IIB 

109TH CONGRESS 

1ST SESSION H. R. 3010 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2005 

Received; read twice and referred to the Committee on Appropriations 

AN ACT 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2006, 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, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Departments of Labor, Health and Human Services, and 

4 Education, and Related Agencies for the fiscal year ending 

5 September 30, 2006, and for other purposes, namely: 

6 TITLE I—DEPARTMENT OF LABOR 

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 (INCLUDING RESCISSIONS)

10 For necessary expenses of the Workforce Investment 

11 Act of 1998, including the purchase and hire of passenger 

12 motor vehicles, the construction, alteration, and repair of 

13 buildings and other facilities, and the purchase of real 

14 property for training centers as authorized by such Act; 

15 $2,658,792,000 (increased by $58,000,000) plus reim16 bursements, of which $1,708,792,000 is available for obli17 gation for the period July 1, 2006, through June 30, 

18 2007; except that amounts determined by the Secretary 

19 of Labor to be necessary pursuant to sections 

20 173(a)(4)(A) and 174(c) of such Act shall be available 

21 from October 1, 2005, until expended; and of which 

22 $950,000,000 is available for obligation for the period 

23 April 1, 2006, through June 30, 2007, to carry out chap24 ter 4 of such Act: Provided, That notwithstanding any 

25 other provision of law, of the funds provided herein under 
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1 section 137(c) of such Act of 1998, $212,000,000 shall 

2 be for activities described in section 132(a)(2)(A) of such 

3 Act and $1,193,264,000 shall be for activities described 

4 in section 132(a)(2)(B) of such Act: Provided further, 

5 That $125,000,000 shall be available for Community6 Based Job Training Grants: Provided further, That 

7 $7,936,000 shall be for carrying out section 172 of such 

8 Act: Provided further, That, notwithstanding any other 

9 provision of law or related regulation, $75,759,000 shall 

10 be for carrying out section 167 of such Act, including 

11 $71,213,000 for formula grants, $4,546,000 for migrant 

12 and seasonal housing (of which not less than 70 percent 

13 shall be for permanent housing), and $500,000 for other 

14 discretionary purposes: Provided further, That notwith15 standing the transfer limitation under section 133(b)(4) 

16 of such Act, up to 30 percent of such funds may be trans17 ferred by a local board if approved by the Governor: Pro18 vided further, That funds provided to carry out section 

19 171(d) of such Act may be used for demonstration 

20 projects that provide assistance to new entrants in the 

21 workforce and incumbent workers: Provided further, That 

22 no funds from any other appropriation shall be used to 

23 provide meal services at or for Job Corps centers. 

24 For necessary expenses of the Workforce Investment 

25 Act of 1998, including the purchase and hire of passenger 
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1 motor vehicles, the construction, alteration, and repair of 

2 buildings and other facilities, and the purchase of real 

3 property for training centers as authorized by the Act; 

4 $2,463,000,000 plus reimbursements, of which 

5 $2,363,000,000 is available for obligation for the period 

6 October 1, 2006, through June 30, 2007, and of which 

7 $100,000,000 is available for the period October 1, 2006, 

8 through June 30, 2009, for necessary expenses of con9 struction, rehabilitation, and acquisition of Job Corps cen10 ters. 

11 Of the funds provided under this heading in division 

12 G of Public Law 108–7 to carry out section 173(a)(4)(A) 

13 of the Workforce Investment Act of 1998, $20,000,000 

14 is rescinded. 

15 Of the funds provided under this heading in division 

16 B of Public Law 107–117, $5,000,000 is rescinded. 

17 Of the funds provided under this heading in division 

18 F of Public Law 108–447 for Community-Based Job 

19 Training Grants, $125,000,000 is rescinded. 

20 The Secretary of Labor shall take no action to 

21 amend, through regulatory or administration action, the 

22 definition established in 20 CFR 667.220 for functions 

23 and activities under title I of the Workforce Investment 

24 Act of 1998 until such time as legislation reauthorizing 

25 the Act is enacted. 
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1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

2 AMERICANS

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

4 1965, as amended, $436,678,000. 

5 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

6 For payments during the current fiscal year of trade 

7 adjustment benefit payments and allowances under part 

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

9 search and relocation, and related State administrative ex10 penses under part II of chapter 2, title II of the Trade 

11 Act of 1974 (including the benefits and services described 

12 under sections 123(c)(2) and 151 (b) and (c) of the Trade 

13 Adjustment Assistance Reform Act of 2002, Public Law 

14 107–210), $966,400,000, together with such amounts as 

15 may be necessary to be charged to the subsequent appro16 priation for payments for any period subsequent to Sep17 tember 15 of the current year. 

18 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

19 SERVICE OPERATIONS

20 For authorized administrative expenses, 

21 $130,985,000, together with not to exceed 

22 $3,299,381,000 (including not to exceed $1,228,000 

23 which may be used for amortization payments to States 

24 which had independent retirement plans in their State em25 ployment service agencies prior to 1980 and including 
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1 $10,000,000 which may be used to conduct in-person re2 employment and eligibility assessments of unemployment 

3 insurance beneficiaries in one-stop career centers), which 

4 may be expended from the Employment Security Adminis5 tration Account in the Unemployment Trust Fund includ6 ing the cost of administering section 51 of the Internal 

7 Revenue Code of 1986, as amended, section 7(d) of the 

8 Wagner-Peyser Act, as amended, the Trade Act of 1974, 

9 as amended, the Immigration Act of 1990, and the Immi10 gration and Nationality Act, as amended, and of which 

11 the sums available in the allocation for activities author12 ized by title III of the Social Security Act, as amended 

13 (42 U.S.C. 502–504), and the sums available in the alloca14 tion for necessary administrative expenses for carrying out 

15 5 U.S.C. 8501–8523, shall be available for obligation by 

16 the States through December 31, 2006, except that funds 

17 used for automation acquisitions shall be available for obli18 gation by the States through September 30, 2008; of 

