to the Federal 

11 equity transferred under this section shall be used to carry 

12 out activities authorized under title III of the Social Secu13 rity Act or the Wagner-Peyser Act. Any disposition of 

14 such real property shall be carried out in accordance with 

15 the procedures prescribed by the Secretary and the portion 

16 of the proceeds from the disposition of such real property 

17 that is attributable to the Federal equity transferred 

18 under this section shall be used to carry out activities au19 thorized under title III of the Social Security Act or the 

20 Wagner-Peyser Act. 

21 In addition, from the Employment Security Adminis22 tration Account in the Unemployment Trust Fund, and 

23 subject to the same terms and conditions, $30,000,000 to 

24 conduct in-person reemployment and eligibility assess25 ments of unemployment insurance beneficiaries in oneVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 stop career centers; and $10,000,000 to prevent and de2 tect fraudulent unemployment benefits claims filed using 

3 personal information stolen from unsuspecting workers: 

4 Provided, That following the end of the fiscal year, the 

5 Secretary shall provide two reports to the Committees on 

6 Appropriations of the House of Representatives and the 

7 Senate: 

8 (A) The first report, to be submitted no later 

9 than 180 days following the end of the fiscal year, 

10 shall include available information on expenditures, 

11 number of claimants assessed, and estimated savings 

12 attributable to the reemployment and eligibility re13 views. The report shall also include the impact of ex14 penditures to prevent and detect fraudulent claims 

15 using stolen personal information. 

16 (B) A second report, to be submitted no later 

17 than 16 months following the end of the fiscal year, 

18 shall contain more comprehensive information on es19 timated savings for the reemployment and eligibility 

20 reviews and identification of best practices. 

21 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

22 OTHER FUNDS

23 For repayable advances to the Unemployment Trust 

24 Fund as authorized by sections 905(d) and 1203 of the 

25 Social Security Act, and to the Black Lung Disability 


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1 Trust Fund as authorized by section 9501(c)(1) of the In2 ternal Revenue Code of 1954; and for nonrepayable ad3 vances to the Unemployment Trust Fund as authorized 

4 by section 8509 of title 5, United States Code, and to the 

5 ‘‘Federal unemployment benefits and allowances’’ account, 

6 to remain available until September 30, 2008, 

7 $452,000,000. 

8 In addition, for making repayable advances to the 

9 Black Lung Disability Trust Fund in the current fiscal 

10 year after September 15, 2007, for costs incurred by the 

11 Black Lung Disability Trust Fund in the current fiscal 

12 year, such sums as may be necessary. 

13 PROGRAM ADMINISTRATION

14 For expenses of administering employment and train15 ing programs, $118,760,000, together with not to exceed 

16 $92,794,000, which may be expended from the Employ17 ment Security Administration Account in the Unemploy18 ment Trust Fund. 

19 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses for the Employee Benefits 

22 Security Administration, $143,573,000. 


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1 PENSION BENEFIT GUARANTY CORPORATION

2 PENSION BENEFIT GUARANTY CORPORATION FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 The Pension Benefit Guaranty Corporation is author5 ized to make such expenditures, including financial assist6 ance authorized by section 104 of Public Law 96–364, 

7 within limits of funds and borrowing authority available 

8 to such Corporation, and in accord with law, and to make 

9 such contracts and commitments without regard to fiscal 

10 year limitations as provided by section 104 of the Govern11 ment Corporation Control Act (31 U.S.C. 9104), as may 

12 be necessary in carrying out the program, including asso13 ciated administrative expenses, through September 30, 

14 2007 for such Corporation: Provided, That none of the 

15 funds available to the Corporation for fiscal year 2007 

16 shall be available for obligations for administrative ex17 penses in excess of $397,644,000, of which $7,000,000 

18 shall be transferred to ‘‘Salaries and Expenses’’ Employee 

19 Benefits Security Administration, Department of Labor 

20 for the development of ERISA Filing Acceptance System: 

21 Provided further, That obligations in excess of such 

22 amount may be incurred after approval by the Office of 

23 Management and Budget and notification of the Commit24 tees on Appropriations of the House of Representatives 

25 and the Senate: Provided further, That to the extent that 


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1 the number of new plan participants in plans terminated 

2 by the Corporation exceeds 100,000 in fiscal year 2007, 

3 an amount not to exceed an additional $9,800,000 shall 

4 be available for obligation for administrative expenses for 

5 every 20,000 additional terminated participants. 

6 EMPLOYMENT STANDARDS ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses for the Employment Stand9 ards Administration, including reimbursement to State, 

10 Federal, and local agencies and their employees for inspec11 tion services rendered, $416,419,000, together with 

12 $2,076,000 which may be expended from the Special Fund 

13 in accordance with sections 39(c), 44(d) and 44(j) of the 

14 Longshore and Harbor Workers’ Compensation Act: Pro15 vided, That the Secretary of Labor is authorized to estab16 lish and, in accordance with section 3302 of title 31, 

17 United States Code, collect and deposit in the Treasury 

18 fees for processing applications and issuing certificates 

19 under sections 11(d) and 14 of the Fair Labor Standards 

20 Act of 1938 (29 U.S.C. 211(d) and 214) and for proc21 essing applications and issuing registrations under title I 

22 of the Migrant and Seasonal Agricultural Worker Protec23 tion Act (29 U.S.C. 1801 et seq.). 


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1 SPECIAL BENEFITS

2 (INCLUDING TRANSFER OF FUNDS) 

3 For the payment of compensation, benefits, and ex4 penses (except administrative expenses) accruing during 

5 the current or any prior fiscal year authorized by chapter 

6 81 of title 5, United States Code; continuation of benefits 

7 as provided for under the heading ‘‘Civilian War Benefits’’ 

8 in the Federal Security Agency Appropriation Act, 1947; 

9 the Employees’ Compensation Commission Appropriation 

10 Act, 1944; sections 4(c) and 5(f) of the War Claims Act 

11 of 1948 (50 U.S.C. App. 2012); and 50 percent of the 

12 additional compensation and benefits required by section 

13 10(h) of the Longshore and Harbor Workers’ Compensa14 tion Act, $230,000,000, together with such amounts as 

15 may be necessary to be charged to the subsequent year 

16 appropriation for the payment of compensation and other 

17 benefits for any period subsequent to August 15 of the 

18 current year: Provided, That amounts appropriated may 

19 be used under section 8104 of title 5, United States Code, 

20 by the Secretary of Labor to reimburse an employer, who 

21 is not the employer at the time of injury, for portions of 

22 the salary of a reemployed, disabled beneficiary: Provided 

23 further, That balances of reimbursements unobligated on 

24 September 30, 2006, shall remain available until expended 

25 for the payment of compensation, benefits, and expenses: 


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1 Provided further, That in addition there shall be trans2 ferred to this appropriation from the Postal Service and 

3 from any other corporation or instrumentality required 

4 under section 8147(c) of title 5, United States Code, to 

5 pay an amount for its fair share of the cost of administra6 tion, such sums as the Secretary determines to be the cost 

7 of administration for employees of such fair share entities 

8 through September 30, 2007: Provided further, That of 

9 those funds transferred to this account from the fair share 

10 entities to pay the cost of administration of the Federal 

11 Employees’ Compensation Act, $51,034,000 shall be made 

12 available to the Secretary as follows: 

13 (1) For enhancement and maintenance of auto14 mated data processing systems and telecommuni15 cations systems, $14,580,000. 

16 (2) For automated workload processing oper17 ations, including document imaging, centralized mail 

18 intake and medical bill processing, $22,924,000. 

19 (3) For periodic roll management and medical 

20 review, $13,530,000. 

21 (4) The remaining funds shall be paid into the 

22 Treasury as miscellaneous receipts: 

23 Provided further, That the Secretary may require that any 

24 person filing a notice of injury or a claim for benefits 

25 under chapter 81 of title 5, United States Code, or the 


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1 Longshore and Harbor Workers’ Compensation Act, pro2 vide as part of such notice and claim, such identifying in3 formation (including Social Security account number) as 

4 such regulations may prescribe. 

5 SPECIAL BENEFITS FOR DISABLED COAL MINERS

6 For carrying out title IV of the Federal Mine Safety 

7 and Health Act of 1977, as amended by Public Law 107– 

8 275, $229,373,000, to remain available until expended. 

9 For making after July 31 of the current fiscal year, 

10 benefit payments to individuals under title IV of such Act, 

11 for costs incurred in the current fiscal year, such amounts 

12 as may be necessary. 

13 For making benefit payments under title IV for the 

14 first quarter of fiscal year 2008, $68,000,000, to remain 

15 available until expended. 

16 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

17 OCCUPATIONAL ILLNESS COMPENSATION FUND

18 (INCLUDING TRANSFER OF FUNDS) 

19 For necessary expenses to administer the Energy 

20 Employees Occupational Illness Compensation Act, 

21 $102,307,000, to remain available until expended: Pro22 vided, That the Secretary of Labor is authorized to trans23 fer to any executive agency with authority under the En24 ergy Employees Occupational Illness Compensation Act, 

25 including within the Department of Labor, such sums as 


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1 may be necessary in fiscal year 2007 to carry out those 

2 authorities: Provided further, That the Secretary may re3 quire that any person filing a claim for benefits under 

4 such Act provide as part of such claim, such identifying 

5 information (including Social Security account number) as 

6 may be prescribed: Provided further, That not later than 

7 30 days after enactment, in addition to other sums trans8 ferred by the Secretary to the National Institute for Occu9 pational Safety and Health (NIOSH) for the administra10 tion of the Energy Employees Occupational Illness Com11 pensation Program (EEOICPA), the Secretary shall 

12 transfer $4,500,000 to NIOSH from the funds appro13 priated to the Energy Employees Occupational Illness 

14 Compensation Fund (42 U.S.C. 7384e), for use by or in 

15 support of the Advisory Board on Radiation and Worker 

16 Health (the Board) to carry out its statutory responsibil17 ities under EEOICPA (42 U.S.C. 7384n–q), including ob18 taining audits, technical assistance and other support 

19 from the Board’s audit contractor with regard to radiation 

20 dose estimation and reconstruction efforts, site profiles, 

21 procedures, and review of Special Exposure Cohort peti22 tions and evaluation reports. 


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1 BLACK LUNG DISABILITY TRUST FUND

2 (INCLUDING TRANSFER OF FUNDS) 

3 In fiscal year 2007 and thereafter, such sums as may 

4 be necessary from the Black Lung Disability Trust Fund, 

5 to remain available until expended, for payment of all ben6 efits authorized by section 9501(d)(1), (2), (4), and (7) 

7 of the Internal Revenue Code of 1954; and interest on ad8 vances, as authorized by section 9501(c)(2) of such Act. 

9 In addition, the following amounts shall be available from 

10 the Fund for fiscal year 2007 for expenses of operation 

11 and administration of the Black Lung Benefits program, 

12 as authorized by section 9501(d)(5) of such Act: 

13 $33,578,000 for transfer to the Employment Standards 

14 Administration ‘‘Salaries and Expenses’’; $25,255,000 for 

15 transfer to Departmental Management, ‘‘Salaries and Ex16 penses’’; $346,000 for transfer to Departmental Manage17 ment, ‘‘Office of Inspector General’’; and $356,000 for 

18 payments into miscellaneous receipts for the expenses of 

19 the Department of the Treasury. 

20 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses for the Occupational Safety 

23 and Health Administration, $486,051,000, including not 

24 to exceed $91,093,000 which shall be the maximum 

25 amount available for grants to States under section 23(g) 


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1 of the Occupational Safety and Health Act (the Act), 

2 which grants shall be no less than 50 percent of the costs 

3 of State occupational safety and health programs required 

4 to be incurred under plans approved by the Secretary of 

5 Labor under section 18 of the Act; and, in addition, not6 withstanding section 3302 of title 31, United States Code, 

7 the Occupational Safety and Health Administration may 

8 retain up to $750,000 per fiscal year of training institute 

9 course tuition fees, otherwise authorized by law to be col10 lected, and may utilize such sums for occupational safety 

11 and health training and education: Provided, That, not12 withstanding section 3302 of title 31, United States Code, 

13 the Secretary is authorized, during the fiscal year ending 

14 September 30, 2007, to collect and retain fees for services 

15 provided to Nationally Recognized Testing Laboratories, 

16 and may utilize such sums, in accordance with the provi17 sions of section 2 of the Act of April 13, 1934 (29 U.S.C. 

18 9a), to administer national and international laboratory 

19 recognition programs that ensure the safety of equipment 

20 and products used by workers in the workplace: Provided 

21 further, That none of the funds appropriated under this 

22 paragraph shall be obligated or expended to prescribe, 

23 issue, administer, or enforce any standard, rule, regula24 tion, or order under the Act which is applicable to any 

25 person who is engaged in a farming operation which does 


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1 not maintain a temporary labor camp and employs 10 or 

2 fewer employees: Provided further, That no funds appro3 priated under this paragraph shall be obligated or ex4 pended to administer or enforce any standard, rule, regu5 lation, or order under the Act with respect to any employer 

6 of 10 or fewer employees who is included within a category 

7 having a Days Away, Restricted, or Transferred (DART) 

8 occupational injury and illness rate, at the most precise 

9 industrial classification code for which such data are pub10 lished, less than the national average rate as such rates 

11 are most recently published by the Secretary, acting 

12 through the Bureau of Labor Statistics, in accordance 

13 with section 24 of the Act (29 U.S.C. 673), except— 

14 (1) to provide, as authorized by the Act, con15 sultation, technical assistance, educational and train16 ing services, and to conduct surveys and studies; 

17 (2) to conduct an inspection or investigation in 

18 response to an employee complaint, to issue a cita19 tion for violations found during such inspection, and 

20 to assess a penalty for violations which are not cor21 rected within a reasonable abatement period and for 

22 any willful violations found; 

23 (3) to take any action authorized by the Act 

24 with respect to imminent dangers; 


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1 (4) to take any action authorized by the Act 

2 with respect to health hazards; 

3 (5) to take any action authorized by the Act 

4 with respect to a report of an employment accident 

5 which is fatal to one or more employees or which re6 sults in hospitalization of two or more employees, 

7 and to take any action pursuant to such investiga8 tion authorized by the Act; and 

9 (6) to take any action authorized by the Act 

10 with respect to complaints of discrimination against 

11 employees for exercising rights under the Act: 

12 Provided further, That the foregoing proviso shall not 

13 apply to any person who is engaged in a farming operation 

14 which does not maintain a temporary labor camp and em15 ploys 10 or fewer employees: Provided further, That none 

16 of the funds appropriated under this paragraph shall be 

17 obligated or expended to administer or enforce the provi18 sions of 29 CFR 1910.134(f)(2) (General Industry Res19 piratory Protection Standard) to the extent that such pro20 visions require the annual fit testing (after the initial fit 

21 testing) of respirators for occupational exposure to tuber22 culosis. 


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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Mine Safety and 

4 Health Administration, $278,869,000 including purchase 

5 and bestowal of certificates and trophies in connection 

6 with mine rescue and first-aid work, and the hire of pas7 senger motor vehicles, including up to $2,000,000 for 

8 mine rescue and recovery activities; in addition, not to ex9 ceed $750,000 may be collected by the National Mine 

10 Health and Safety Academy for room, board, tuition, and 

11 the sale of training materials, otherwise authorized by law 

12 to be collected, to be available for mine safety and health 

13 education and training activities, notwithstanding section 

14 3302 of title 31, United States Code; and, in addition, 

15 the Mine Safety and Health Administration may retain 

16 up to $1,000,000 from fees collected for the approval and 

17 certification of equipment, materials, and explosives for 

18 use in mines, and may utilize such sums for such activi19 ties; the Secretary of Labor is authorized to accept lands, 

20 buildings, equipment, and other contributions from public 

21 and private sources and to prosecute projects in coopera22 tion with other agencies, Federal, State, or private; the 

23 Mine Safety and Health Administration is authorized to 

24 promote health and safety education and training in the 

25 mining community through cooperative programs with 


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1 States, industry, and safety associations; the Secretary is 

2 authorized to recognize the Joseph A. Holmes Safety As3 sociation as a principal safety association and, notwith4 standing any other provision of law, may provide funds 

5 and, with or without reimbursement, personnel, including 

6 service of Mine Safety and Health Administration officials 

7 as officers in local chapters or in the national organiza8 tion; and any funds available to the Department may be 

9 used, with the approval of the Secretary, to provide for 

10 the costs of mine rescue and survival operations in the 

11 event of a major disaster. 