19 which $130,985,000, together with not to exceed 

20 $672,700,000 of the amount which may be expended from 

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

22 period July 1, 2006, through June 30, 2007, to fund ac23 tivities under the Act of June 6, 1933, as amended, in24 cluding the cost of penalty mail authorized under 39 

25 U.S.C. 3202(a)(1)(E) made available to States in lieu of 
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1 allotments for such purpose: Provided, That to the extent 

2 that the Average Weekly Insured Unemployment (AWIU) 

3 for fiscal year 2006 is projected by the Department of 

4 Labor to exceed 2,984,000, an additional $28,600,000 

5 shall be available for obligation for every 100,000 increase 

6 in the AWIU level (including a pro rata amount for any 

7 increment less than 100,000) from the Employment Secu8 rity Administration Account of the Unemployment Trust 

9 Fund: Provided further, That funds appropriated in this 

10 Act which are used to establish a national one-stop career 

11 center system, or which are used to support the national 

12 activities of the Federal-State unemployment insurance or 

13 immigration programs, may be obligated in contracts, 

14 grants or agreements with non-State entities: Provided 

15 further, That funds appropriated under this Act for activi16 ties authorized under the Wagner-Peyser Act, as amended, 

17 and title III of the Social Security Act, may be used by 

18 the States to fund integrated Employment Service and 

19 Unemployment Insurance automation efforts, notwith20 standing cost allocation principles prescribed under Office 

21 of Management and Budget Circular A–87. 

22 In addition to amounts made available above, and 

23 subject to the same terms and conditions, $10,000,000 to 

24 conduct in-person reemployment and eligibility assess25 ments of unemployment insurance beneficiaries in one- 
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1 stop career centers, and $30,000,000 to prevent and de2 tect fraudulent unemployment benefits claims filed using 

3 personal information stolen from unsuspecting workers: 

4 Provided, That not later than 180 days following the end 

5 of fiscal year 2006, the Secretary shall provide a report 

6 to the Congress which includes: 

7 (1) the amount spent for in-person reemploy8 ment and eligibility assessments of UI beneficiaries 

9 in One-Stop Career Centers, as well as funds made 

10 available and expended to prevent and detect fraudu11 lent claims for unemployment benefits filed using 

12 workers’ stolen personal information; 

13 (2) the number of scheduled in-person reem14 ployment and eligibility assessments, the number of 

15 individuals who failed to appear for scheduled as16 sessments, actions taken as a result of individuals 

17 not appearing for an assessment (e.g., benefits ter18 minated), results of assessments (e.g., referred to re19 employment services, found in compliance with pro20 gram requirements), estimated savings resulting 

21 from cessation of benefits, and estimated savings as 

22 a result of accelerated reemployment; and 

23 (3) the estimated number of UI benefit claims 

24 filed using stolen identification that are discovered 

25 at the time of initial filing, with an estimate of the 
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1 resulting savings; and the estimated number of ID 

2 theft-related continued claims stopped, with an esti3 mate of the amount paid on such fraudulent claims 

4 and an estimate of the resulting savings from their 

5 termination. 

6 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

7 OTHER FUNDS

8 For repayable advances to the Unemployment Trust 

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

10 Social Security Act, as amended, and to the Black Lung 

11 Disability Trust Fund as authorized by section 9501(c)(1) 

12 of the Internal Revenue Code of 1954, as amended; and 

13 for nonrepayable advances to the Unemployment Trust 

14 Fund as authorized by section 8509 of title 5, United 

15 States Code, and to the ‘‘Federal unemployment benefits 

16 and allowances’’ account, to remain available until Sep17 tember 30, 2007, $465,000,000. 

18 In addition, for making repayable advances to the 

19 Black Lung Disability Trust Fund in the current fiscal 

20 year after September 15, 2006, for costs incurred by the 

21 Black Lung Disability Trust Fund in the current fiscal 

22 year, such sums as may be necessary. 

23 PROGRAM ADMINISTRATION

24 For expenses of administering employment and train25 ing programs, $118,123,000, together with not to exceed 
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1 $87,988,000, which may be expended from the Employ2 ment Security Administration Account in the Unemploy3 ment Trust Fund: Provided, That not to exceed 

4 $3,000,000 shall be available for contracts that are not 

5 competitively bid. 

6 WORKERS COMPENSATION PROGRAMS

7 (RESCISSION)

8 Of the funds provided under this heading in the 

9 Emergency Supplemental Act, 2002 (Public Law 107– 

10 117, division B), $120,000,000 is rescinded. 

11 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses for the Employee Benefits 

14 Security Administration, $137,000,000. 

15 PENSION BENEFIT GUARANTY CORPORATION

16 PENSION BENEFIT GUARANTY CORPORATION FUND

17 The Pension Benefit Guaranty Corporation is author18 ized to make such expenditures, including financial assist19 ance authorized by section 104 of Public Law 96–364, 

20 within limits of funds and borrowing authority available 

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

22 such contracts and commitments without regard to fiscal 

23 year limitations as provided by section 104 of the Govern24 ment Corporation Control Act, as amended (31 U.S.C. 

25 9104), as may be necessary in carrying out the program, 
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1 including associated administrative expenses, through 

2 September 30, 2006, for such Corporation: Provided, That 

3 none of the funds available to the Corporation for fiscal 

4 year 2006 shall be available for obligations for administra5 tive expenses in excess of $296,977,728: Provided further, 

6 That obligations in excess of such amount may be incurred 

7 after approval by the Office of Management and Budget 

8 and the Committees on Appropriations of the House and 

9 Senate. 

10 EMPLOYMENT STANDARDS ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Employment Stand13 ards Administration, including reimbursement to State, 

14 Federal, and local agencies and their employees for inspec15 tion services rendered, $414,284,000, together with 

16 $2,048,000 which may be expended from the Special Fund 

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

18 Longshore and Harbor Workers’ Compensation Act: Pro19 vided, That the Secretary of Labor is authorized to estab20 lish and, in accordance with 31 U.S.C. 3302, collect and 

21 deposit in the Treasury fees for processing applications 

22 and issuing certificates under sections 11(d) and 14 of the 

23 Fair Labor Standards Act of 1938, as amended (29 

24 U.S.C. 211(d) and 214) and for processing applications 

25 and issuing registrations under title I of the Migrant and 
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1 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

2 1801 et seq.). 

3 SPECIAL BENEFITS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the payment of compensation, benefits, and ex6 penses (except administrative expenses) accruing during 

7 the current or any prior fiscal year authorized by title 5, 

8 chapter 81 of the United States Code; continuation of ben9 efits as provided for under the heading ‘‘Civilian War Ben10 efits’’ in the Federal Security Agency Appropriation Act, 

11 1947; the Employees’ Compensation Commission Appro12 priation Act, 1944; sections 4(c) and 5(f) of the War 

13 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per14 cent of the additional compensation and benefits required 

15 by section 10(h) of the Longshore and Harbor Workers’ 

16 Compensation Act, as amended, $237,000,000, together 

17 with such amounts as may be necessary to be charged to 

18 the subsequent year appropriation for the payment of 

19 compensation and other benefits for any period subse20 quent to August 15 of the current year: Provided, That 

21 amounts appropriated may be used under section 8104 of 

22 title 5, United States Code, by the Secretary of Labor to 

23 reimburse an employer, who is not the employer at the 

24 time of injury, for portions of the salary of a reemployed, 

25 disabled beneficiary: Provided further, That balances of re-
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1 imbursements unobligated on September 30, 2005, shall 

2 remain available until expended for the payment of com3 pensation, benefits, and expenses: Provided further, That 

4 in addition there shall be transferred to this appropriation 

5 from the Postal Service and from any other corporation 

6 or instrumentality required under section 8147(c) of title 

7 5, United States Code, to pay an amount for its fair share 

8 of the cost of administration, such sums as the Secretary 

9 determines to be the cost of administration for employees 

10 of such fair share entities through September 30, 2006: 

11 Provided further, That of those funds transferred to this 

12 account from the fair share entities to pay the cost of ad13 ministration of the Federal Employees’ Compensation Act, 

14 $45,001,000 shall be made available to the Secretary as 

15 follows: 

16 (1) for enhancement and maintenance of auto17 mated data processing systems and telecommuni18 cations systems, $13,305,000; 

19 (2) for automated workload processing oper20 ations, including document imaging, centralized mail 

21 intake and medical bill processing, $18,454,000; 

22 (3) for periodic roll management and medical 

23 review, $13,242,000; and 

24 (4) the remaining funds shall be paid into the 

25 Treasury as miscellaneous receipts: 
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1 Provided further, That the Secretary may require that any 

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

3 under chapter 81 of title 5, United States Code, or 33 

4 U.S.C. 901 et seq., provide as part of such notice and 

5 claim, such identifying information (including Social Secu6 rity account number) as such regulations may prescribe. 

7 SPECIAL BENEFITS FOR DISABLED COAL MINERS

8 For carrying out title IV of the Federal Mine Safety 

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

10 275, (the ‘‘Act’’), $232,250,000, to remain available until 

11 expended. 

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

13 benefit payments to individuals under title IV of the Act, 

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

15 as may be necessary. 

16 For making benefit payments under title IV for the 

17 first quarter of fiscal year 2007, $74,000,000, to remain 

18 available until expended. 

19 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

20 OCCUPATIONAL ILLNESS COMPENSATION FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to administer the Energy 

23 Employees Occupational Illness Compensation Act, 

24 $96,081,000, to remain available until expended: Pro25 vided, That the Secretary of Labor is authorized to trans26 fer to any executive agency with authority under the En-
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1 ergy Employees Occupational Illness Compensation Act, 

2 including within the Department of Labor, such sums as 

3 may be necessary in fiscal year 2006 to carry out those 

4 authorities: Provided further, That the Secretary may re5 quire that any person filing a claim for benefits under the 

6 Act provide as part of such claim, such identifying infor7 mation (including Social Security account number) as may 

8 be prescribed. 

9 BLACK LUNG DISABILITY TRUST FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 In fiscal year 2006 and thereafter, such sums as may 

12 be necessary from the Black Lung Disability Trust Fund, 

13 to remain available until expended, for payment of all ben14 efits authorized by section 9501(d) (1), (2), (4), and (7) 

15 of the Internal Revenue Code of 1954, as amended; and 

16 interest on advances, as authorized by section 9501(c)(2) 

17 of that Act. In addition, the following amounts shall be 

18 available from the Fund for fiscal year 2006 for expenses 

19 of operation and administration of the Black Lung Bene20 fits program, as authorized by section 9501(d)(5): 

21 $33,050,000 for transfer to the Employment Standards 

22 Administration ‘‘Salaries and Expenses’’; $24,239,000 for 

23 transfer to Departmental Management, ‘‘Salaries and Ex24 penses’’; $344,000 for transfer to Departmental Manage25 ment, ‘‘Office of Inspector General’’; and $356,000 for 
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1 payments into miscellaneous receipts for the expenses of 

2 the Department of the Treasury. 

3 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Occupational Safety 

6 and Health Administration, $477,199,000, including not 

7 to exceed $92,013,000 which shall be the maximum 

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

9 of the Occupational Safety and Health Act (the ‘‘Act’’), 

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

11 of State occupational safety and health programs required 

12 to be incurred under plans approved by the Secretary 

13 under section 18 of the Act; and, in addition, notwith14 standing 31 U.S.C. 3302, the Occupational Safety and 

15 Health Administration may retain up to $750,000 per fis16 cal year of training institute course tuition fees, otherwise 

17 authorized by law to be collected, and may utilize such 

18 sums for occupational safety and health training and edu19 cation grants: Provided, That, notwithstanding 31 U.S.C. 