12 BUREAU OF LABOR STATISTICS

13 SALARIES AND EXPENSES

14 For necessary expenses for the Bureau of Labor Sta15 tistics, including advances or reimbursements to State, 

16 Federal, and local agencies and their employees for serv17 ices rendered, $486,262,000, together with not to exceed 

18 $79,026,000, which may be expended from the Employ19 ment Security Administration Account in the Unemploy20 ment Trust Fund. 

21 OFFICE OF DISABILITY EMPLOYMENT POLICY

22 SALARIES AND EXPENSES

23 For necessary expenses for the Office of Disability 

24 Employment Policy to provide leadership, develop policy 

25 and initiatives, and award grants furthering the objective 


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1 of eliminating barriers to the training and employment of 

2 people with disabilities, $20,319,000. 

3 DEPARTMENTAL MANAGEMENT

4 SALARIES AND EXPENSES

5 For necessary expenses for Departmental Manage6 ment, including the hire of three sedans, and including 

7 the management or operation, through contracts, grants 

8 or other arrangements of Departmental activities con9 ducted by or through the Bureau of International Labor 

10 Affairs, including bilateral and multilateral technical as11 sistance and other international labor activities, 

12 $236,462,000, of which $1,893,000, to remain available 

13 until September 30, 2008, is for Frances Perkins Building 

14 Security Enhancements, and $28,000,000 is for the acqui15 sition of Departmental information technology, architec16 ture, infrastructure, equipment, software and related 

17 needs, which will be allocated by the Department’s Chief 

18 Information Officer in accordance with the Department’s 

19 capital investment management process to assure a sound 

20 investment strategy; together with not to exceed 

21 $322,000, which may be expended from the Employment 

22 Security Administration Account in the Unemployment 

23 Trust Fund. 


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1 VETERANS EMPLOYMENT AND TRAINING

2 Not to exceed $195,177,000 may be derived from the 

3 Employment Security Administration Account in the Un4 employment Trust Fund to carry out the provisions of sec5 tions 4100–4113, 4211–4215, and 4321–4327 of title 38, 

6 United States Code, and Public Law 103–353, and which 

7 shall be available for obligation by the States through De8 cember 31, 2007, of which $1,969,000 is for the National 

9 Veterans’ Employment and Training Services Institute. 

10 To carry out the Homeless Veterans Reintegration Pro11 grams (38 U.S.C. 2021) and the Veterans Workforce In12 vestment Programs (29 U.S.C. 2913), $29,263,000, of 

13 which $7,425,000 shall be available for obligation for the 

14 period July 1, 2007 through June 30, 2008. 

15 OFFICE OF INSPECTOR GENERAL

16 For salaries and expenses of the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, $68,073,000, together with not to 

19 exceed $5,688,000, which may be expended from the Em20 ployment Security Administration Account in the Unem21 ployment Trust Fund. 

22 ADMINISTRATIVE PROVISIONS

23 SEC. 101. None of the funds appropriated in this title 

24 for the Job Corps shall be used to pay the salary of an 


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1 individual, either as direct costs or any proration as an 

2 indirect cost, at a rate in excess of Executive Level II. 

3 SEC. 102. Not to exceed 1 percent of any discre4 tionary funds (pursuant to the Balanced Budget and 

5 Emergency Deficit Control Act of 1985) which are appro6 priated for the current fiscal year for the Department of 

7 Labor in this Act may be transferred between accounts, 

8 but no such account shall be increased by more than 3 

9 percent by any such transfer: Provided, That the transfer 

10 authority granted by this section shall be available only 

11 to meet unanticipated needs and shall not be used to cre12 ate any new program or to fund any project or activity 

13 for which no funds are provided in this Act: Provided fur14 ther, That the Committees on Appropriations of the House 

15 of Representatives and the Senate are notified at least 15 

16 days in advance of any transfer and approve the transfer. 

17 SEC. 103. In accordance with Executive Order No. 

18 13126, none of the funds appropriated or otherwise made 

19 available pursuant to this Act shall be obligated or ex20 pended for the procurement of goods mined, produced, 

21 manufactured, or harvested or services rendered, whole or 

22 in part, by forced or indentured child labor in industries 

23 and host countries already identified by the United States 

24 Department of Labor prior to enactment of this Act. 


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1 SEC. 104. The Secretary of Labor shall prepare and 

2 submit not later than July 1, 2006 to the Committees on 

3 Appropriations of the House of Representatives and the 

4 Senate an operating plan that outlines the planned alloca5 tion by major project and activity of fiscal year 2007 funds 

6 made available for section 171 of the Workforce Invest7 ment Act, except for those projects specifically identified 

8 in the accompanying report. 

9 SEC. 105. After September 30, 2006, the Secretary 

10 of Labor shall issue a monthly transit subsidy of not less 

11 than the full amount (of not less than $105) each of its 

12 employees of the National Capital Region is eligible to re13 ceive. 

14 TITLE II—DEPARTMENT OF HEALTH AND 

15 HUMAN SERVICES 

16 HEALTH RESOURCES AND SERVICES ADMINISTRATION

17 HEALTH RESOURCES AND SERVICES

18 For carrying out titles II, III, IV, VII, VIII, X, XII, 

19 XIX, and XXVI of the Public Health Service Act (PHS 

20 Act), section 427(a) of the Federal Coal Mine Health and 

21 Safety Act, title V and sections 1128E, and 711, and 1820 

22 of the Social Security Act, the Health Care Quality Im23 provement Act of 1986, the Native Hawaiian Health Care 

24 Act of 1988, the Cardiac Arrest Survival Act of 2000, sec25 tion 712 of the American Jobs Creation Act of 2004, and 


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1 for expenses necessary to support activities related to 

2 countering potential biological, disease, nuclear, radio3 logical and chemical threats to civilian populations, 

4 $7,050,917,000, of which $248,146,000 shall be available 

5 for noncompetitive grants, with terms and conditions and 

6 in the amounts specified in the committee report of the 

7 House of Representatives accompanying this Act, and of 

8 which $40,000,000 from general revenues, notwith9 standing section 1820(j) of the Social Security Act, shall 

10 be available for carrying out the Medicare rural hospital 

11 flexibility grants program under section 1820 of such Act: 

12 Provided, That of the funds made available under this 

13 heading, $220,000 shall be available until expended for 

14 facilities renovations at the Gillis W. Long Hansen’s Dis15 ease Center: Provided further, That in addition to fees au16 thorized by section 427(b) of the Health Care Quality Im17 provement Act of 1986, fees shall be collected for the full 

18 disclosure of information under such Act sufficient to re19 cover the full costs of operating the National Practitioner 

20 Data Bank, and shall remain available until expended to 

21 carry out such Act: Provided further, That fees collected 

22 for the full disclosure of information under the ‘‘Health 

23 Care Fraud and Abuse Data Collection Program’’, author24 ized by section 1128E(d)(2) of the Social Security Act, 

25 shall be sufficient to recover the full costs of operating 


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HR 5647 RH 

1 the program, and shall remain available until expended to 

2 carry out that program: Provided further, That 

3 $25,000,000 of the funding provided for community 

4 health centers shall be used for base grant adjustments 

5 for existing centers: Provided further, That no more than 

6 $10,000 is available until expended for carrying out the 

7 provisions of section 224(o) of the PHS Act including as8 sociated administrative expenses: Provided further, That 

9 no more than $44,550,000 is available until expended for 

10 carrying out the provisions of Public Law 104–73 and for 

11 expenses incurred by the Department of Health and 

12 Human Services pertaining to administrative claims made 

13 under such law: Provided further, That of the funds made 

14 available under this heading, $283,103,000 shall be for 

15 the program under title X of the PHS Act to provide for 

16 voluntary family planning projects: Provided further, That 

17 amounts provided to said projects under such title shall 

18 not be expended for abortions, that all pregnancy coun19 seling shall be nondirective, and that such amounts shall 

20 not be expended for any activity (including the publication 

21 or distribution of literature) that in any way tends to pro22 mote public support or opposition to any legislative pro23 posal or candidate for public office: Provided further, That 

24 $789,546,000 shall be for State AIDS Drug Assistance 

25 Programs authorized by section 2616 of the PHS Act: 


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1 Provided further, That in addition to amounts provided 

2 herein, $25,000,000 shall be available from amounts avail3 able under section 241 of the PHS Act to carry out parts 

4 A, B, C, and D of title XXVI of the PHS Act to fund 

5 section 2691 special projects of national significance: Pro6 vided further, That, notwithstanding section 502(a)(1) of 

7 the Social Security Act, not to exceed $117,428,000 is 

8 available for carrying out special projects of regional and 

9 national significance pursuant to section 501(a)(2) of such 

10 Act. 

11 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

12 ACCOUNT

13 Such sums as may be necessary to carry out subpart 

14 1 of part A of title VII of the Public Health Service Act. 

15 For administrative expenses to carry out the guaranteed 

16 loan program, including section 709 of such Act, 

17 $2,887,000. 

18 VACCINE INJURY COMPENSATION TRUST FUND

19 For payments from the Vaccine Injury Compensation 

20 Trust Fund, such sums as may be necessary for claims 

21 associated with vaccine-related injury or death with re22 spect to vaccines administered after September 30, 1988, 

23 pursuant to subtitle 2 of title XXI of the Public Health 

24 Service Act, to remain available until expended: Provided, 

25 That for necessary administrative expenses, not to exceed 


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1 $3,564,000 shall be available from the Trust Fund to the 

2 Secretary of Health and Human Services. 

3 CENTERS FOR DISEASE CONTROL AND PREVENTION

4 DISEASE CONTROL, RESEARCH, AND TRAINING

5 To carry out titles II, III, VII, XI, XV, XVII, XIX, 

6 XXI, and XXVI of the Public Health Service Act, sections 

7 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal 

8 Mine Safety and Health Act of 1977, sections 20, 21, and 

9 22 of the Occupational Safety and Health Act of 1970, 

10 title IV of the Immigration and Nationality Act, section 

11 501 of the Refugee Education Assistance Act of 1980, and 

12 for expenses necessary to support activities related to 

13 countering potential biological, disease, nuclear, radio14 logical, and chemical threats to civilian populations; in15 cluding purchase and insurance of official motor vehicles 

16 in foreign countries; and purchase, hire, maintenance, and 

17 operation of aircraft, $6,073,503,000, of which 

18 $17,315,000 shall be available for noncompetitive grants, 

19 with terms and conditions and in the amounts specified 

20 in the committee report of the House of Representatives 

21 accompanying this Act; of which $29,700,000 shall remain 

22 available until expended for equipment, construction, and 

23 renovation of facilities; of which $550,000,000 shall re24 main available until expended for the Strategic National 

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1 ice Act; and of which $121,952,000 for international HIV/ 

2 AIDS shall remain available until September 30, 2008: 

3 Provided, That in addition, such sums as may be derived 

4 from authorized user fees, shall be credited to this ac5 count: Provided further, That in addition to amounts pro6 vided herein, the following amounts shall be available from 

7 amounts available under section 241 of the Public Health 

8 Service Act: (1) $12,794,000 to carry out the National 

9 Immunization Surveys and (2) $87,071,000 to carry out 

10 research activities within the National Occupational Re11 search Agenda: Provided further, That none of the funds 

12 made available for injury prevention and control at the 

13 Centers for Disease Control and Prevention may be used, 

14 in whole or in part, to advocate or promote gun control: 

15 Provided further, That up to $31,800,000 shall be made 

16 available until expended for Individual Learning Accounts 

17 for full-time equivalent employees of the Centers for Dis18 ease Control and Prevention: Provided further, That the 

19 Director may redirect the total amount made available 

20 under authority of section 3 of the Vaccine and Immuniza21 tion Amendments of 1990 (Public Law 101–502) to activi22 ties the Director may so designate: Provided further, That 

23 the Committees on Appropriations of the House of Rep24 resentatives and the Senate are to be notified promptly 

25 of any such transfer: Provided further, That not to exceed 


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HR 5647 RH 

1 $12,500,000 may be available for making grants under 

2 section 1509 of the Public Health Service Act to not more 

3 than 15 States, tribes, or tribal organizations: Provided 

4 further, That of the funds appropriated, $10,000 is for 

5 official reception and representation expenses when spe6 cifically approved by the Director of the Centers for Dis7 ease Control and Prevention: Provided further, That em8 ployees of the Centers for Disease Control and Prevention 

9 or the Public Health Service, both civilian and Commis10 sioned Officers, detailed to States, municipalities, or other 

11 organizations under authority of section 214 of the Public 

12 Health Service Act, shall be treated as non-Federal em13 ployees for reporting purposes only and shall not be in14 cluded within any personnel ceiling applicable to the Agen15 cy, Service, or the Department of Health and Human 

16 Services during the period of detail or assignment. 

17 NATIONAL INSTITUTES OF HEALTH

18 NATIONAL CANCER INSTITUTE

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to cancer, 

21 $4,753,609,000, of which up to $8,000,000 may be used 

22 for facilities repairs and improvements at the NCI-Fred23 erick Federally Funded Research and Development Center 

24 in Frederick, Maryland. 


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1 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to cardiovascular, lung, 

4 and blood diseases, and blood and blood products, 

5 $2,901,012,000. 

6 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

7 RESEARCH

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to dental disease, 

10 $386,095,000. 

11 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

12 KIDNEY DISEASES

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to diabetes and diges15 tive and kidney disease, $1,694,298,000. 

16 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

17 AND STROKE

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to neurological dis20 orders and stroke, $1,524,750,000. 

21 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

22 DISEASES

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to allergy and infec25 tious diseases, $4,270,496,000. 


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1 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to general medical 

4 sciences, $1,923,481,000. 

5 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

6 DEVELOPMENT

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to child health and 

9 human development, $1,257,418,000, of which 

10 $69,000,000 shall be for continuation of the National 

11 Children’s Study. 

12 NATIONAL EYE INSTITUTE

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to eye diseases and 

15 visual disorders, $661,358,000. 

16 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

17 SCIENCES

18 For carrying out sections 301 and 311 and title IV 

19 of the Public Health Service Act with respect to environ20 mental health sciences, $637,323,000. 

21 NATIONAL INSTITUTE ON AGING

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to aging, 

24 $1,039,828,000. 


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1 NATIONAL INSTITUTE OF ARTHRITIS AND

2 MUSCULOSKELETAL AND SKIN DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to arthritis and mus5 culoskeletal and skin diseases, $504,533,000. 

6 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

7 COMMUNICATION DISORDERS

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to deafness and other 

10 communication disorders, $391,556,000. 

11 NATIONAL INSTITUTE OF NURSING RESEARCH

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to nursing research, 

14 $136,550,000. 

15 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

16 ALCOHOLISM

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to alcohol abuse and 

19 alcoholism, $433,318,000. 

20 NATIONAL INSTITUTE ON DRUG ABUSE

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to drug abuse, 

23 $994,829,000. 


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1 NATIONAL INSTITUTE OF MENTAL HEALTH

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to mental health, 

4 $1,394,806,000. 

5 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to human genome re8 search, $482,942,000. 

9 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

10 BIOENGINEERING

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to biomedical imaging 

13 and bioengineering research, $294,850,000. 

14 NATIONAL CENTER FOR RESEARCH RESOURCES

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to research resources 

17 and general research support grants, $1,123,242,000, of 

18 which $25,000,000 shall be for extramural facilities con19 struction: Provided, That none of these funds shall be used 

20 to pay recipients of the general research support grants 

21 program any amount for indirect expenses in connection 

22 with such grants. 