20 3302, the Secretary of Labor is authorized, during the fis21 cal year ending September 30, 2006, to collect and retain 

22 fees for services provided to Nationally Recognized Test23 ing Laboratories, and may utilize such sums, in accord24 ance with the provisions of 29 U.S.C. 9a, to administer 

25 national and international laboratory recognition pro-
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1 grams that ensure the safety of equipment and products 

2 used by workers in the workplace: Provided further, That 

3 none of the funds appropriated under this paragraph shall 

4 be obligated or expended to prescribe, issue, administer, 

5 or enforce any standard, rule, regulation, or order under 

6 the Act which is applicable to any person who is engaged 

7 in a farming operation which does not maintain a tem8 porary labor camp and employs 10 or fewer employees: 

9 Provided further, That no funds appropriated under this 

10 paragraph shall be obligated or expended to administer or 

11 enforce any standard, rule, regulation, or order under the 

12 Act with respect to any employer of 10 or fewer employees 

13 who is included within a category having a Days Away, 

14 Restricted, or Transferred (DART) occupational injury 

15 and illness rate, at the most precise industrial classifica16 tion code for which such data are published, less than the 

17 national average rate as such rates are most recently pub18 lished by the Secretary, acting through the Bureau of 

19 Labor Statistics, in accordance with section 24 of that Act 

20 (29 U.S.C. 673), except— 

21 (1) to provide, as authorized by such Act, con22 sultation, technical assistance, educational and train23 ing services, and to conduct surveys and studies; 

24 (2) to conduct an inspection or investigation in 

25 response to an employee complaint, to issue a cita-
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1 tion for violations found during such inspection, and 

2 to assess a penalty for violations which are not cor3 rected within a reasonable abatement period and for 

4 any willful violations found; 

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

6 with respect to imminent dangers; 

7 (4) to take any action authorized by such Act 

8 with respect to health hazards; 

9 (5) to take any action authorized by such Act 

10 with respect to a report of an employment accident 

11 which is fatal to one or more employees or which re12 sults in hospitalization of two or more employees, 

13 and to take any action pursuant to such investiga14 tion authorized by such Act; and 

15 (6) to take any action authorized by such Act 

16 with respect to complaints of discrimination against 

17 employees for exercising rights under such Act: 

18 Provided further, That the foregoing proviso shall not 

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

20 which does not maintain a temporary labor camp and em21 ploys 10 or fewer employees: Provided further, That not 

22 less than $3,200,000 shall be used to extend funding for 

23 the Institutional Competency Building training grants 

24 which commenced in September 2000, for program activi25 ties for the period of September 30, 2006, to September 
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1 30, 2007, provided that a grantee has demonstrated satis2 factory performance: Provided further, That none of the 

3 funds appropriated under this paragraph shall be obli4 gated or expended to administer or enforce the provisions 

5 of 29 CFR 1910.134(f)(2) (General Industry Respiratory 

6 Protection Standard) to the extent that such provisions 

7 require the annual fit testing (after the initial fit testing) 

8 of respirators for occupational exposure to tuberculosis. 

9 MINE SAFETY AND HEALTH ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses for the Mine Safety and 

12 Health Administration, $280,490,000, including purchase 

13 and bestowal of certificates and trophies in connection 

14 with mine rescue and first-aid work, and the hire of pas15 senger motor vehicles, including up to $2,000,000 for 

16 mine rescue and recovery activities; in addition, not to ex17 ceed $750,000 may be collected by the National Mine 

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

19 the sale of training materials, otherwise authorized by law 

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

21 education and training activities, notwithstanding 31 

22 U.S.C. 3302; and, in addition, the Mine Safety and Health 

23 Administration may retain up to $1,000,000 from fees col24 lected for the approval and certification of equipment, ma25 terials, and explosives for use in mines, and may utilize 
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1 such sums for such activities; the Secretary is authorized 

2 to accept lands, buildings, equipment, and other contribu3 tions from public and private sources and to prosecute 

4 projects in cooperation with other agencies, Federal, 

5 State, or private; the Mine Safety and Health Administra6 tion is authorized to promote health and safety education 

7 and training in the mining community through cooperative 

8 programs with States, industry, and safety associations; 

9 the Secretary is authorized to recognize the Joseph A. 

10 Holmes Safety Association as a principal safety associa11 tion and, notwithstanding any other provision of law, may 

12 provide funds and, with or without reimbursement, per13 sonnel, including service of Mine Safety and Health Ad14 ministration officials as officers in local chapters or in the 

15 national organization; and any funds available to the de16 partment may be used, with the approval of the Secretary, 

17 to provide for the costs of mine rescue and survival oper18 ations in the event of a major disaster. 

19 BUREAU OF LABOR STATISTICS

20 SALARIES AND EXPENSES

21 For necessary expenses for the Bureau of Labor Sta22 tistics, including advances or reimbursements to State, 

23 Federal, and local agencies and their employees for serv24 ices rendered, $464,678,000, together with not to exceed 

25 $77,845,000, which may be expended from the Employ-
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1 ment Security Administration Account in the Unemploy2 ment Trust Fund, of which $5,000,000 may be used to 

3 fund the mass layoff statistics program under section 15 

4 of the Wagner-Peyser Act (29 U.S.C. 49l–2). 

5 OFFICE OF DISABILITY EMPLOYMENT POLICY

6 SALARIES AND EXPENSES

7 For necessary expenses for the Office of Disability 

8 Employment Policy to provide leadership, develop policy 

9 and initiatives, and award grants furthering the objective 

10 of eliminating barriers to the training and employment of 

11 people with disabilities, $27,934,000. 