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1 NATIONAL CENTER FOR COMPLEMENTARY AND

2 ALTERNATIVE MEDICINE

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to complementary and 

5 alternative medicine, $120,554,000. 

6 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

7 DISPARITIES

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to minority health and 

10 health disparities research, $194,299,000. 

11 JOHN E. FOGARTY INTERNATIONAL CENTER

12 For carrying out the activities at the John E. 

13 Fogarty International Center, $66,681,000. 

14 NATIONAL LIBRARY OF MEDICINE

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to health information 

17 communications, $313,269,000, of which $4,000,000 shall 

18 be available until expended for improvement of informa19 tion systems: Provided, That in fiscal year 2007, the Li20 brary may enter into personal services contracts for the 

21 provision of services in facilities owned, operated, or con22 structed under the jurisdiction of the National Institutes 

23 of Health: Provided further, That in addition to amounts 

24 provided herein, $8,200,000 shall be available from 

25 amounts available under section 241 of the Public Health 


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HR 5647 RH 

1 Service Act to carry out National Information Center on 

2 Health Services Research and Health Care Technology 

3 and related health services. 

4 OFFICE OF THE DIRECTOR

5 (INCLUDING TRANSFER OF FUNDS) 

6 For carrying out the responsibilities of the Office of 

7 the Director, National Institutes of Health, $667,825,000, 

8 of which up to $14,000,000 shall be used to carry out sec9 tion 216 of this Act: Provided, That funding shall be avail10 able for the purchase of not to exceed 29 passenger motor 

11 vehicles for replacement only: Provided further, That the 

12 Director may direct up to 1 percent of the total amount 

13 made available in this or any other Act to all National 

14 Institutes of Health appropriations to activities the Direc15 tor may so designate: Provided further, That no such ap16 propriation shall be decreased by more than 1 percent by 

17 any such transfers and that the Committees on Appropria18 tions of the House of Representatives and the Senate are 

19 promptly notified of the transfer: Provided further, That 

20 the National Institutes of Health is authorized to collect 

21 third party payments for the cost of clinical services that 

22 are incurred in National Institutes of Health research fa23 cilities and that such payments shall be credited to the 

24 National Institutes of Health Management Fund: Pro25 vided further, That all funds credited to such Fund shall 


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HR 5647 RH 

1 remain available for one fiscal year after the fiscal year 

2 in which they are deposited: Provided further, That up to 

3 $500,000 shall be available to carry out section 499 of 

4 the Public Health Service Act: Provided further, That in 

5 addition to the transfer authority provided above, amounts 

6 appropriated in this Act to each institute and center may 

7 be transferred and utilized for the National Institutes of 

8 Health Common Fund: Provided further, That the amount 

9 utilized under the preceding proviso shall not exceed 

10 $332,000,000 without prior notification to the Commit11 tees on Appropriations of the House of Representatives 

12 and the Senate: Provided further, That amounts trans13 ferred and utilized under the preceding two provisos shall 

14 be in addition to amounts made available for the Common 

15 Fund from the Director’s Discretionary Fund and to any 

16 amounts allocated to activities related to the Common 

17 Fund through the normal research priority-setting process 

18 of individual institutes and centers: Provided further, That 

19 beginning on April 1, 2007, the Director shall report every 

20 six months to the Committees on Appropriations of the 

21 House of Representatives and the Senate on all deposits 

22 to and expenditures from the Common Fund: Provided 

23 further, That of the funds provided $10,000 shall be for 

24 official reception and representation expenses when spe25 cifically approved by the Director of the National InstiVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 tutes of Health: Provided further, That the Office of AIDS 

2 Research within the Office of the Director of the National 

3 Institutes of Health may spend up to $4,000,000 to make 

4 grants for construction or renovation of facilities as pro5 vided for in section 2354(a)(5)(B) of the Public Health 

6 Service Act: Provided further, That of the funds provided 

7 $96,030,000 shall be for expenses necessary to support ac8 tivities related to countering potential nuclear, radiological 

9 and chemical threats to civilian populations: Provided fur10 ther, That of the funds provided, $159,500,000 shall be 

11 for expenses necessary to support activities related to the 

12 advanced development of biodefense countermeasures. 

13 BUILDINGS AND FACILITIES

14 For the study of, construction of, renovation of, and 

15 acquisition of equipment for, facilities of or used by the 

16 National Institutes of Health, including the acquisition of 

17 real property, $81,081,000, to remain available until ex18 pended. 

19 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

20 ADMINISTRATION

21 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

22 For carrying out titles V and XIX of the Public 

23 Health Service Act (PHS Act) with respect to substance 

24 abuse and mental health services, the Protection and Ad25 vocacy for Individuals with Mental Illness Act, and section 


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HR 5647 RH 

1 301 of the PHS Act with respect to program management, 

2 $3,217,006,000, of which $12,640,000 shall be available 

3 for noncompetitive grants, with terms and conditions and 

4 in the amounts specified in the committee report of the 

5 House of Representatives accompanying this Act: Pro6 vided, That notwithstanding section 520A(f)(2) of the 

7 PHS Act, no funds appropriated for carrying out section 

8 520A are available for carrying out section 1971 of the 

9 PHS Act: Provided further, That in addition to amounts 

10 provided herein, the following amounts shall be available 

11 under section 241 of the PHS Act: (1) $79,200,000 to 

12 carry out subpart II of part B of title XIX of the PHS 

13 Act to fund section 1935(b) technical assistance, national 

14 data, data collection and evaluation activities, and further 

15 that the total available under this Act for section 1935(b) 

16 activities shall not exceed 5 percent of the amounts appro17 priated for subpart II of part B of title XIX; (2) 

18 $21,629,000 to carry out subpart I of part B of title XIX 

19 of the PHS Act to fund section 1920(b) technical assist20 ance, national data, data collection and evaluation activi21 ties, and further that the total available under this Act 

22 for section 1920(b) activities shall not exceed 5 percent 

23 of the amounts appropriated for subpart I of part B of 

24 title XIX; (3) $21,000,000 to carry out national surveys 


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HR 5647 RH 

1 on drug abuse; and (4) $4,300,000 to evaluate substance 

2 abuse treatment programs. 

3 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

4 HEALTHCARE RESEARCH AND QUALITY

5 For carrying out titles III and IX of the Public 

6 Health Service Act, and part A of title XI of the Social 

7 Security Act, $318,695,000; and in addition, amounts re8 ceived from Freedom of Information Act fees, reimburs9 able and interagency agreements, and the sale of data 

10 shall be credited to this appropriation and shall remain 

11 available until expended: Provided, That no amount shall 

12 be made available pursuant to section 927(c) of the Public 

13 Health Service Act for fiscal year 2007. 

14 CENTERS FOR MEDICARE AND MEDICAID SERVICES

15 GRANTS TO STATES FOR MEDICAID

16 For carrying out, except as otherwise provided, titles 

17 XI and XIX of the Social Security Act, $138,072,248,000, 

18 to remain available until expended. 

19 For making, after May 31, 2007, payments to States 

20 under title XIX of the Social Security Act for the last 

21 quarter of fiscal year 2007, for unanticipated costs, in22 curred for the current fiscal year, such sums as may be 

23 necessary. 

24 For making payments to States or in the case of sec25 tion 1928 on behalf of States under title XIX of the Social 


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HR 5647 RH 

1 Security Act for the first quarter of fiscal year 2008, 

2 $65,257,617,000, to remain available until expended. 

3 Payment under title XIX may be made for any quar4 ter with respect to a State plan or plan amendment in 

5 effect during such quarter, if submitted in or prior to such 

6 quarter and approved in that or any subsequent quarter. 

7 PAYMENTS TO HEALTH CARE TRUST FUNDS

8 For payment to the Federal Hospital Insurance and 

9 the Federal Supplementary Medical Insurance Trust 

10 Funds, as provided under sections 1844 and 1860D–16 

11 of the Social Security Act, sections 103(c) and 111(d) of 

12 the Social Security Amendments of 1965, section 278(d) 

13 of Public Law 97–248, and for administrative expenses 

14 incurred pursuant to section 201(g) of the Social Security 

15 Act, $197,017,391,000. 

16 In addition, for making matching payments under 

17 section 1844 of the Social Security Act, and benefit pay18 ments under 1860D–16 of such Act, not anticipated in 

19 budget estimates, such sums as may be necessary. 

20 PROGRAM MANAGEMENT

21 For carrying out, except as otherwise provided, titles 

22 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

23 XIII and XXVII of the Public Health Service Act, and 

24 the Clinical Laboratory Improvement Amendments of 

25 1988, not to exceed $3,153,547,000, to be transferred 


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1 from the Federal Hospital Insurance and the Federal Sup2 plementary Medical Insurance Trust Funds, as authorized 

3 by section 201(g) of the Social Security Act; together with 

4 all funds collected in accordance with section 353 of the 

5 Public Health Service Act and section 1857(e)(2) of the 

6 Social Security Act, and such sums as may be collected 

7 from authorized user fees and the sale of data, which shall 

8 remain available until expended: Provided, That all funds 

9 derived in accordance with section 9701 of title 31, United 

10 States Code, from organizations established under title 

11 XIII of the Public Health Service Act shall be credited 

12 to and available for carrying out the purposes of this ap13 propriation: Provided further, That $5,145,000 shall be 

14 available for noncompetitive grants, with terms and condi15 tions and in the amounts specified in the committee report 

16 of the House of Representatives accompanying this Act: 

17 Provided further, That $22,765,000, to remain available 

18 until September 30, 2008, is for contract costs for the 

19 Centers for Medicare and Medicaid Services Systems Revi20 talization Plan: Provided further, That $48,960,000, to re21 main available until September 30, 2008, is for contract 

22 costs for the Healthcare Integrated General Ledger Ac23 counting System: Provided further, That $146,760,000, to 

24 remain available until September 30, 2008, is for Medi25 care contracting reform activities of the Centers for MediVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 care and Medicaid Services: Provided further, That funds 

2 appropriated under this heading are available for the 

3 Healthy Start, Grow Smart program under which the Cen4 ters for Medicare and Medicaid Services may, directly or 

5 through grants, contracts, or cooperative agreements, 

6 produce and distribute informational materials including, 

7 but not limited to, pamphlets and brochures on infant and 

8 toddler health care to expectant parents enrolled in the 

9 Medicaid program and to parents and guardians enrolled 

10 in such program with infants and children: Provided fur11 ther, That the Secretary of Health and Human Services 

12 shall charge fees for conducting revisit surveys on health 

13 care facilities cited for deficiencies during initial certifi14 cation, recertification, or substantiated complaints sur15 veys; such fees shall be credited to this appropriation as 

16 offsetting collections, to remain available until expended 

17 for conducting such surveys; and the amount appropriated 

18 under this heading from the Federal Hospital Insurance 

19 and the Federal Supplementary Medical Insurance Trust 

20 Funds shall be reduced by an amount corresponding to 

21 the fees collected: Provided further, That the Secretary of 

22 Health and Human Services shall collect fees in fiscal year 

23 2007 from Medicare Advantage organizations pursuant to 

24 section 1857(e)(2) of the Social Security Act and from eli25 gible organizations with risk-sharing contracts under secVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 tion 1876 of such Act pursuant to section 1876(k)(4)(D) 

2 of such Act. 

3 ADMINISTRATION FOR CHILDREN AND FAMILIES

4 PAYMENTS TO STATES FOR CHILD SUPPORT

5 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

6 For making payments to States or other non-Federal 

7 entities under titles I, IV–D, X, XI, XIV, and XVI of the 

8 Social Security Act and the Act of July 5, 1960 (24 

9 U.S.C. ch. 9), $2,752,697,000, to remain available until 

10 expended; and for such purposes for the first quarter of 

11 fiscal year 2008, $1,000,000,000, to remain available until 

12 expended. 

13 For making payments to each State for carrying out 

14 the program of Aid to Families with Dependent Children 

15 under title IV–A of the Social Security Act as in effect 

16 before the effective date of the program of Temporary As17 sistance for Needy Families (TANF) with respect to such 

18 State, such sums as may be necessary: Provided, That the 

19 sum of the amounts available to a State with respect to 

20 expenditures under such title IV–A in fiscal year 1997 

21 under this appropriation and under such title IV–A as 

22 amended by the Personal Responsibility and Work Oppor23 tunity Reconciliation Act of 1996 shall not exceed the limi24 tations under section 116(b) of such Act. 


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1 For making, after May 31 of the current fiscal year, 

2 payments to States or other non-Federal entities under 

3 titles I, IV–D, X, XI, XIV, and XVI of the Social Security 

4 Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for 

5 the last 3 months of the current fiscal year for unantici6 pated costs, incurred for the current fiscal year, such sums 

7 as may be necessary. 

8 LOW INCOME HOME ENERGY ASSISTANCE

9 For making payments under section 2602(b) of the 

10 Low Income Home Energy Assistance Act of 1981 (42 

11 U.S.C. 8621(b)), $1,930,000,000. 

12 For making payments under section 2604(e) the Low 

13 Income Home Energy Assistance Act of 1981 (42 U.S.C. 

14 8623(e)), $181,170,000, notwithstanding the designation 

15 requirement of section 2602(e) of such Act. 

16 REFUGEE AND ENTRANT ASSISTANCE

17 For necessary expenses for refugee and entrant as18 sistance activities and for costs associated with the care 

19 and placement of unaccompanied alien children authorized 

20 by title IV of the Immigration and Nationality Act (8 

21 U.S.C. 1524) and section 501 of the Refugee Education 

22 Assistance Act of 1980 (8 U.S.C. 1522 note), for carrying 

23 out section 462 of the Homeland Security Act of 2002 

24 (6 U.S.C. 279), and for carrying out the Torture Victims 

25 Relief Act of 1998 (22 U.S.C. 2152 note) $604,329,000, 


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1 of which up to $9,816,000 shall be available to carry out 

2 the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

3 7101 et seq.): Provided, That funds appropriated under 

4 this heading pursuant to section 414(a) of the Immigra5 tion and Nationality Act and section 462 of the Homeland 

6 Security Act of 2002 for fiscal year 2007 shall be available 

7 for the costs of assistance provided and other activities 

8 to remain available through September 30, 2009. 

9 PAYMENTS TO STATES FOR THE CHILD CARE AND

10 DEVELOPMENT BLOCK GRANT

11 For carrying out the Child Care and Development 

12 Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), 

13 $2,062,081,000 shall be used to supplement, not supplant 

14 State general revenue funds for child care assistance for 

15 low-income families: Provided, That $18,777,370 shall be 

16 available for child care resource and referral and school17 aged child care activities, of which $982,080 shall be for 

18 the Child Care Aware toll-free hotline: Provided further, 

19 That, in addition to the amounts required to be reserved 

20 by the States under section 658G, $267,785,718 shall be 

21 reserved by the States for activities authorized under sec22 tion 658G, of which $98,208,000 shall be for activities 

23 that improve the quality of infant and toddler care: Pro24 vided further, That $9,821,000 shall be for use by the SecVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 retary for child care research, demonstration, and evalua2 tion activities. 

3 SOCIAL SERVICES BLOCK GRANT

4 For making grants to States pursuant to section 

5 2002 of the Social Security Act (42 U.S.C. 1397a), 

6 $1,700,000,000. 