12 DEPARTMENTAL MANAGEMENT

13 SALARIES AND EXPENSES

14 For necessary expenses for Departmental Manage15 ment, including the hire of three sedans, $244,112,000 of 

16 which $6,944,000 to remain available until September 30, 

17 2007, is for Frances Perkins Building Security Enhance18 ments, and $29,760,000 is for the acquisition of Depart19 mental information technology, architecture, infrastruc20 ture, equipment, software and related needs, which will be 

21 allocated by the Department’s Chief Information Officer 

22 in accordance with the Department’s capital investment 

23 management process to assure a sound investment strat24 egy; together with not to exceed $311,000, which may be 
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1 expended from the Employment Security Administration 

2 Account in the Unemployment Trust Fund. 

3 VETERANS EMPLOYMENT AND TRAINING

4 Not to exceed $194,834,000 (increased by 

5 $5,000,000) may be derived from the Employment Secu6 rity Administration Account in the Unemployment Trust 

7 Fund to carry out the provisions of 38 U.S.C. 4100–4113, 

8 4211–4215, and 4321–4327, and Public Law 103–353, 

9 and which shall be available for obligation by the States 

10 through December 31, 2006, of which $1,984,000 (in11 creased by $500,000) is for the National Veterans’ Em12 ployment and Training Services Institute. To carry out 

13 the Homeless Veterans Reintegration Programs (38 

14 U.S.C. 2021) and the Veterans Workforce Investment 

15 Programs (29 U.S.C. 2913), $29,500,000 (increased by 

16 $3,000,000), of which $7,500,000 shall be available for 

17 obligation for the period July 1, 2006, through June 30, 

18 2007. 

19 OFFICE OF INSPECTOR GENERAL

20 For salaries and expenses of the Office of Inspector 

21 General in carrying out the provisions of the Inspector 

22 General Act of 1978, as amended, $65,211,000, together 

23 with not to exceed $5,608,000, which may be expended 

24 from the Employment Security Administration Account in 

25 the Unemployment Trust Fund. 
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1 WORKING CAPITAL FUND

2 For the acquisition of a new core accounting system 

3 for the Department of Labor, including hardware and 

4 software infrastructure and the costs associated with im5 plementation thereof, $6,230,000. 

6 GENERAL PROVISIONS 

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

8 for the Job Corps shall be used to pay the compensation 

9 of an individual, either as direct costs or any proration 

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

11 II. 

12 (TRANSFER OF FUNDS)

13 SEC. 102. Not to exceed 1 percent of any discre14 tionary funds (pursuant to the Balanced Budget and 

15 Emergency Deficit Control Act of 1985, as amended) 

16 which are appropriated for the current fiscal year for the 

17 Department of Labor in this Act may be transferred be18 tween appropriations, but no such appropriation shall be 

19 increased by more than 3 percent by any such transfer: 

20 Provided, That an appropriation may be increased by up 

21 to an additional 2 percent subject to approval by the 

22 House and Senate Committees on Appropriations: Pro23 vided further, That the transfer authority granted by this 

24 section shall be available only to meet emergency needs 

25 and shall not be used to create any new program or to 

26 fund any project or activity for which no funds are pro-
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1 vided in this Act: Provided further, That the Appropria2 tions Committees of both Houses of Congress are notified 

3 at least 15 days in advance of any transfer. 

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

5 13126, none of the funds appropriated or otherwise made 

6 available pursuant to this Act shall be obligated or ex7 pended for the procurement of goods mined, produced, 

8 manufactured, or harvested or services rendered, whole or 

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

10 and host countries already identified by the United States 

11 Department of Labor prior to enactment of this Act. 

12 SEC. 104. For purposes of chapter 8 of division B 

13 of the Department of Defense and Emergency Supple14 mental Appropriations for Recovery from and Response 

15 to Terrorist Attacks on the United States Act, 2002 (Pub16 lic Law 107–117), payments made by the New York 

17 Workers’ Compensation Board to the New York Crime 

18 Victims Board and the New York State Insurance Fund 

19 before the date of the enactment of this Act shall be 

20 deemed to have been made for workers compensation pro21 grams. 

22 This title may be cited as the ‘‘Department of Labor 

23 Appropriations Act, 2006’’. 
25 

HR 3010 RFS 

1 TITLE II—DEPARTMENT OF HEALTH AND 

2 HUMAN SERVICES 

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

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

6 XIX, and XXVI of the Public Health Service Act, section 

7 427(a) of the Federal Coal Mine Health and Safety Act, 

8 title V and sections 1128E, 711, and 1820 of the Social 

9 Security Act, the Health Care Quality Improvement Act 

10 of 1986, as amended, the Native Hawaiian Health Care 

11 Act of 1988, as amended, the Cardiac Arrest Survival Act 

12 of 2000, and the Poison Control Center Enhancement and 

13 Awareness Act, as amended, and for expenses necessary 

14 to support activities related to countering potential biologi15 cal, disease, nuclear, radiological and chemical threats to 

16 civilian populations, $6,446,357,000, of which 

17 $39,180,000 from general revenues, notwithstanding sec18 tion 1820(j) of the Social Security Act, shall be available 

19 for carrying out the Medicare rural hospital flexibility 

20 grants program under section 1820 of such Act: Provided, 

21 That of the funds made available under this heading, 

22 $222,000 shall be available until expended for facilities 

23 renovations at the Gillis W. Long Hansen’s Disease Cen24 ter: Provided further, That in addition to fees authorized 

25 by section 427(b) of the Health Care Quality Improvement 
26 

HR 3010 RFS 

1 Act of 1986, fees shall be collected for the full disclosure 

2 of information under the Act sufficient to recover the full 

3 costs of operating the National Practitioner Data Bank, 

4 and shall remain available until expended to carry out that 

5 Act: Provided further, That fees collected for the full dis6 closure of information under the ‘‘Health Care Fraud and 

7 Abuse Data Collection Program’’, authorized by section 

8 1128E(d)(2) of the Social Security Act, shall be sufficient 

9 to recover the full costs of operating the program, and 

10 shall remain available until expended to carry out that 

11 Act: Provided further, That $26,000,000 of the funding 

12 provided for Health Centers shall be used for high-need 

13 counties, notwithstanding section 330(s)(2)(B) of the 

14 Public Health Service Act: Provided further, That no more 

15 than $45,000,000 is available until expended for carrying 

16 out the provisions of Public Law 104–73: Provided further, 

17 That of the funds made available under this heading, 

18 $285,963,000 shall be for the program under title X of 

19 the Public Health Service Act to provide for voluntary 

20 family planning projects: Provided further, That amounts 

21 provided to said projects under such title shall not be ex22 pended for abortions, that all pregnancy counseling shall 