7 CHILDREN AND FAMILIES SERVICES PROGRAMS

8 For carrying out, except as otherwise provided, the 

9 Runaway and Homeless Youth Act (42 U.S.C. 5711 et 

10 seq.), the Developmental Disabilities Assistance and Bill 

11 of Rights Act of 2000 (42 U.S.C. 15001 et seq.), the Head 

12 Start Act (42 U.S.C. 9831 et seq.), the Child Abuse Pre13 vention and Treatment Act (42 U.S.C. 5101 et seq.), sec14 tions 310 and 316 of the Family Violence Prevention and 

15 Services Act (42 U.S.C. 10409, 10416), the Native Amer16 ican Programs Act of 1974 (42 U.S.C. 2991a et seq.), 

17 title II of the Child Abuse Prevention and Treatment and 

18 Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) 

19 (adoption opportunities), sections 330F and 330G of the 

20 Public Health Service Act (42 U.S.C. 254c–6, 254c–7), 

21 the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 

22 670 note), sections 261 and 291 of the Help America Vote 

23 Act of 2002 (42 U.S.C. 15421, 15461), part B–1 of title 

24 IV and sections 413, 1110, and 1115 of the Social Secu25 rity Act, for making payments under the Community ServVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 ices Block Grant Act (42 U.S.C. 9901 et seq.), sections 

2 439 and 477 of the Social Security Act, and the Assets 

3 for Independence Act (42 U.S.C. 604 note), and for nec4 essary administrative expenses to carry out such Acts and 

5 titles I, IV, V, X, XI, XIV, XVI, and XX of the Social 

6 Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), 

7 the Low Income Home Energy Assistance Act of 1981, 

8 title IV of the Immigration and Nationality Act, section 

9 501 of the Refugee Education Assistance Act of 1980, 

10 $8,652,666,000, of which $17,820,000, to remain avail11 able until September 30, 2008, shall be for grants to 

12 States for adoption incentive payments, as authorized by 

13 section 473A of the Social Security Act (42 U.S.C. 673b) 

14 and may be made for adoptions completed before Sep15 tember 30, 2007: Provided, That $6,788,571,000 shall be 

16 for making payments under the Head Start Act, of which 

17 $1,388,800,000 shall become available October 1, 2007, 

18 and remain available through September 30, 2008: Pro19 vided further, That $483,426,000 shall be for making pay20 ments under the Community Services Block Grant Act: 

21 Provided further, That not less than $7,367,000 shall be 

22 for section 680(3)(B) of the Community Services Block 

23 Grant Act: Provided further, That in addition to amounts 

24 provided herein, $6,000,000 shall be available from 

25 amounts available under section 241 of the Public Health 


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1 Service Act to carry out the provisions of section 1110 

2 of the Social Security Act: Provided further, That the Sec3 retary of Health and Human Services shall establish pro4 cedures regarding the disposition of intangible property 

5 which permits grant funds, or intangible assets acquired 

6 with funds authorized under section 680 of the Commu7 nity Services Block Grant Act, to become the sole property 

8 of such grantees after a period of not more than 12 years 

9 after the end of the grant for purposes and uses consistent 

10 with the original grant: Provided further, That funds ap11 propriated for section 680(a)(2) of the Community Serv12 ices Block Grant Act shall be available for financing con13 struction and rehabilitation and loans or investments in 

14 private business enterprises owned by community develop15 ment corporations: Provided further, That $54,549,000 is 

16 for a compassion capital fund to provide grants to chari17 table organizations to emulate model social service pro18 grams and to encourage research on the best practices of 

19 social service organizations: Provided further, That 

20 $15,720,000 shall be for activities authorized by the Help 

21 America Vote Act of 2002, of which $10,890,000 shall be 

22 for payments to States to promote access for voters with 

23 disabilities, and of which $4,830,000 shall be for payments 

24 to States for protection and advocacy systems for voters 

25 with disabilities: Provided further, That $108,900,000 


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1 shall be for making competitive grants to provide absti2 nence education (as defined by section 510(b)(2)(A)–(H) 

3 of the Social Security Act) to adolescents, and for Federal 

4 costs of administering the grant: Provided further, That 

5 grants under the immediately preceding proviso shall be 

6 made only to public and private entities which agree that, 

7 with respect to an adolescent to whom the entities provide 

8 abstinence education under such grant, the entities will 

9 not provide to that adolescent any other education regard10 ing sexual conduct, except that, in the case of an entity 

11 expressly required by law to provide health information or 

12 services the adolescent shall not be precluded from seeking 

13 health information or services from the entity in a dif14 ferent setting than the setting in which abstinence edu15 cation was provided: Provided further, That within 

16 amounts provided herein for abstinence education for ado17 lescents, up to $10,000,000 may be available for a na18 tional abstinence education campaign: Provided further, 

19 That in addition to amounts provided herein for absti20 nence education for adolescents, $4,500,000 shall be avail21 able from amounts available under section 241 of the Pub22 lic Health Service Act to carry out evaluations (including 

23 longitudinal evaluations) of adolescent pregnancy preven24 tion approaches: Provided further, That $2,000,000 shall 

25 be for improving the Public Assistance Reporting InformaVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 tion System, including grants to States to support data 

2 collection for a study of the system’s effectiveness. 

3 PROMOTING SAFE AND STABLE FAMILIES

4 For carrying out section 436 of the Social Security 

5 Act, $345,000,000 and for section 437 of such Act, 

6 $89,100,000. 

7 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

8 ASSISTANCE

9 For making payments to States or other non-Federal 

10 entities under title IV–E of the Social Security Act, 

11 $5,211,000,000. 

12 For making payments to States or other non-Federal 

13 entities under title IV–E of the Social Security Act, for 

14 the first quarter of fiscal year 2008, $1,810,000,000. 

15 For making, after May 31 of the current fiscal year, 

16 payments to States or other non-Federal entities under 

17 section 474 of title IV–E of the Social Security Act, for 

18 the last 3 months of the current fiscal year for unantici19 pated costs, incurred for the current fiscal year, such sums 

20 as may be necessary. 

21 ADMINISTRATION ON AGING

22 AGING SERVICES PROGRAMS

23 For carrying out, to the extent not otherwise pro24 vided, the Older Americans Act of 1965 (42 U.S.C. 3011 

25 et seq.) and section 398 of the Public Health Service Act 


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1 (42 U.S.C. 280c–3), $1,390,306,000, of which $5,500,000 

2 shall be available for activities regarding medication man3 agement, screening, and education to prevent incorrect 

4 medication and adverse drug reactions. 

5 DEPARTMENTAL MANAGEMENT

6 OFFICE OF THE SECRETARY

7 GENERAL DEPARTMENTAL MANAGEMENT

8 For necessary expenses, not otherwise provided, for 

9 general departmental management, including hire of six 

10 sedans, and for carrying out titles III, XVII, XX, and XXI 

11 of the Public Health Service Act, the United States-Mex12 ico Border Health Commission Act, and research studies 

13 under section 1110 of the Social Security Act, 

14 $357,800,000, together with $5,792,000 to be transferred 

15 and expended as authorized by section 201(g)(1) of the 

16 Social Security Act from the Hospital Insurance Trust 

17 Fund and the Supplemental Medical Insurance Trust 

18 Fund, and $39,552,000 from the amounts available under 

19 section 241 of the Public Health Service Act to carry out 

20 national health or human services research and evaluation 

21 activities: Provided, That of the funds made available 

22 under this heading for carrying out title XX of the Public 

23 Health Service Act, $13,120,000 shall be for activities 

24 specified under section 2003(b)(2), all of which shall be 

25 for prevention service demonstration grants under section 


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1 510(b)(2) of the Social Security Act without application 

2 of the limitation of section 2010(c) of such title XX: Pro3 vided further, That of this amount, $51,891,000 shall be 

4 for minority AIDS prevention and treatment activities; 

5 and $5,892,000 shall be to assist Afghanistan in the devel6 opment of maternal and child health clinics, consistent 

7 with section 103(a)(4)(H) of the Afghanistan Freedom 

8 Support Act of 2002. 

9 OFFICE OF MEDICARE HEARINGS AND APPEALS

10 For expenses necessary for administrative law judges 

11 responsible for hearing cases under title XVIII of the So12 cial Security Act (and related provisions of title XI of such 

13 Act), $70,000,000, to be transferred in appropriate part 

14 from the Federal Hospital Insurance and the Federal Sup15 plementary Medical Insurance Trust Funds. 

16 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

17 INFORMATION TECHNOLOGY

18 For expenses necessary for the Office of the National 

19 Coordinator for Health Information Technology, including 

20 grants, contracts and cooperative agreements for the de21 velopment and advancement of an interoperable national 

22 health information technology infrastructure, 

23 $86,070,000: Provided, That in addition to amounts pro24 vided herein, $11,930,000 shall be available from amounts 

25 available under section 241 of the Public Health Service 


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1 Act to carry out health information technology network 

2 development. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For expenses necessary for the Office of Inspector 

5 General, including the hire of passenger motor vehicles for 

6 investigations, in carrying out the provisions of the Inspec7 tor General Act of 1978, $41,415,000: Provided, That of 

8 such amount, necessary sums are available for providing 

9 protective services to the Secretary and investigating non10 payment of child support cases for which non-payment is 

11 a Federal offense under section 228 of title 18, United 

12 States Code. 

13 OFFICE FOR CIVIL RIGHTS

14 For expenses necessary for the Office for Civil 

15 Rights, $32,969,000, together with not to exceed 

16 $3,314,000 to be transferred and expended as authorized 

17 by section 201(g)(1) of the Social Security Act from the 

18 Hospital Insurance Trust Fund and the Supplemental 

19 Medical Insurance Trust Fund. 

20 RETIREMENT PAY AND MEDICAL BENEFITS FOR

21 COMMISSIONED OFFICERS

22 For retirement pay and medical benefits of Public 

23 Health Service Commissioned Officers as authorized by 

24 law, for payments under the Retired Serviceman’s Family 

25 Protection Plan and Survivor Benefit Plan, for medical 


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1 care of dependents and retired personnel under the De2 pendents’ Medical Care Act (10 U.S.C. chapter 55), such 

3 amounts as may be required during the current fiscal year. 

4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

5 FUND

6 For expenses necessary to support activities related 

7 to countering potential biological, disease, nuclear, radio8 logical and chemical threats to civilian populations, and 

9 other public health emergencies, $160,475,000. 

10 ADMINISTRATIVE PROVISIONS

11 SEC. 201. Funds appropriated in this title shall be 

12 available for not to exceed $50,000 for official reception 

13 and representation expenses when specifically approved by 

14 the Secretary. 

15 SEC. 202. The Secretary of Health and Human Serv16 ices shall make available through assignment not more 

17 than 60 employees of the Public Health Service to assist 

18 in child survival activities and to work in AIDS programs 

19 through and with funds provided by the United States 

20 Agency for International Development, the United Na21 tions International Children’s Emergency Fund or the 

22 World Health Organization. 

23 SEC. 203. None of the funds appropriated in this Act 

24 may be used to implement section 399F(b) of the Public 

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1 tutes of Health Revitalization Act of 1993 (Public Law 

2 103–43). 

3 SEC. 204. None of the funds appropriated in this Act 

4 for the National Institutes of Health, the Agency for 

5 Healthcare Research and Quality, and the Substance 

6 Abuse and Mental Health Services Administration shall 

7 be used to pay the salary of an individual, through a grant 

8 or other extramural mechanism, at a rate in excess of Ex9 ecutive Level II. 

10 SEC. 205. None of the funds appropriated in this title 

11 for Head Start shall be used to pay the compensation of 

12 an individual, either as direct costs or any proration as 

13 an indirect cost, at a rate in excess of Executive Level 

14 II. 

15 SEC. 206. None of the funds appropriated in this Act 

16 may be expended pursuant to section 241 of the Public 

17 Health Service Act, except for funds specifically provided 

18 for in this Act, or for other taps and assessments made 

19 by any office located in the Department of Health and 

20 Human Services, prior to the preparation and submission 

21 of a report by the Secretary of Health and Human Serv22 ices to the Committees on Appropriations of the House 

23 of Representatives and the Senate detailing the planned 

24 uses of such funds. 


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1 SEC. 207. Notwithstanding section 241(a) of the 

2 Public Health Service Act, such portion as the Secretary 

3 of Health and Human Services shall determine, but not 

4 more than 1 percent, of any amounts appropriated for pro5 grams authorized under such Act shall be made available 

6 for the evaluation (directly, or by grants or contracts) of 

7 the implementation and effectiveness of such programs. 

8 (TRANSFER OF FUNDS) 

9 SEC. 208. Not to exceed 1 percent of any discre10 tionary funds (pursuant to the Balanced Budget and 

11 Emergency Deficit Control Act of 1985) which are appro12 priated for the current fiscal year for the Department of 

13 Health and Human Services in this Act may be trans14 ferred between an appropriation, but no such appropria15 tion shall be increased by more than 3 percent by any such 

16 transfer: Provided, That an appropriation may be in17 creased by up to an additional 2 percent subject to ap18 proval by the Committees on Appropriations of the House 

19 of Representatives and the Senate: Provided further, That 

20 the transfer authority granted by this section shall be 

21 available only to meet unanticipated needs and shall not 

22 be used to create any new program or to fund any project 

23 or activity for which no funds are provided in this Act: 

24 Provided further, That the Committees on Appropriations 

25 are notified at least 15 days in advance of any transfer. 


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1 (TRANSFER OF FUNDS) 

2 SEC. 209. The Director of the National Institutes of 

3 Health, jointly with the Director of the Office of AIDS 

4 Research, may transfer up to 3 percent among institutes 

5 and centers from the total amounts identified by these two 

6 Directors as funding for research pertaining to the human 

7 immunodeficiency virus: Provided, That the Committees 

8 on Appropriations of the House of Representatives and the 

9 Senate are promptly notified of the transfer. 

10 (TRANSFER OF FUNDS) 

11 SEC. 210. Of the amounts made available in this Act 

12 for the National Institutes of Health, the amount for re13 search related to the human immunodeficiency virus, as 

14 jointly determined by the Director of the National Insti15 tutes of Health and the Director of the Office of AIDS 

16 Research, shall be made available to the ‘‘Office of AIDS 

17 Research’’ account. The Director of the Office of AIDS 

18 Research shall transfer from such account amounts nec19 essary to carry out section 2353(d)(3) of the Public 

20 Health Service Act. 

21 SEC. 211. None of the funds appropriated in this Act 

22 may be made available to any entity under title X of the 

23 Public Health Service Act unless the applicant for the 

24 award certifies to the Secretary of Health and Human 

25 Services that it encourages family participation in the deVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 cision of minors to seek family planning services and that 

2 it provides counseling to minors on how to resist attempts 

3 to coerce minors into engaging in sexual activities. 

4 SEC. 212. None of the funds appropriated by this Act 

5 (including funds appropriated to any trust fund) may be 

6 used to carry out the Medicare Advantage program if the 

7 Secretary of Health and Human Services denies participa8 tion in such program to an otherwise eligible entity (in9 cluding a Provider Sponsored Organization) because the 

10 entity informs the Secretary that it will not provide, pay 

11 for, provide coverage of, or provide referrals for abortions: 

12 Provided, That the Secretary shall make appropriate pro13 spective adjustments to the capitation payment to such an 

14 entity (based on an actuarially sound estimate of the ex15 pected costs of providing the service to such entity’s enroll16 ees): Provided further, That nothing in this section shall 

17 be construed to change the Medicare program’s coverage 

18 for such services and a Medicare Advantage organization 

19 described in this section shall be responsible for informing 

20 enrollees where to obtain information about all Medicare 

21 covered services. 

22 SEC. 213. Notwithstanding any other provision of 

23 law, no provider of services under title X of the Public 

24 Health Service Act shall be exempt from any State law 


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1 requiring notification or the reporting of child abuse, child 

2 molestation, sexual abuse, rape, or incest. 

3 SEC. 214. (a) Except as provided by subsection (e) 

4 none of the funds appropriated by this Act may be used 

5 to withhold substance abuse funding from a State pursu6 ant to section 1926 of the Public Health Service Act (42 

7 U.S.C. 300x–26) if such State certifies to the Secretary 

8 of Health and Human Services by May 1, 2007, that the 

9 State will commit additional State funds, in accordance 

10 with subsection (b), to ensure compliance with State laws 

11 prohibiting the sale of tobacco products to individuals 

12 under 18 years of age. 