23 be nondirective, and that such amounts shall not be ex24 pended for any activity (including the publication or dis25 tribution of literature) that in any way tends to promote 
27 

HR 3010 RFS 

1 public support or opposition to any legislative proposal or 

2 candidate for public office: Provided further, That 

3 $797,521,000 shall be for State AIDS Drug Assistance 

4 Programs authorized by section 2616 of the Public Health 

5 Service Act: Provided further, That in addition to amounts 

6 provided herein, $25,000,000 shall be available from 

7 amounts available under section 241 of the Public Health 

8 Service Act to carry out Parts A, B, C, and D of title 

9 XXVI of the Public Health Service Act to fund section 

10 2691 Special Projects of National Significance: Provided 

11 further, That, notwithstanding section 502(a)(1) of the 

12 Social Security Act, not to exceed $116,124,000 is avail13 able for carrying out special projects of regional and na14 tional significance pursuant to section 501(a)(2) of such 

15 Act. 

16 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

17 ACCOUNT

18 Such sums as may be necessary to carry out the pur19 pose of the program, as authorized by title VII of the Pub20 lic Health Service Act, as amended. For administrative ex21 penses to carry out the guaranteed loan program, includ22 ing section 709 of the Public Health Service Act, 

23 $2,916,000. 
28 

HR 3010 RFS 

1 VACCINE INJURY COMPENSATION PROGRAM TRUST

2 FUND

3 For payments from the Vaccine Injury Compensation 

4 Program Trust Fund, such sums as may be necessary for 

5 claims associated with vaccine-related injury or death with 

6 respect to vaccines administered after September 30, 

7 1988, pursuant to subtitle 2 of title XXI of the Public 

8 Health Service Act, to remain available until expended: 

9 Provided, That for necessary administrative expenses, not 

10 to exceed $3,500,000 shall be available from the Trust 

11 Fund to the Secretary of Health and Human Services. 

12 CENTERS FOR DISEASE CONTROL AND PREVENTION

13 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

16 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal 

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

18 22 of the Occupational Safety and Health Act of 1970, 

19 title IV of the Immigration and Nationality Act, and sec20 tion 501 of the Refugee Education Assistance Act of 1980, 

21 and for expenses necessary to support activities related to 

22 countering potential biological, disease, nuclear, radio23 logical and chemical threats to civilian populations; includ24 ing purchase and insurance of official motor vehicles in 

25 foreign countries; and purchase, hire, maintenance, and 
29 

HR 3010 RFS 

1 operation of aircraft, $5,945,991,000, of which 

2 $30,000,000 shall remain available until expended for 

3 equipment, and construction and renovation of facilities; 

4 of which $30,000,000 of the amounts available for immu5 nization activities shall remain available until expended; 

6 of which $530,000,000 shall remain available until ex7 pended for the Strategic National Stockpile; and of which 

8 $123,883,000 for international HIV/AIDS shall remain 

9 available until September 30, 2007. In addition, such 

10 sums as may be derived from authorized user fees, which 

11 shall be credited to this account: Provided, That in addi12 tion to amounts provided herein, the following amounts 

13 shall be available from amounts available under section 

14 241 of the Public Health Service Act: 

15 (1) $12,794,000 to carry out the National Im16 munization Surveys; 

17 (2) $3,516,000 to carry out the National Cen18 ter for Health Statistics surveys; 

19 (3) $24,751,000 to carry out information sys20 tems standards development and architecture and 

21 applications-based research used at local public 

22 health levels; 

23 (4) $463,000 for Health Marketing evaluations; 

24 (5) $31,000,000 to carry out Public Health Re25 search; and 
30 

HR 3010 RFS 

1 (6) $87,071,000 to carry out research activities 

2 within the National Occupational Research Agenda: 

3 Provided further, That none of the funds made available 

4 for injury prevention and control at the Centers for Dis5 ease Control and Prevention may be used, in whole or in 

6 part, to advocate or promote gun control: Provided further, 

7 That up to $30,000,000 shall be made available until ex8 pended for Individual Learning Accounts for full-time 

9 equivalent employees of the Centers for Disease Control 

10 and Prevention: Provided further, That the Director may 

11 redirect the total amount made available under authority 

12 of Public Law 101–502, section 3, dated November 3, 

13 1990, to activities the Director may so designate: Provided 

14 further, That the Congress is to be notified promptly of 

15 any such transfer: Provided further, That not to exceed 

16 $12,500,000 may be available for making grants under 

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

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

19 further, That without regard to existing statute, funds ap20 propriated may be used to proceed, at the discretion of 

21 the Centers for Disease Control and Prevention, with 

22 property acquisition, including a long-term ground lease 

23 for construction on non-Federal land, to support the con24 struction of a replacement laboratory in the Fort Collins, 

25 Colorado area: Provided further, That of the funds appro-
31 

HR 3010 RFS 

1 priated, $10,000 is for official reception and representa2 tion expenses when specifically approved by the Director 

3 of the Centers for Disease Control and Prevention: Pro4 vided further, That employees of the Centers for Disease 

5 Control and Prevention or the Public Health Service, both 

6 civilian and Commissioned Officers, detailed to States, 

7 municipalities, or other organizations under authority of 

8 section 214 of the Public Health Service Act for purposes 

9 related to homeland security, shall be treated as non-Fed10 eral employees for reporting purposes only and shall not 

11 be included within any personnel ceiling applicable to the 

12 Agency, Service, or the Department of Health and Human 

13 Services during the period of detail or assignment. 

14 NATIONAL INSTITUTES OF HEALTH

15 NATIONAL CANCER INSTITUTE

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to cancer, 

18 $4,841,774,000, of which up to $8,000,000 may be used 

19 for facilities repairs and improvements at the NCI-Fred20 erick Federally Funded Research and Development Center 

21 in Frederick, Maryland. 