13 (b) The amount of funds to be committed by a State 

14 under subsection (a) shall be equal to 1 percent of such 

15 State’s substance abuse block grant allocation for each 

16 percentage point by which the State misses the retailer 

17 compliance rate goal established by the Secretary of 

18 Health and Human Services under section 1926 of such 

19 Act. 

20 (c) The State is to maintain State expenditures in 

21 fiscal year 2007 for tobacco prevention programs and for 

22 compliance activities at a level that is not less than the 

23 level of such expenditures maintained by the State for fis24 cal year 2006, and adding to that level the additional 

25 funds for tobacco compliance activities required under 


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1 subsection (a). The State is to submit a report to the Sec2 retary on all fiscal year 2006 State expenditures and all 

3 fiscal year 2007 obligations for tobacco prevention and 

4 compliance activities by program activity by July 31, 

5 2007. 

6 (d) The Secretary shall exercise discretion in enforc7 ing the timing of the State obligation of the additional 

8 funds required by the certification described in subsection 

9 (a) as late as July 31, 2007. 

10 (e) None of the funds appropriated by this Act may 

11 be used to withhold substance abuse funding pursuant to 

12 section 1926 from a territory that receives less than 

13 $1,000,000. 

14 SEC. 215. In order for the Centers for Disease Con15 trol and Prevention to carry out international health ac16 tivities, including HIV/AIDS and other infectious disease, 

17 chronic and environmental disease, and other health ac18 tivities abroad during fiscal year 2007: 

19 (1) The Secretary of Health and Human Serv20 ices (HHS) may exercise authority equivalent to that 

21 available to the Secretary of State in section 2(c) of 

22 the State Department Basic Authorities Act of 1956 

23 (22 U.S.C. 2669(c)). The Secretary of HHS shall 

24 consult with the Secretary of State and relevant 

25 Chief of Mission to ensure that the authority proVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 vided in this section is exercised in a manner con2 sistent with section 207 of the Foreign Service Act 

3 of 1980 (22 U.S.C. 3927) and other applicable stat4 utes administered by the Department of State. 

5 (2) The Secretary of HHS is authorized to pro6 vide such funds by advance or reimbursement to the 

7 Secretary of State as may be necessary to pay the 

8 costs of acquisition, lease, alteration, renovation, and 

9 management of facilities outside of the United 

10 States for the use of HHS. The Department of 

11 State shall cooperate fully with the Secretary of 

12 HHS to ensure that HHS has secure, safe, func13 tional facilities that comply with applicable regula14 tion governing location, setback, and other facilities 

15 requirements and serve the purposes established by 

16 this Act. The Secretary of HHS is authorized, in 

17 consultation with the Secretary of State, through 

18 grant or cooperative agreement, to make available to 

19 public or nonprofit private institutions or agencies in 

20 participating foreign countries, funds to acquire, 

21 lease, alter, or renovate facilities in those countries 

22 as necessary to conduct programs of assistance for 

23 international health activities, including activities re24 lating to HIV/AIDS and other infectious diseases, 


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1 chronic and environmental diseases, and other health 

2 activities abroad. 

3 SEC. 216. (a) AUTHORITY.—Notwithstanding any 

4 other provision of law, the Director of the National Insti5 tutes of Health may use funds available under section 

6 402(i) of the Public Health Service Act (42 U.S.C. 282(i)) 

7 to enter into transactions (other than contracts, coopera8 tive agreements, or grants) to carry out research in sup9 port of the NIH Roadmap for Medical Research. 

10 (b) PEER REVIEW.—In entering into transactions 

11 under subsection (a), the Director of the National Insti12 tutes of Health may utilize such peer review procedures 

13 (including consultation with appropriate scientific experts) 

14 as the Director determines to be appropriate to obtain as15 sessments of scientific and technical merit. Such proce16 dures shall apply to such transactions in lieu of the peer 

17 review and advisory council review procedures that would 

18 otherwise be required under sections 301(a)(3), 

19 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of 

20 the Public Health Service Act (42 U.S.C. 241, 

21 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). 

22 SEC. 217. Funds which are available for Individual 

23 Learning Accounts for employees of the Centers for Dis24 ease Control and Prevention (CDC) and the Agency for 

25 Toxic Substances and Disease Registry (ATSDR) may be 


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1 transferred to ‘‘Disease Control, Research, and Training,’’ 

2 to be available only for Individual Learning Accounts: Pro3 vided, That such funds may be used for any individual 

4 full-time equivalent employee while such employee is em5 ployed either by CDC or ATSDR. 

6 SEC. 218. (a) For fiscal year 2007 and subject to 

7 subsection (b), the Secretary of Health and Human Serv8 ices may waive the requirements of regulations promul9 gated under the Head Start Act (42 U.S.C. 9831 et seq.), 

10 for one or more vehicles used by a Head Start agency or 

11 an Early Head Start entity (or the designee of either) in 

12 transporting children enrolled in a Head Start program 

13 or an Early Head Start program if— 

14 (1) such requirements pertain to child restraint 

15 systems or vehicle monitors; 

16 (2) the agency or entity demonstrates that com17 pliance with such requirements will result in a sig18 nificant disruption to the Head Start program or the 

19 Early Head Start program; and 

20 (3) waiving such requirements is in the best in21 terest of the children involved. 

22 (b) The Secretary of Health and Human Services 

23 may not issue any waiver under subsection (a) after Sep24 tember 30, 2007, or the date of the enactment of a statute 


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1 that authorizes appropriations for fiscal year 2007 to 

2 carry out the Head Start Act, whichever date is earlier. 

3 SEC. 219. In addition to any other amounts available 

4 for such travel, and notwithstanding any other provision 

5 of law, amounts available from this or any other appro6 priation for the purchase, hire, maintenance, or operation 

7 of aircraft by the Centers for Disease Control and Preven8 tion may be used to provide travel on such aircraft by the 

9 Secretary of Health and Human Services, the Director of 

10 the Centers for Disease Control and Prevention, and em11 ployees of the Department of Health and Human Services 

12 accompanying the Secretary or the Director during such 

13 travel. 

14 SEC. 220. The Director of the National Institutes of 

15 Health (NIH) shall require that all investigators funded 

16 by the NIH submit an electronic version of their final, 

17 peer-reviewed manuscripts upon acceptance for publica18 tion to the NIH National Library of Medicine’s PubMed 

19 Central as soon as practicable but no later than 12 months 

20 after the official date of publication. 

21 SEC. 221. None of the funds made available in this 

22 Act may be used to phase down or reduce below 6 percent 

23 the rate of health-care related tax or taxes for a health 

24 care class permitted under section 433.68(f)(3) of title 42, 


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1 Code of Federal Regulations as a percentage of the reve2 nues received by the taxpayer. 

3 TITLE III—DEPARTMENT OF EDUCATION 

4 EDUCATION FOR THE DISADVANTAGED

5 For carrying out title I of the Elementary and Sec6 ondary Education Act of 1965 (ESEA) and section 418A 

7 of the Higher Education Act of 1965, $14,652,541,000, 

8 of which $7,099,907,000 shall become available on July 

9 1, 2007, and shall remain available through September 30, 

10 2008, and of which $7,383,301,000 shall become available 

11 on October 1, 2007, and shall remain available through 

12 September 30, 2008 for academic year 2007–2008: Pro13 vided, That $6,808,408,000 shall be for basic grants 

14 under section 1124 of ESEA: Provided further, That up 

15 to $3,472,000 of these funds shall be available to the Sec16 retary of Education on October 1, 2006, to obtain annu17 ally updated educational-agency-level census poverty data 

18 from the Bureau of the Census: Provided further, That 

19 $1,365,031,000 shall be for concentration grants under 

20 section 1124A of ESEA: Provided further, That 

21 $2,269,843,000 shall be for targeted grants under section 

22 1125 of ESEA: Provided further, That $2,269,843,000 

23 shall be for education finance incentive grants under sec24 tion 1125A of ESEA: Provided further, That $9,330,000 

25 shall be to carry out sections 1501 and 1503: Provided 


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1 further, That $3,000,000 shall be available for section 

2 1608 of the ESEA, of which $1,537,000 shall be available 

3 for a continuation award for the comprehensive school re4 form clearinghouse previously funded under the heading 

5 ‘‘Innovation and Improvement’’ in title III of division F 

6 of Public Law 108–447. 

7 IMPACT AID

8 For carrying out programs of financial assistance to 

9 federally affected schools authorized by title VIII of the 

10 Elementary and Secondary Education Act of 1965, 

11 $1,228,453,000, of which $1,091,867,000 shall be for 

12 basic support payments under section 8003(b) of such 

13 Act, $49,466,000 shall be for payments for children with 

14 disabilities under section 8003(d) of such Act, 

15 $17,820,000 shall be for construction under section 

16 8007(a) of such Act, $64,350,000 shall be for Federal 

17 property payments under section 8002 of such Act, and 

18 $4,950,000, to remain available until expended, shall be 

19 for facilities maintenance under section 8008 of such Act: 

20 Provided, That for purposes of computing the amount of 

21 a payment for an eligible local educational agency under 

22 section 8003(a) of such Act for school year 2006–2007, 

23 children enrolled in a school of such agency that would 

24 otherwise be eligible for payment under section 

25 8003(a)(1)(B) of such Act, but due to the deployment of 


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1 both parents or legal guardians, or a parent or legal 

2 guardian having sole custody of such children, or due to 

3 the death of a military parent or legal guardian while on 

4 active duty (so long as such children reside on Federal 

5 property as described in section 8003(a)(1)(B) of such 

6 Act), are no longer eligible under such section, shall be 

7 considered as eligible students under such section, pro8 vided such students remain in average daily attendance 

9 at a school in the same local educational agency they at10 tended prior to their change in eligibility status. 

11 SCHOOL IMPROVEMENT PROGRAMS

12 For carrying out school improvement activities au13 thorized by title II, part B of title IV, part A and subpart 

14 9 of part D of title V, parts A and B of title VI, and 

15 parts B and C of title VII of the Elementary and Sec16 ondary Education Act of 1965 (ESEA); the McKinney17 Vento Homeless Assistance Act; section 203 of the Edu18 cational Technical Assistance Act of 2002; the Compact 

19 of Free Association Amendments Act of 2003; and the 

20 Civil Rights Act of 1964, $4,764,559,000, of which 

21 $3,296,518,000 shall become available on July 1, 2007, 

22 and remain available through September 30, 2008, and 

23 of which $1,285,000,000 shall become available on Octo24 ber 1, 2007, and shall remain available through September 

25 30, 2008, for academic year 2007–2008: Provided, That 


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1 $407,563,000 shall be for State assessments and related 

2 activities authorized under sections 6111 and 6112 of 

3 ESEA: Provided further, That $56,257,000 shall be avail4 able to carry out section 203 of the Educational Technical 

5 Assistance Act of 2002: Provided further, That 

6 $21,780,000 shall be available to carry out part D of title 

7 V of ESEA: Provided further, That no funds appropriated 

8 under this heading may be used to carry out section 5494 

9 under ESEA: Provided further, That $18,001,000 shall be 

10 available to carry out the Supplemental Education Grants 

11 program for the Federated States of Micronesia and for 

12 the Republic of the Marshall Islands: Provided further, 

13 That up to 5 percent of these amounts may be reserved 

14 by the Federated States of Micronesia and the Republic 

15 of the Marshall Islands to administer the Supplemental 

16 Education Grants programs and to obtain technical assist17 ance, oversight, and consultancy services in the adminis18 tration of these grants and to reimburse the United States 

19 Departments of Labor, Health and Human Services, and 

20 Education for such services. 

21 INDIAN EDUCATION

22 For expenses necessary to carry out, to the extent 

23 not otherwise provided, title VII, part A of the Elementary 

24 and Secondary Education Act of 1965, $118,690,000. 


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1 INNOVATION AND IMPROVEMENT

2 For carrying out activities authorized by part G of 

3 title I, subpart 5 of part A and part C of title II, and 

4 parts B, C, and D of title V of the Elementary and Sec5 ondary Education Act of 1965 (ESEA), $911,413,000, of 

6 which $94,050,000 shall become available on July 1, 2007 

7 and remain available until September 30, 2008: Provided, 

8 That $18,695,000 shall be available to carry out section 

9 2151(c) of ESEA, of which not less than $10,695,000 

10 shall be provided to the National Board for Professional 

11 Teaching Standards, and not less than $8,000,000 shall 

12 be provided to the American Board for the Certification 

13 of Teacher Excellence: Provided further, That from funds 

14 for subpart 4, part C of title II, up to 3 percent shall 

15 be available to the Secretary for technical assistance and 

16 dissemination of information: Provided further, That 

17 $36,611,000 shall be for subpart 2 of part B of title V: 

18 Provided further, That for a participant to receive a sti19 pend or bonus under section 2304 of ESEA, the full-time 

20 employment required by section 2304(a)(1)(B) or section 

21 2304(d)(1), respectively, need not be with a ‘‘high-need’’ 

22 school if it is with a school receiving funds under part A 

23 of title I of ESEA: Provided further, That $282,962,000 

24 shall be available to carry out part D of title V of ESEA, 

25 of which $99,000,000 of the funds for subpart 1 shall be 


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1 for competitive grants to local educational agencies, in2 cluding charter schools that are local educational agencies, 

3 or States, or partnerships of (1) a local educational agen4 cy, a State, or both and (2) at least one non-profit organi5 zation to develop and implement performance-based teach6 er and principal compensation systems in high-need 

7 schools: Provided further, That such performance-based 

8 compensation systems must consider gains in student aca9 demic achievement as well as classroom evaluations con10 ducted multiple times during each school year among 

11 other factors and provide educators with incentives to take 

12 on additional responsibilities and leadership roles: Pro13 vided further, That 5 percent of such funds for competitive 

14 grants shall become available on October 1, 2006, for tech15 nical assistance, training, peer review of applications, pro16 gram outreach, and evaluation activities and that 95 per17 cent shall become available on July 1, 2007, and remain 

18 available through September 30, 2008, for competitive 

19 grants: Provided further, That $78,962,000 of the funds 

20 for subpart 1, part D of title V of ESEA shall be available 

21 for noncompetitive grants, with terms and conditions and 

22 in the amounts specified in the committee report of the 

23 House of Representatives accompanying this Act. 


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1 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

2 For carrying out activities authorized by subpart 3 

3 of part C of title II, part A of title IV, and subparts 2, 

4 3, and 10 of part D of title V of the Elementary and Sec5 ondary Education Act of 1965 (ESEA), $623,627,000, of 

6 which $310,000,000 shall become available on July 1, 

7 2007 and remain available through September 30, 2008: 

8 Provided, That $310,000,000 shall be available for sub9 part 1 of part A of title IV of ESEA and $215,992,000 

10 shall be available for subpart 2 of part A of title IV of 

11 ESEA, of which $5,000,000, to remain available until ex12 pended, shall be for the Project School Emergency Re13 sponse to Violence program to provide education-related 

14 services to local educational agencies in which the learning 

15 environment has been disrupted due to a violent or trau16 matic crisis: Provided further, That $72,635,000 shall be 

17 available to carry out part D of title V of ESEA. 

18 ENGLISH LANGUAGE ACQUISITION

19 For carrying out part A of title III of the Elementary 

20 and Secondary Education Act of 1965, $669,007,000, 

21 which shall become available on July 1, 2007, and shall 

22 remain available through September 30, 2008, except that 

23 6.5 percent of such amount shall be available on October 

24 1, 2006, and shall remain available through September 30, 


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1 2008, to carry out activities under section 3111(c)(1)(C) 

2 of such Act. 

3 SPECIAL EDUCATION

4 For carrying out the Individuals with Disabilities 

5 Education Act (20 U.S.C. 1400 et seq.), $11,753,013,000, 

6 of which $5,526,058,000 shall become available on July 

7 1, 2007, and shall remain available through September 30, 

8 2008, and of which $6,024,200,000 shall become available 

9 on October 1, 2007, and shall remain available through 

10 September 30, 2008, for academic year 2007–2008: Pro11 vided, That $11,880,000 shall be for Recording for the 

12 Blind and Dyslexic, Inc., to support the development, pro13 duction, and circulation of recorded educational materials: 

14 Provided further, That the amount for section 611(b)(2) 

15 of such Act shall be equal to the lesser of the amount 

16 available for that activity during fiscal year 2006, in17 creased by the amount of inflation as specified in section 

18 619(d)(2)(B) of the Act or the percentage increase in the 

19 funds appropriated under section 611(i) of such Act. 

20 REHABILITATION SERVICES AND DISABILITY RESEARCH

21 For carrying out, to the extent not otherwise pro22 vided, the Rehabilitation Act of 1973 (29 U.S.C. 701 et 

23 seq.), the Assistive Technology Act of 1998 (29 U.S.C. 

24 3001 et seq.), and the Helen Keller National Center Act 

25 (29 U.S.C. 1901 et seq.), $3,244,247,000: Provided, That 


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1 $1,735,000 of the funds for section 303 of the Rehabilita2 tion Act of 1973 shall be available for noncompetitive 

3 grants, with terms and conditions and in the amounts 

4 specified in the committee report of the House of Rep5 resentatives accompanying this Act. 

6 SPECIAL INSTITUTIONS FOR PERSONS WITH

7 DISABILITIES

8 AMERICAN PRINTING HOUSE FOR THE BLIND

9 For carrying out the Act of March 3, 1879 (20 

10 U.S.C. 101 et seq.), $18,000,000. 

11 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

12 For the National Technical Institute for the Deaf 

13 under titles I and II of the Education of the Deaf Act 

14 of 1986 (20 U.S.C. 4301 et seq.), $57,000,000: Provided, 

15 That from the total amount available, the Institute may 

16 at its discretion use funds for the endowment program as 

17 authorized under section 207 of such Act. 

18 GALLAUDET UNIVERSITY

19 For the Kendall Demonstration Elementary School, 

20 the Model Secondary School for the Deaf, and the partial 

21 support of Gallaudet University under titles I and II of 

22 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 

23 et seq.), $110,500,000: Provided, That from the total 

24 amount available, the University may at its discretion use 


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1 funds for the endowment program as authorized under 

2 section 207 of such Act. 

3 VOCATIONAL AND ADULT EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, the Carl D. Perkins Vocational and Technical Edu6 cation Act of 1998, the Adult Education and Family Lit7 eracy Act, subpart 4 of part D of title V of the Elementary 

8 and Secondary Education Act of 1965 (ESEA), 

9 $1,925,858,000, of which $1,132,358,000 shall become 

10 available on July 1, 2007, and shall remain available 

11 through September 30, 2008, and of which $791,000,000 

12 shall become available on October 1, 2007, and shall re13 main available through September 30, 2008: Provided, 

14 That of the amount provided for Adult Education State 

15 Grants, $67,896,000 shall be made available for inte16 grated English literacy and civics education services to im17 migrants and other limited English proficient populations: 

18 Provided further, That of the amount reserved for inte19 grated English literacy and civics education, notwith20 standing section 211 of the Adult Education and Family 

21 Literacy Act, 65 percent shall be allocated to States based 

22 on a State’s absolute need as determined by calculating 

23 each State’s share of a 10-year average of the United 

24 States Citizenship and Immigration Services data for im25 migrants admitted for legal permanent residence for the 


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1 10 most recent years, and 35 percent allocated to States 

2 that experienced growth as measured by the average of 

3 the 3 most recent years for which United States Citizen4 ship and Immigration Services data for immigrants admit5 ted for legal permanent residence are available, except 

6 that no State shall be allocated an amount less than 

7 $60,000: Provided further, That of the amounts made 

8 available for the Adult Education and Family Literacy 

9 Act, $9,005,000 shall be for national leadership activities 

10 under section 243 of such Act and $6,572,000 shall be 

11 for the National Institute for Literacy under section 242 

12 of such Act: Provided further, That $50,000,000 shall be 

13 available to support the activities authorized under sub14 part 4 of part D of title V of the Elementary and Sec15 ondary Education Act of 1965, of which up to 5 percent 

16 shall become available October 1, 2006, and shall remain 

17 available through September 30, 2008, for evaluation, 

18 technical assistance, school networks, peer review of appli19 cations, and program outreach activities, and of which not 

20 less than 95 percent shall become available on July 1, 

21 2007, and remain available through September 30, 2008, 

22 for grants to local educational agencies: Provided further, 

23 That funds made available to local educational agencies 

24 under this subpart shall be used only for activities related 

25 to establishing smaller learning communities within large 


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1 high schools or small high schools that provide alternatives 

2 for students enrolled in large high schools. 

3 STUDENT FINANCIAL ASSISTANCE

4 For carrying out subparts 1, 3, and 4 of part A, part 

5 C, and part E of title IV of the Higher Education Act 

6 of 1965, $14,890,745,000, which shall remain available 

7 through September 30, 2008. 

8 The maximum Pell Grant for which a student shall 

9 be eligible during award year 2007–2008 shall be $4,150. 

10 STUDENT AID ADMINISTRATION

11 For Federal administrative expenses to carry out part 

12 D of title I, and subparts 1, 3, and 4 of part A, and parts 

13 B, C, D, and E of title IV of the Higher Education Act 

14 of 1965, $713,720,000, to remain available until ex15 pended. 

16 HIGHER EDUCATION

17 For carrying out, to the extent not otherwise pro18 vided, titles II, III, IV, V, VI, and VII of the Higher Edu19 cation Act of 1965 (HEA), section 1543 of the Higher 

20 Education Amendments of 1992, the Mutual Educational 

21 and Cultural Exchange Act of 1961, title VIII of the 

22 Higher Education Amendments of 1998, and section 117 

23 of the Carl D. Perkins Vocational and Technical Edu24 cation Act, $1,964,203,000: Provided, That $9,699,000, 

25 to remain available through September 30, 2008, shall be 


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1 available to fund fellowships for academic year 2008–2009 

2 under subpart 1 of part A of title VII of the HEA, under 

3 the terms and conditions of such subpart 1: Provided fur4 ther, That notwithstanding any other provision of law or 

5 any regulation, the Secretary of Education shall not re6 quire the use of a restricted indirect cost rate for grants 

7 issued pursuant to section 117 of the Carl D. Perkins Vo8 cational and Technical Education Act of 1998: Provided 

9 further, That $970,000 is for data collection and evalua10 tion activities for programs under the HEA, including 

11 such activities needed to comply with the Government Per12 formance and Results Act of 1993: Provided further, That 

13 notwithstanding any other provision of law, funds made 

14 available in this Act to carry out title VI of the HEA and 

15 section 102(b)(6) of the Mutual Educational and Cultural 

16 Exchange Act of 1961 may be used to support visits and 

17 study in foreign countries by individuals who are partici18 pating in advanced foreign language training and inter19 national studies in areas that are vital to United States 

20 national security and who plan to apply their language 

21 skills and knowledge of these countries in the fields of gov22 ernment, the professions, or international development: 

23 Provided further, That of the funds referred to in the pre24 ceding proviso, up to 1 percent may be used for program 

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1 tion activities: Provided further, That $90,115,000 shall 

2 be available for part B of title VII of the HEA, of which 

3 $68,126,000 shall be available for the projects and in the 

4 amounts specified in the report of the Committee on Ap5 propriations of the House of Representatives accom6 panying this Act: Provided further, That the funds pro7 vided for title II of the HEA shall be allocated notwith8 standing section 210 of such Act. 

9 HOWARD UNIVERSITY

10 For partial support of Howard University (20 U.S.C. 

11 121 et seq.), $237,392,000, of which not less than 

12 $3,600,000 shall be for a matching endowment grant pur13 suant to the Howard University Endowment Act (Public 

14 Law 98–480) and shall remain available until expended. 

15 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

16 PROGRAM ACCOUNT

17 For Federal administrative expenses to carry out ac18 tivities related to existing facility loans pursuant to section 

19 121 of the Higher Education Act of 1965, as amended 

20 $486,000. 

21 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

22 CAPITAL FINANCING PROGRAM ACCOUNT

23 The aggregate principal amount of outstanding bonds 

24 insured pursuant to section 344 of the Higher Education 

25 Act of 1965 shall not exceed $357,000,000, and the cost, 


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1 as defined in section 502 of the Congressional Budget Act 

2 of 1974, of such bonds shall not exceed zero. 

3 For administrative expenses to carry out the Histori4 cally Black College and University Capital Financing Pro5 gram entered into pursuant to part D of title III of the 

6 Higher Education Act of 1965, $190,000. 

7 INSTITUTE OF EDUCATION SCIENCES

8 For carrying out activities authorized by the Edu9 cation Sciences Reform Act of 2002 the National Assess10 ment of Educational Progress Authorization Act, section 

11 208 of the Educational Technical Assistance Act of 2002, 

12 and section 664 of the Individuals with Disabilities Edu13 cation Act, $534,916,000, of which $279,292,000 shall re14 main available until September 30, 2008. 

15 DEPARTMENTAL MANAGEMENT

16 PROGRAM ADMINISTRATION

17 For carrying out, to the extent not otherwise pro18 vided, the Department of Education Organization Act, in19 cluding rental of conference rooms in the District of Co20 lumbia and hire of three passenger motor vehicles, 

21 $423,916,000, of which $2,500,000, to remain available 

22 until expended, shall be for building alterations and re23 lated expenses for the move of Department staff to the 

24 Mary E. Switzer building in Washington, D.C. 


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1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil 

3 Rights, as authorized by section 203 of the Department 

4 of Education Organization Act, $92,866,000. 

5 OFFICE OF THE INSPECTOR GENERAL

6 For expenses necessary for the Office of the Inspector 

7 General, as authorized by section 212 of the Department 

8 of Education Organization Act, $51,000,000. 

9 ADMINISTRATIVE PROVISIONS

10 SEC. 301. No funds appropriated in this Act may be 

11 used for the transportation of students or teachers (or for 

12 the purchase of equipment for such transportation) in 

13 order to overcome racial imbalance in any school or school 

14 system, or for the transportation of students or teachers 

15 (or for the purchase of equipment for such transportation) 

16 in order to carry out a plan of racial desegregation of any 

17 school or school system. 

18 SEC. 302. None of the funds contained in this Act 

19 shall be used to require, directly or indirectly, the trans20 portation of any student to a school other than the school 

21 which is nearest the student’s home, except for a student 

22 requiring special education, to the school offering such 

23 special education, in order to comply with title VI of the 

24 Civil Rights Act of 1964. For the purpose of this section 

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1 cludes the transportation of students to carry out a plan 

2 involving the reorganization of the grade structure of 

3 schools; the pairing of schools; or the clustering of schools; 

4 or any combination of grade restructuring, pairing, or 

5 clustering. The prohibition described in this section does 

6 not include the establishment of magnet schools. 

7 SEC. 303. No funds appropriated in this Act may be 

8 used to prevent the implementation of programs of vol9 untary prayer and meditation in the public schools. 

10 (TRANSFER OF FUNDS) 

11 SEC. 304. Not to exceed 1 percent of any discre12 tionary funds (pursuant to the Balanced Budget and 

13 Emergency Deficit Control Act of 1985) which are appro14 priated for the current fiscal year for the Department of 

15 Education in this Act may be transferred between an ap16 propriation, but no such appropriation shall be increased 

17 by more than 3 percent by any such transfer: Provided, 

18 That an appropriation may be increased by up to an addi19 tional 2 percent subject to approval by the Committees 

20 on Appropriations of the House of Representatives and the 

21 Senate: Provided further, That the transfer authority 

22 granted by this section shall be available only to meet un23 anticipated needs and shall not be used to create any new 

24 program or to fund any project or activity for which no 

25 funds are provided in this Act: Provided further, That the 


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1 Committees on Appropriations are notified at least 15 

2 days in advance of any transfer. 

3 SEC. 305. None of the funds appropriated or other4 wise made available in this Act to the Department of Edu5 cation may be expended in contravention of section 505 

6 of the Illegal Immigration Reform and Immigrant Respon7 sibility Act of 1996 (8 U.S.C. 1623). 

8 TITLE IV—RELATED AGENCIES 

9 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

10 BLIND OR SEVERELY DISABLED

11 SALARIES AND EXPENSES

12 For expenses necessary of the Committee for Pur13 chase From People Who Are Blind or Severely Disabled 

14 established by Public Law 92–28, $4,995,000. 

15 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

16 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

17 EXPENSES

18 For expenses necessary for the Corporation for Na19 tional and Community Service to carry out the provisions 

20 of the Domestic Volunteer Service Act of 1973, 

21 $313,050,000: Provided, That none of the funds made 

22 available to the Corporation for National and Community 

23 Service in this Act for activities authorized by section 122 

24 of part C of title I and part E of title II of the Domestic 

25 Volunteer Service Act of 1973 shall be used to provide 


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1 stipends or other monetary incentives to volunteers or vol2 unteer leaders whose incomes exceed 125 percent of the 

3 national poverty level. 

4 NATIONAL AND COMMUNITY SERVICE PROGRAMS, 

5 OPERATING EXPENSES

6 (INCLUDING TRANSFER OF FUNDS) 

7 For necessary expenses for the Corporation for Na8 tional and Community Service (the Corporation) in car9 rying out programs, activities, and initiatives under the 

10 National and Community Service Act of 1990 (the Act) 

11 (42 U.S.C. 12501 et seq.), $437,457,000, to remain avail12 able until September 30, 2008: Provided, That not more 

13 than $218,060,000 of the amount provided under this 

14 heading shall be available for grants under the National 

15 Service Trust Program authorized under subtitle C of title 

16 I of the Act (42 U.S.C. 12571 et seq.) (relating to activi17 ties of the AmeriCorps program), including grants to orga18 nizations operating projects under the AmeriCorps Edu19 cation Awards Program (without regard to the require20 ments of sections 121(d) and (e), 131(e), 132, and 140(a), 

21 (d), and (e) of the Act): Provided further, That not less 

22 than $124,720,000 of the amount provided under this 

23 heading, to remain available without fiscal year limitation, 

24 shall be transferred to the National Service Trust for edu25 cational awards authorized under subtitle D of title I of 


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1 the Act (42 U.S.C. 12601): Provided further, That in addi2 tion to amounts otherwise provided to the National Service 

3 Trust under the second proviso, the Corporation may 

4 transfer funds from the amount provided under the first 

5 proviso, to the National Service Trust authorized under 

6 subtitle D of title I of the Act (42 U.S.C. 12601) upon 

7 determination that such transfer is necessary to support 

8 the activities of national service participants and after no9 tice is transmitted to Congress: Provided further, That of 

10 the amount provided under this heading for grants under 

11 the National Service Trust program authorized under sub12 title C of title I of the Act, not more than $55,000,000 

13 may be used to administer, reimburse, or support any na14 tional service program authorized under section 121(d)(2) 

15 of such Act (42 U.S.C. 12581(d)(2)): Provided further, 

16 That not more than $3,966,000 shall be available for qual17 ity and innovation activities authorized under subtitle H 

18 of title I of the Act (42 U.S.C. 12853 et seq.): Provided 

19 further, That notwithstanding subtitle H of title I of the 

20 Act (42 U.S.C. 12853), none of the funds provided under 

21 the previous proviso shall be used to support salaries and 

22 related expenses (including travel) attributable to Cor23 poration employees: Provided further, That to the max24 imum extent feasible, funds appropriated under subtitle 

25 C of title I of the Act shall be provided in a manner that 


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1 is consistent with the recommendations of peer review 

2 panels in order to ensure that priority is given to programs 

3 that demonstrate quality, innovation, replicability, and 

4 sustainability: Provided further, That $26,730,000 of the 

5 funds made available under this heading shall be available 

6 for the National Civilian Community Corps authorized 

7 under subtitle E of title I of the Act (42 U.S.C. 12611 

8 et seq.): Provided further, That $34,155,000 shall be avail9 able for school-based and community-based service-learn10 ing programs authorized under subtitle B of title I of the 

11 Act (42 U.S.C. 12521 et seq.): Provided further, That 

12 $2,460,000 shall be available for audits and other evalua13 tions authorized under section 179 of the Act (42 U.S.C. 