22 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to cardiovascular, lung, 
32 

HR 3010 RFS 

1 and blood diseases, and blood and blood products, 

2 $2,951,270,000. 

3 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

4 RESEARCH

5 For carrying out section 301 and title IV of the Pub6 lic Health Service Act with respect to dental disease, 

7 $393,269,000. 

8 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE

9 AND KIDNEY DISEASES

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to diabetes and diges12 tive and kidney disease, $1,722,146,000. 

13 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

14 AND STROKE

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to neurological dis17 orders and stroke, $1,550,260,000. 

18 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

19 DISEASES

20 For carrying out section 301 and title IV of the Pub21 lic Health Service Act with respect to allergy and infec22 tious diseases, $4,359,395,000: Provided, That up to 

23 $30,000,000 shall be for extramural facilities construction 

24 grants to enhance the Nation’s capability to do research 

25 on biological and other agents. 
33 

HR 3010 RFS 

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, $1,955,170,000. 

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, $1,277,544,000. 

10 NATIONAL EYE INSTITUTE

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

13 visual disorders, $673,491,000. 

14 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

15 SCIENCES

16 For carrying out sections 301 and 311 and title IV 

17 of the Public Health Service Act with respect to environ18 mental health sciences, $647,608,000. 

19 NATIONAL INSTITUTE ON AGING

20 For carrying out section 301 and title IV of the Pub21 lic Health Service Act with respect to aging, 

22 $1,057,203,000. 
34 

HR 3010 RFS 

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, $513,063,000. 

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, $397,432,000. 

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 $138,729,000. 

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, $440,333,000. 

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 $1,010,130,000. 
35 

HR 3010 RFS 

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 $1,417,692,000. 

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, $490,959,000. 

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, $299,808,000. 

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, $1,100,203,000: 

18 Provided, That none of these funds shall be used to pay 

19 recipients of the general research support grants program 

20 any amount for indirect expenses in connection with such 

21 grants. 
36 

HR 3010 RFS 

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, $122,692,000. 

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, $197,379,000. 

11 JOHN E. FOGARTY INTERNATIONAL CENTER

12 For carrying out the activities at the John E. 

13 Fogarty International Center, $67,048,000. 

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, $318,091,000, of which $4,000,000 shall 

18 be available until expended for improvement of informa19 tion systems: Provided, That in fiscal year 2006, 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 
37 

HR 3010 RFS 

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, $482,216,000, 

8 of which up to $10,000,000 shall be used to carry out sec9 tion 217 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 Congress is promptly noti18 fied of the transfer: Provided further, That the National 

19 Institutes of Health is authorized to collect third party 

20 payments for the cost of clinical services that are incurred 

21 in National Institutes of Health research facilities and 

22 that such payments shall be credited to the National Insti23 tutes of Health Management Fund: Provided further, That 

24 all funds credited to the National Institutes of Health 

25 Management Fund shall remain available for 1 fiscal year 
38 

HR 3010 RFS 

1 after the fiscal year in which they are deposited: Provided 

2 further, That up to $500,000 shall be available to carry 

3 out section 499 of the Public Health Service Act: Provided 

4 further, That in addition to the transfer authority provided 

5 above, a uniform percentage of the amounts appropriated 

6 in this Act to each Institute and Center may be trans7 ferred and utilized for the National Institutes of Health 

8 Roadmap for Medical Research: Provided further, That the 

9 amount utilized under the preceding proviso shall not ex10 ceed $250,000,000 without prior notification to the Com11 mittees 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 Roadmap 

15 for Medical Research from the Director’s Discretionary 

16 Fund and to any amounts allocated to activities related 

17 to the Roadmap through the normal research priority-set18 ting process of individual Institutes and Centers: Provided 

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

20 official reception and representation expenses when spe21 cifically approved by the Director of NIH. 

22 BUILDINGS AND FACILITIES

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

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

25 National Institutes of Health, including the acquisition of 
39 

HR 3010 RFS 

1 real property, $81,900,000, to remain available until ex2 pended. 

3 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

4 ADMINISTRATION

5 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

6 For carrying out titles V and XIX of the Public 

7 Health Service Act (‘‘PHS Act’’) with respect to substance 

8 abuse and mental health services, the Protection and Ad9 vocacy for Individuals with Mental Illness Act, and section 

10 301 of the PHS Act with respect to program management, 

11 $3,230,744,000: Provided, That notwithstanding section 

12 520A(f)(2) of the PHS Act, no funds appropriated for car13 rying out section 520A are available for carrying out sec14 tion 1971 of the PHS Act: Provided further, That in addi15 tion to amounts provided herein, the following amounts 

16 shall be available under section 241 of the PHS Act: 

17 (1) $79,200,000 to carry out subpart II of part 

18 B of title XIX of the PHS Act to fund section 

19 1935(b) technical assistance, national data, data col20 lection and evaluation activities, and further that the 

21 total available under this Act for section 1935(b) ac22 tivities shall not exceed 5 percent of the amounts ap23 propriated for subpart II of part B of title XIX; 

24 (2) $21,803,000 to carry out subpart I of part 

25 B of title XIX of the PHS Act to fund section 
40 

HR 3010 RFS 

1 1920(b) technical assistance, national data, data col2 lection and evaluation activities, and further that the 

3 total available under this Act for section 1920(b) ac4 tivities shall not exceed 5 percent of the amounts ap5 propriated for subpart I of part B of title XIX; 

6 (3) $16,000,000 to carry out national surveys 

7 on drug abuse; and 

8 (4) $4,300,000 to evaluate substance abuse 

9 treatment programs. 