14 12639): Provided further, That $9,900,000 of the funds 

15 made available under this heading shall be made available 

16 for the Points of Light Foundation for activities author17 ized under title III of the Act (42 U.S.C. 12661 et seq.), 

18 of which not more than $2,500,000 may be used to sup19 port an endowment fund, the corpus of which shall remain 

20 intact and the interest income from which shall be used 

21 to support activities described in title III of the Act, pro22 vided that the Foundation may invest the corpus and in23 come in federally insured bank savings accounts or com24 parable interest bearing accounts, certificates of deposit, 

25 money market funds, mutual funds, obligations of the 


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1 United States, and other market instruments and securi2 ties but not in real estate investments: Provided further, 

3 That no funds shall be available for national service pro4 grams run by Federal agencies authorized under section 

5 121(b) of such Act (42 U.S.C. 12571(b)): Provided fur6 ther, That $4,950,000 of the funds made available under 

7 this heading shall be made available to America’s Prom8 ise—The Alliance for Youth, Inc.: Provided further, That 

9 to the maximum extent practicable, the Corporation shall 

10 increase significantly the level of matching funds and in11 kind contributions provided by the private sector, and 

12 shall reduce the total Federal costs per participant in all 

13 programs: Provided further, That notwithstanding section 

14 501(a)(4) of the Act, of the funds provided under this 

15 heading, not more than $12,516,000 shall be made avail16 able to provide assistance to State commissions on na17 tional and community service under section 126(a) of the 

18 Act: Provided further, That the Corporation may use up 

19 to 1 percent of program grant funds made available under 

20 this heading to defray its costs of conducting grant appli21 cation reviews, including the use of outside peer reviewers. 

22 SALARIES AND EXPENSES

23 For necessary expenses of administration as provided 

24 under section 501(a)(4) of the National and Community 

25 Service Act of 1990 (42 U.S.C. 12501 et seq.) and under 


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1 section 504(a) of the Domestic Volunteer Service Act of 

2 1973, including payment of salaries, authorized travel, 

3 hire of passenger motor vehicles, the rental of conference 

4 rooms in the District of Columbia, the employment of ex5 perts and consultants authorized under section 3109 of 

6 title 5, United States Code, and not to exceed $2,500 for 

7 official reception and representation expenses, 

8 $67,483,000. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the Inspector General Act of 1978, 

12 $4,950,000, to remain available until September 30, 2007. 

13 ADMINISTRATIVE PROVISIONS

14 SEC. 401. Notwithstanding any other provision of 

15 law, the term ‘‘qualified student loan’’ with respect to na16 tional service education awards shall mean any loan deter17 mined by an institution of higher education to be nec18 essary to cover a student’s cost of attendance at such in19 stitution and made, insured, or guaranteed directly to a 

20 student by a State agency, in addition to other meanings 

21 under section 148(b)(7) of the National and Community 

22 Service Act. 

23 SEC. 402. Notwithstanding any other provision of 

24 law, funds made available under section 129(d)(5)(B) of 

25 the National and Community Service Act to assist entities 


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1 in placing applicants who are individuals with disabilities 

2 may be provided to any entity that receives a grant under 

3 section 121 of the Act. 

4 SEC. 403. The Inspector General of the Corporation 

5 for National and Community Service shall conduct ran6 dom audits of the grantees that administer activities under 

7 the AmeriCorps programs and shall levy sanctions in ac8 cordance with standard Inspector General audit resolution 

9 procedures which include, but are not limited to, debar10 ment of any grantee (or successor in interest or any entity 

11 with substantially the same person or persons in control) 

12 that has been determined to have committed any substan13 tial violations of the requirements of the AmeriCorps pro14 grams, including any grantee that has been determined 

15 to have violated the prohibition of using Federal funds to 

16 lobby the Congress: Provided, That the Inspector General 

17 shall obtain reimbursements in the amount of any misused 

18 funds from any grantee that has been determined to have 

19 committed any substantial violations of the requirements 

20 of the AmeriCorps programs. 

21 SEC. 404. For fiscal year 2007, the Corporation for 

22 National and Community Service shall make any signifi23 cant changes to program requirements or policy only 

24 through public notice and comment rulemaking. For fiscal 

25 year 2007, during any grant selection process, no officer 


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1 or employee of the Corporation shall knowingly disclose 

2 any covered grant selection information regarding such se3 lection, directly or indirectly, to any person other than an 

4 officer or employee of the Corporation that is authorized 

5 by the Corporation to receive such information. 

6 SEC. 405. None of the funds made available to the 

7 Corporation for National and Community Service may be 

8 used to pay a Segal or other educational award in excess 

9 of the maximum Pell Grant award as defined in title III 

10 of this Act. 

11 CORPORATION FOR PUBLIC BROADCASTING

12 Of the amounts made available to the Corporation for 

13 Public Broadcasting for fiscal year 2007 by Public Law 

14 108–447, not to exceed $38,000,000 is available for 

15 grants associated with the transition of public broad16 casters to digital broadcasting, to be awarded as deter17 mined by the Corporation in consultation with public 

18 broadcasting licensees or permittees, or their designated 

19 representatives; and not to exceed $36,000,000 is avail20 able pursuant to section 396(k)(10) of the Communica21 tions Act of 1934 for replacement and upgrade of the pub22 lic television interconnection system: Provided, That sec23 tion 396(k)(3) of the Act shall apply only to amounts re24 maining after the allocations made herein. 


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1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation 

4 and Conciliation Service to carry out the functions vested 

5 in it by the Labor Management Relations Act, 1947 (29 

6 U.S.C. 171–180, 182–183), including hire of passenger 

7 motor vehicles; for expenses necessary for the Labor-Man8 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

9 for expenses necessary for the Service to carry out the 

10 functions vested in it by the Civil Service Reform Act (5 

11 U.S.C. chapter 71), $42,842,000: Provided, That notwith12 standing section 3302 of title 31, United States Code, fees 

13 charged, up to full-cost recovery, for special training ac14 tivities and other conflict resolution services and technical 

15 assistance, including those provided to foreign govern16 ments and international organizations, and for arbitration 

17 services shall be credited to and merged with this account, 

18 and shall remain available until expended: Provided fur19 ther, That fees for arbitration services shall be available 

20 only for education, training, and professional development 

21 of the agency workforce: Provided further, That the Direc22 tor of the Service is authorized to accept and use on behalf 

23 of the United States gifts of services and real, personal, 

24 or other property in the aid of any projects or functions 

25 within the Director’s jurisdiction. 


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1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety 

5 and Health Review Commission (30 U.S.C. 801 et seq.), 

6 $7,731,000. 

7 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

8 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

9 AND ADMINISTRATION

10 For carrying out the Museum and Library Services 

11 Act (20 U.S.C. 961 et seq.), and the National Museum 

12 of African American History and Culture Act (20 U.S.C. 

13 80r et seq.), $280,415,000, of which $18,175,000 shall 

14 be available for noncompetitive grants under the terms 

15 and conditions and in the amounts specified in the com16 mittee report of the House of Representatives accom17 panying this Act, to remain available until expended. 

18 MEDICARE PAYMENT ADVISORY COMMISSION

19 SALARIES AND EXPENSES

20 For expenses necessary to carry out section 1805 of 

21 the Social Security Act, $10,457,000, to be transferred to 

22 this appropriation from the Federal Hospital Insurance 

23 and the Federal Supplementary Medical Insurance Trust 

24 Funds. 


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1 NATIONAL COMMISSION ON LIBRARIES AND

2 INFORMATION SCIENCE

3 SALARIES AND EXPENSES

4 For necessary expenses for the National Commission 

5 on Libraries and Information Science, established by the 

6 Act of July 20, 1970 (Public Law 91–345, as amended), 

7 $983,000. 

8 NATIONAL COUNCIL ON DISABILITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Council on 

11 Disability as authorized by title IV of the Rehabilitation 

12 Act of 1973, $3,180,000. 

13 NATIONAL LABOR RELATIONS BOARD

14 SALARIES AND EXPENSES

15 For expenses necessary for the National Labor Rela16 tions Board to carry out the functions vested in it by the 

17 Labor-Management Relations Act, 1947 (29 U.S.C. 141– 

18 167), and other laws, $249,789,000: Provided, That no 

19 part of this appropriation shall be available to organize 

20 or assist in organizing agricultural laborers or used in con21 nection with investigations, hearings, directives, or orders 

22 concerning bargaining units composed of agricultural la23 borers as referred to in section 2(3) of the Act of July 

24 5, 1935 (29 U.S.C. 152), and as amended by the Labor25 Management Relations Act, 1947 and as defined in section 


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1 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and 

2 including in such definition employees engaged in the 

3 maintenance and operation of ditches, canals, reservoirs, 

4 and waterways when maintained or operated on a mutual, 

5 nonprofit basis and at least 95 percent of the water stored 

6 or supplied thereby is used for farming purposes. 

7 NATIONAL MEDIATION BOARD

8 SALARIES AND EXPENSES

9 For expenses necessary to carry out the provisions 

10 of the Railway Labor Act (45 U.S.C. 151–188), including 

11 emergency boards appointed by the President, 

12 $11,749,000. 

13 OCCUPATIONAL SAFETY AND HEALTH REVIEW

14 COMMISSION

15 SALARIES AND EXPENSES

16 For expenses necessary for the Occupational Safety 

17 and Health Review Commission (29 U.S.C. 661), 

18 $10,510,000. 

19 RAILROAD RETIREMENT BOARD

20 DUAL BENEFITS PAYMENTS ACCOUNT

21 For payment to the Dual Benefits Payments Ac22 count, authorized under section 15(d) of the Railroad Re23 tirement Act of 1974, $88,000,000, which shall include 

24 amounts becoming available in fiscal year 2007 pursuant 

25 to section 224(c)(1)(B) of Public Law 98–76; and in addiVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 tion, an amount, not to exceed 2 percent of the amount 

2 provided herein, shall be available proportional to the 

3 amount by which the product of recipients and the average 

4 benefit received exceeds $88,000,000: Provided, That the 

5 total amount provided herein shall be credited in 12 ap6 proximately equal amounts on the first day of each month 

7 in the fiscal year. 

8 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

9 ACCOUNTS

10 For payment to the accounts established in the 

11 Treasury for the payment of benefits under the Railroad 

12 Retirement Act for interest earned on unnegotiated 

13 checks, $150,000, to remain available through September 

14 30, 2008, which shall be the maximum amount available 

15 for payment pursuant to section 417 of Public Law 98– 

16 76. 

17 LIMITATION ON ADMINISTRATION

18 For necessary expenses for the Railroad Retirement 

19 Board for administration of the Railroad Retirement Act 

20 and the Railroad Unemployment Insurance Act, 

21 $103,518,000, to be derived in such amounts as deter22 mined by the Board from the railroad retirement accounts 

23 and from moneys credited to the railroad unemployment 

24 insurance administration fund. 


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1 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector 

3 General for audit, investigatory and review activities, as 

4 authorized by the Inspector General Act of 1978, not more 

5 than $7,606,000, to be derived from the railroad retire6 ment accounts and railroad unemployment insurance ac7 count: Provided, That none of the funds made available 

8 in any other paragraph of this Act may be transferred to 

9 the Office; used to carry out any such transfer; used to 

10 provide any office space, equipment, office supplies, com11 munications facilities or services, maintenance services, or 

12 administrative services for the Office; used to pay any sal13 ary, benefit, or award for any personnel of the Office; used 

14 to pay any other operating expense of the Office; or used 

15 to reimburse the Office for any service provided, or ex16 pense incurred, by the Office. 

17 SOCIAL SECURITY ADMINISTRATION

18 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

19 For payment to the Federal Old-Age and Survivors 

20 Insurance and the Federal Disability Insurance trust 

21 funds, as provided under sections 201(m), 217(g), 228(g), 

22 and 1131(b)(2) of the Social Security Act, $27,756,000. 

23 SUPPLEMENTAL SECURITY INCOME PROGRAM

24 For carrying out titles XI and XVI of the Social Se25 curity Act, section 401 of Public Law 92–603, section 212 


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1 of Public Law 93–66, as amended, and section 405 of 

2 Public Law 95–216, including payment to the Social Secu3 rity trust funds for administrative expenses incurred pur4 suant to section 201(g)(1) of the Social Security Act, 

5 $29,065,000,000, to remain available until expended: Pro6 vided, That any portion of the funds provided to a State 

7 in the current fiscal year and not obligated by the State 

8 during that year shall be returned to the Treasury. 

9 For making, after June 15 of the current fiscal year, 

10 benefit payments to individuals under title XVI of the So11 cial Security Act, for unanticipated costs incurred for the 

12 current fiscal year, such sums as may be necessary. 

13 For making benefit payments under title XVI of the 

14 Social Security Act for the first quarter of fiscal year 

15 2008, $16,810,000,000, to remain available until ex16 pended. 

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 For necessary expenses, including the hire of two pas19 senger motor vehicles, and not to exceed $15,000 for offi20 cial reception and representation expenses, not more than 

21 $9,175,000,000 may be expended, as authorized by sec22 tion 201(g)(1) of the Social Security Act, from any one 

23 or all of the trust funds referred to therein: Provided, That 

24 not less than $2,000,000 shall be for the Social Security 

25 Advisory Board: Provided further, That unobligated balVerDate Aug 31 2005 04:41 Jun 21, 2006 Jkt 049200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.RH H5647

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1 ances of funds provided under this paragraph at the end 

2 of fiscal year 2007 not needed for fiscal year 2007 shall 

3 remain available until expended to invest in the Social Se4 curity Administration information technology and tele5 communications hardware and software infrastructure, in6 cluding related equipment and non-payroll administrative 

7 expenses associated solely with this information technology 

8 and telecommunications infrastructure: Provided further, 

9 That reimbursement to the trust funds under this heading 

10 for expenditures for official time for employees of the So11 cial Security Administration pursuant to section 7131 of 

12 title 5, United States Code, and for facilities or support 

13 services for labor organizations pursuant to policies, regu14 lations, or procedures referred to in section 7135(b) of 

15 such title shall be made by the Secretary of the Treasury, 

16 with interest, from amounts in the general fund not other17 wise appropriated, as soon as possible after such expendi18 tures are made. 

19 In addition, $117,000,000 to be derived from admin20 istration fees in excess of $5.00 per supplementary pay21 ment collected pursuant to section 1616(d) of the Social 

22 Security Act or section 212(b)(3) of Public Law 93–66, 

23 which shall remain available until expended. To the extent 

24 that the amounts collected pursuant to such sections in 

25 fiscal year 2007 exceed $117,000,000, the amounts shall 


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1 be available in fiscal year 2008 only to the extent provided 

2 in advance in appropriations Acts. 

3 In addition, up to $1,000,000 to be derived from fees 

4 collected pursuant to section 303(c) of the Social Security 

5 Protection Act (Public Law 108–203), which shall remain 

6 available until expended. 

7 OFFICE OF INSPECTOR GENERAL

8 (INCLUDING TRANSFER OF FUNDS) 

9 For expenses necessary for the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, $26,435,000, together with not to 

12 exceed $67,976,000, to be transferred and expended as 

13 authorized by section 201(g)(1) of the Social Security Act 

14 from the Federal Old-Age and Survivors Insurance Trust 

15 Fund and the Federal Disability Insurance Trust Fund. 

16 In addition, an amount not to exceed 3 percent of 

17 the total provided in this appropriation may be transferred 

18 from the ‘‘Limitation on Administrative Expenses’’, Social 

19 Security Administration, to be merged with this account, 

20 to be available for the time and purposes for which this 

21 account is available: Provided, That notice of such trans22 fers shall be transmitted promptly to the Committees on 

23 Appropriations of the House of Representatives and the 

24 Senate. 


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1 TITLE V—GENERAL PROVISIONS 

2 (TRANSFER OF FUNDS)

3 SEC. 501. The Secretaries of Labor, Health and 

4 Human Services, and Education are authorized to transfer 

5 unexpended balances of prior appropriations to accounts 

6 corresponding to current appropriations provided in this 

7 Act: Provided, That such transferred balances are used for 

8 the same purpose, and for the same periods of time, for 

9 which they were originally appropriated. 

10 SEC. 502. No part of any appropriation contained in 

11 this Act shall remain available for obligation beyond the 

12 current fiscal year unless expressly so provided herein. 

13 SEC. 503. (a) No part of any appropriation contained 

14 in this Act shall be used, other than for normal and recog15 nized executive-legislative relationships, for publicity or 

16 propaganda purposes, for the preparation, distribution, or 

17 use of any kit, pamphlet, booklet, publication, radio, tele18 vision, or video presentation designed to support or defeat 

19 legislation pending before the Congress or any State legis20 lature, except in presentation to the Congress or any State 

21 legislature itself. 

22 (b) No part of any appropriation contained in this 

23 Act shall be used to pay the salary or expenses of any 

24 grant or contract recipient, or agent acting for such recipi25 ent, related to any activity designed to influence legislation 


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1 or appropriations pending before the Congress or any 

2 State legislature. 

3 SEC. 504. The Secretaries of Labor and Education 

4 are authorized to make available not to exceed $28,000 

5 and $20,000, respectively, from funds available for sala6 ries and expenses under titles I and III, respectively, for 

7 official reception and representation expenses; the Direc8 tor of the Federal Mediation and Conciliation Service is 

9 authorized to make available for official reception and rep10 resentation expenses not to exceed $5,000 from the funds 

11 available for ‘‘Salaries and expenses, Federal Mediation 

12 and Conciliation Service’’; and the Chairman of the Na13 tional Mediation Board is authorized to make available for 

14 official reception and representation expenses not to ex15 ceed $5,000 from funds available for ‘‘Salaries and ex16 penses, National Mediation Board’’. 

17 SEC. 505. Notwithstanding any other provision of 

18 this Act, no funds appropriated in this Act shall be used 

19 to carry out any program of distributing sterile needles 

20 or syringes for the hypodermic injection of any illegal 

21 drug. 

22 SEC. 506. When issuing statements, press releases, 

23 requests for proposals, bid solicitations and other docu24 ments describing projects or programs funded in whole or 

25 in part with Federal money, all grantees receiving Federal 


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1 funds included in this Act, including but not limited to 

2 State and local governments and recipients of Federal re3 search grants, shall clearly state— 

4 (1) the percentage of the total costs of the pro5 gram or project which will be financed with Federal 

6 money; 

7 (2) the dollar amount of Federal funds for the 

8 project or program; and 

9 (3) percentage and dollar amount of the total 

10 costs of the project or program that will be financed 

11 by non-governmental sources. 

12 SEC. 507. (a) None of the funds appropriated in this 

13 Act, and none of the funds in any trust fund to which 

14 funds are appropriated in this Act, shall be expended for 

15 any abortion. 

16 (b) None of the funds appropriated in this Act, and 

17 none of the funds in any trust fund to which funds are 

18 appropriated in this Act, shall be expended for health ben19 efits coverage that includes coverage of abortion. 

20 (c) The term ‘‘health benefits coverage’’ means the 

21 package of services covered by a managed care provider 

22 or organization pursuant to a contract or other arrange23 ment. 

24 SEC. 508. (a) The limitations established in the pre25 ceding section shall not apply to an abortion— 


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1 (1) if the pregnancy is the result of an act of 

2 rape or incest; or 

3 (2) in the case where a woman suffers from a 

4 physical disorder, physical injury, or physical illness, 

5 including a life-endangering physical condition 

6 caused by or arising from the pregnancy itself, that 

7 would, as certified by a physician, place the woman 

8 in danger of death unless an abortion is performed. 

9 (b) Nothing in the preceding section shall be con10 strued as prohibiting the expenditure by a State, locality, 

11 entity, or private person of State, local, or private funds 

12 (other than a State’s or locality’s contribution of Medicaid 

13 matching funds). 

14 (c) Nothing in the preceding section shall be con15 strued as restricting the ability of any managed care pro16 vider from offering abortion coverage or the ability of a 

17 State or locality to contract separately with such a pro18 vider for such coverage with State funds (other than a 

19 State’s or locality’s contribution of Medicaid matching 

20 funds). 

21 (d)(1) None of the funds made available in this Act 

22 may be made available to a Federal agency or program, 

23 or to a State or local government, if such agency, program, 

24 or government subjects any institutional or individual 

25 health care entity to discrimination on the basis that the 


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1 health care entity does not provide, pay for, provide cov2 erage of, or refer for abortions. 

3 (2) In this subsection, the term ‘‘health care entity’’ 

4 includes an individual physician or other health care pro5 fessional, a hospital, a provider-sponsored organization, a 

6 health maintenance organization, a health insurance plan, 

7 or any other kind of health care facility, organization, or 

8 plan. 

9 SEC. 509. (a) None of the funds made available in 

10 this Act may be used for— 

11 (1) the creation of a human embryo or embryos 

12 for research purposes; or 

13 (2) research in which a human embryo or em14 bryos are destroyed, discarded, or knowingly sub15 jected to risk of injury or death greater than that 

16 allowed for research on fetuses in utero under 45 

17 CFR 46.204(b) and section 498(b) of the Public 

18 Health Service Act (42 U.S.C. 289g(b)). 

19 (b) For purposes of this section, the term ‘‘human 

20 embryo or embryos’’ includes any organism, not protected 

21 as a human subject under 45 CFR 46 as of the date of 

22 the enactment of this Act, that is derived by fertilization, 

23 parthenogenesis, cloning, or any other means from one or 

24 more human gametes or human diploid cells. 


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1 SEC. 510. (a) None of the funds made available in 

2 this Act may be used for any activity that promotes the 

3 legalization of any drug or other substance included in 

4 schedule I of the schedules of controlled substances estab5 lished under section 202 of the Controlled Substances Act 

6 (21 U.S.C. 812) except for normal and recognized execu7 tive-congressional communications. 

8 (b) The limitation in subsection (a) shall not apply 

9 when there is significant medical evidence of a therapeutic 

10 advantage to the use of such drug or other substance or 

11 that federally sponsored clinical trials are being conducted 

12 to determine therapeutic advantage. 

13 SEC. 511. None of the funds made available in this 

14 Act may be used to promulgate or adopt any final stand15 ard under section 1173(b) of the Social Security Act (42 

16 U.S.C. 1320d–2(b)) providing for, or providing for the as17 signment of, a unique health identifier for an individual 

18 (except in an individual’s capacity as an employer or a 

19 health care provider), until legislation is enacted specifi20 cally approving the standard. 

21 SEC. 512. None of the funds made available in this 

22 Act may be obligated or expended to enter into or renew 

23 a contract with an entity if— 

24 (1) such entity is otherwise a contractor with 

25 the United States and is subject to the requirement 


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1 in section 4212(d) of title 38, United States Code, 

2 regarding submission of an annual report to the Sec3 retary of Labor concerning employment of certain 

4 veterans; and 

5 (2) such entity has not submitted a report as 

6 required by that section for the most recent year for 

7 which such requirement was applicable to such enti8 ty. 

9 SEC. 513. None of the funds made available in this 

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government, except 

12 pursuant to a transfer made by, or transfer authority pro13 vided in, this Act or any other appropriation Act. 

14 SEC. 514. None of the funds made available by this 

15 Act to carry out the Library Services and Technology Act 

16 may be made available to any library covered by para17 graph (1) of section 224(f) of such Act (20 U.S.C. 

18 9134(f)), as amended by the Children’s Internet Protec19 tions Act, unless such library has made the certifications 

20 required by paragraph (4) of such section. 

21 SEC. 515. None of the funds made available by this 

22 Act to carry out part D of title II of the Elementary and 

23 Secondary Education Act of 1965 may be made available 

24 to any elementary or secondary school covered by para25 graph (1) of section 2441(a) of such Act (20 U.S.C. 


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1 6777(a)), as amended by the Children’s Internet Protec2 tions Act and the No Child Left Behind Act, unless the 

3 local educational agency with responsibility for such cov4 ered school has made the certifications required by para5 graph (2) of such section. 

6 SEC. 516. None of the funds appropriated in this Act 

7 may be used to enter into an arrangement under section 

8 7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C. 

9 231f(b)(4)) with a nongovernmental financial institution 

10 to serve as disbursing agent for benefits payable under 

11 the Railroad Retirement Act of 1974. 

12 SEC. 517. (a) None of the funds provided under this 

13 Act, or provided under previous appropriations Acts to the 

14 agencies funded by this Act that remain available for obli15 gation or expenditure in fiscal year 2007, or provided from 

16 any accounts in the Treasury of the United States derived 

17 by the collection of fees available to the agencies funded 

18 by this Act, shall be available for obligation or expenditure 

19 through a reprogramming of funds that— 

20 (1) creates new programs; 

21 (2) eliminates a program, project, or activity; 

22 (3) increases funds or personnel by any means 

23 for any project or activity for which funds have been 

24 denied or restricted; 

25 (4) relocates an office or employees; 


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1 (5) reorganizes or renames offices; 

2 (6) reorganizes programs or activities; or 

3 (7) contracts out or privatizes any functions or 

4 activities presently performed by Federal employees; 

5 unless the Committees on Appropriations of the House of 

6 Representatives and the Senate are notified 15 days in 

7 advance of such reprogramming or of an announcement 

8 of intent relating to such reprogramming, whichever oc9 curs earlier. 

10 (b) None of the funds provided under this Act, or 

11 provided under previous appropriations Acts to the agen12 cies funded by this Act that remain available for obligation 

13 or expenditure in fiscal year 2007, or provided from any 

14 accounts in the Treasury of the United States derived by 

15 the collection of fees available to the agencies funded by 

16 this Act, shall be available for obligation or expenditure 

17 through a reprogramming of funds in excess of $500,000 

18 or 10 percent, whichever is less, that— 

19 (1) augments existing programs, projects (in20 cluding construction projects), or activities; 

21 (2) reduces by 10 percent funding for any exist22 ing program, project, or activity, or numbers of per23 sonnel by 10 percent as approved by Congress; or 

24 (3) results from any general savings from a re25 duction in personnel which would result in a change 


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1 in existing programs, activities, or projects as ap2 proved by Congress; 

3 unless the Committees on Appropriations are notified 15 

4 days in advance of such reprogramming or of an an5 nouncement of intent relating to such reprogramming, 

6 whichever occurs earlier. 

7 SEC. 518. (a) None of the funds made available in 

8 this Act may be used to request that a candidate for ap9 pointment to a Federal scientific advisory committee dis10 close the political affiliation or voting history of the can11 didate or the position that the candidate holds with re12 spect to political issues not directly related to and nec13 essary for the work of the committee involved. 

14 (b) None of the funds made available in this Act may 

15 be used to disseminate scientific information that is delib16 erately false or misleading. 

17 SEC. 519. Each Department and related agency fund18 ed through this Act shall submit an operating plan within 

19 45 days of enactment which details any reprogramming 

20 of funds between object classes or between accounts (to 

21 the extent permitted in statute), which will result in a 

22 funding allocation that is different than that specified in 

23 the Act, the accompanying detailed table, or the 2007 

24 Budget Request. 


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1 SEC. 520. Notwithstanding any other provision in 

2 this Act, no funds provided in this Act shall be repro3 grammed or transferred from the accounts, object classes 

4 or the original purposes for which funds were provided to 

5 the government-wide ‘‘E-Gov Initiative’’, without an ap6 proval reprogramming request from the Committees on 

7 Appropriations of the House of Representatives and the 

8 Senate. Any request to reprogram funds shall include a 

9 detailed explanation of which funded activities will be de10 layed or terminated and demonstrate the direct benefits 

11 to the office or program that will result from the re12 programming to the ‘‘E-Gov Initiative’’. The reprogram13 ming request shall also include a certification by the lead 

14 career staff person for the office or program that the di15 rect benefits to that office or program resulting from the 

16 transfer of funds to the E-Gov Initiative exceed the direct 

17 benefits that would occur from the use of funds for the 

18 purposes originally provided. 

19 SEC. 521. No funds in this Act shall be used to de20 velop or participate in the development of a Program As21 sessment Rating Tool (PART) analysis or study unless the 

22 Committee on Appropriations of the House of Representa23 tives, in consultation with the Committee on Government 

24 Reform of the House of Representatives, and the Com25 mittee on Appropriations of the Senate have approved the 


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1 use of funds, the PART study to be conducted, the data 

2 bases which will be used for determining the score, and 

3 the methodology to be employed for the rating of the pro4 gram, including the relative weights to be applied to the 

5 four factors used in establishing numerical and summary 

6 ratings. 

7 SEC. 522. All departments and related agencies shall, 

8 in developing their fiscal year 2008 budget requests, pro9 vide congressional justifications in the traditional format 

10 in accordance with the guidance provided in the report of 

11 the Committee on Appropriations of the House of Rep12 resentatives accompanying this Act. No funds in this Act 

13 may be used to develop alternative congressional justifica14 tions. may be used to develop alternative congressional 

15 justifications. 

16 SEC. 523. None of the funds made available by this 

17 Act shall be used in contravention of the Federal buildings 

18 performance and reporting requirements of Executive 

19 Order 13123, part 3 of title V of the National Energy 

20 Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub21 title A of title I of the Energy Policy Act of 2005 (includ22 ing the amendments made thereby). 

23 SEC. 524. None of the funds appropriated by this Act 

24 may be used by the Commissioner of Social Security or 

25 the Social Security Administration to develop guidelines, 


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1 policies, or procedures, or to pay the compensation of em2 ployees of the Social Security Administration, to admin3 ister Social Security benefit payments, under any agree4 ment between the United States and any other country 

5 establishing totalization arrangements between the social 

6 security system established by title II of the Social Secu7 rity Act and the social security system of any other coun8 try, which would be inconsistent with existing statutory 

9 law. 

10 SEC. 525. (a) MINIMUM WAGE.—Section 6(a)(1) of 

11 the Fair Labor Standards Act of 1938 (29 U.S.C. 

12 206(a)(1)) is amended— 

13 (1) by striking ‘‘and not less than $5.15 an 

14 hour’’ and inserting ‘‘not less than $5.15 an hour’’; 

15 and 

16 (2) by inserting before the semicolon at the end 

17 the following: ‘‘, not less than $5.85 an hour begin18 ning on January 1, 2007, not less than $6.55 an 

19 hour beginning on January 1, 2008, and not less 

20 than $7.25 an hour beginning on January 1, 2009’’. 

21 (a) APPLICABILITY OF MINIMUM WAGE TO THE COM22 MONWEALTH OF THE NORTHERN MARIANA ISLANDS.— 

23 (1) Section 6 of the Fair Labor Standards Act of 1938 

24 (29 U.S.C. 206) shall apply to the Commonwealth of the 

25 Northern Mariana Islands. 


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1 (2) Notwithstanding paragraph (1), the minimum 

2 wage applicable to the Commonwealth of the Northern 

3 Mariana Islands under section 6(a)(1) of the Fair Labor 

4 Standards Act of 1938 (29 U.S.C. 206(a)(1))— 

5 (A) shall be $3.55 an hour, beginning on 

6 the 60th day after the date of enactment of this 

7 Act; and 

8 (B) shall be increased by $0.50 an hour 

9 (or such lesser amount as may be necessary to 

10 equal the minimum wage under section 6(a)(1) 

11 of the Fair Labor Standards Act of 1938), be12 ginning 6 months after the date of enactment 

13 of this Act and every 6 months thereafter until 

14 the minimum wage applicable to the Common15 wealth of the Northern Mariana Islands under 

16 this subsection is equal to the minimum wage 

17 set forth in such section. 

18 This Act may be cited as the ‘‘Departments of Labor, 

19 Health and Human Services, and Education, and Related 

20 Agencies Appropriations Act, 2007’’. 


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Union Calendar No. 289 

109TH CONGRESS 

2D SESSION H. R. 5647 

[Report No. 109

–515] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2007, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduJUNE 20, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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