10 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

11 HEALTHCARE RESEARCH AND QUALITY

12 For carrying out titles III and IX of the Public 

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

14 Security Act, $318,695,000; and in addition, amounts re15 ceived from Freedom of Information Act fees, reimburs16 able and interagency agreements, and the sale of data 

17 shall be credited to this appropriation and shall remain 

18 available until expended: Provided, That no amount shall 

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

20 Health Service Act for fiscal year 2006. 

21 CENTERS FOR MEDICARE AND MEDICAID SERVICES

22 GRANTS TO STATES FOR MEDICAID

23 For carrying out, except as otherwise provided, titles 

24 XI and XIX of the Social Security Act, $156,954,419,000, 

25 to remain available until expended. 
41 

HR 3010 RFS 

1 For making, after May 31, 2006, payments to States 

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

3 quarter of fiscal year 2006 for unanticipated costs, in4 curred for the current fiscal year, such sums as may be 

5 necessary. 

6 For making payments to States or in the case of sec7 tion 1928 on behalf of States under title XIX of the Social 

8 Security Act for the first quarter of fiscal year 2007, 

9 $62,783,825,000, to remain available until expended. 

10 Payment under title XIX may be made for any quar11 ter with respect to a State plan or plan amendment in 

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

13 quarter and approved in that or any subsequent quarter. 

14 PAYMENTS TO HEALTH CARE TRUST FUNDS

15 For payment to the Federal Hospital Insurance and 

16 the Federal Supplementary Medical Insurance Trust 

17 Funds, as provided under section 1844, 1860D–16, and 

18 1860D–31 of the Social Security Act, sections 103(c) and 

19 111(d) of the Social Security Amendments of 1965, sec20 tion 278(d) of Public Law 97–248, and for administrative 

21 expenses incurred pursuant to section 201(g) of the Social 

22 Security Act, $177,742,200,000. 

23 In addition, for making matching payments under 

24 section 1844, and benefit payments under 1860D–16 and 
42 

HR 3010 RFS 

1 1860D–31 of the Social Security Act, not anticipated in 

2 budget estimates, such sums as may be necessary. 

3 PROGRAM MANAGEMENT

4 For carrying out, except as otherwise provided, titles 

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

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

7 the Clinical Laboratory Improvement Amendments of 

8 1988, not to exceed $3,180,284,000, to be transferred 

9 from the Federal Hospital Insurance and the Federal Sup10 plementary Medical Insurance Trust Funds, as authorized 

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

12 all funds collected in accordance with section 353 of the 

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

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

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

16 remain available until expended: Provided, That all funds 

17 derived in accordance with 31 U.S.C. 9701 from organiza18 tions established under title XIII of the Public Health 

19 Service Act shall be credited to and available for carrying 

20 out the purposes of this appropriation: Provided further, 

21 That $24,205,000, to remain available until September 

22 30, 2007, is for contract costs for CMS’s Systems Revital23 ization Plan: Provided further, That $79,934,000, to re24 main available until September 30, 2007, is for contract 

25 costs for the Healthcare Integrated General Ledger Ac-
43 

HR 3010 RFS 

1 counting System: Provided further, That funds appro2 priated under this heading are available for the Healthy 

3 Start, Grow Smart program under which the Centers for 

4 Medicare and Medicaid Services may, directly or through 

5 grants, contracts, or cooperative agreements, produce and 

6 distribute informational materials including, but not lim7 ited to, pamphlets and brochures on infant and toddler 

8 health care to expectant parents enrolled in the Medicaid 

9 program and to parents and guardians enrolled in such 

10 program with infants and children: Provided further, That 

11 the Secretary of Health and Human Services is directed 

12 to collect fees in fiscal year 2006 from Medicare Advan13 tage organizations pursuant to section 1857(e)(2) of the 

14 Social Security Act and from eligible organizations with 

15 risk-sharing contracts under section 1876 of that Act pur16 suant to section 1876(k)(4)(D) of that Act. 

17 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

18 GUARANTEE FUND

19 For carrying out subsections (d) and (e) of section 

20 1308 of the Public Health Service Act, any amounts re21 ceived by the Secretary in connection with loans and loan 

22 guarantees under title XIII of the Public Health Service 

23 Act, to be available without fiscal year limitation for the 

24 payment of outstanding obligations. During fiscal year 
44 

HR 3010 RFS 

1 2006, no commitments for direct loans or loan guarantees 

2 shall be made. 

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), $2,121,643,000, to remain available until 

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

11 fiscal year 2007, $1,200,000,000, 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 before the ef16 fective date of the program of Temporary Assistance for 

17 Needy Families (TANF) with respect to such State, such 

18 sums as may be necessary: Provided, That the sum of the 

19 amounts available to a State with respect to expenditures 

20 under such title IV–A in fiscal year 1997 under this ap21 propriation and under such title IV–A as amended by the 

22 Personal Responsibility and Work Opportunity Reconcili23 ation Act of 1996 shall not exceed the limitations under 

24 section 116(b) of such Act. 
45 

HR 3010 RFS 

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 title XXVI of the Omni10 bus Budget Reconciliation Act of 1981, $1,984,799,000 

11 (increased by $22,000,000). 

12 REFUGEE AND ENTRANT ASSISTANCE

13 For necessary expenses for refugee and entrant as14 sistance activities and for costs associated with the care 

15 and placement of unaccompanied alien children authorized 

16 by title IV of the Immigration and Nationality Act and 

17 section 501 of the Refugee Education Assistance Act of 

18 1980 (Public Law 96–422), for carrying out section 462 

19 of the Homeland Security Act of 2002 (Public Law 107– 

20 296), and for carrying out the Torture Victims Relief Act 

21 of 2003 (Public Law 108–179), $560,919,000, of which 

22 up to $9,915,000 shall be available to carry out the Traf23 ficking Victims Protection Act of 2003 (Public Law 108– 

24 193): Provided, That funds appropriated under this head25 ing pursuant to section 414(a) of the Immigration and 
46 

HR 3010 RFS 

1 Nationality Act and section 462 of the Homeland Security 

2 Act of 2002 for fiscal year 2006 shall be available for the 

3 costs of assistance provided and other activities to remain 

4 available through September 30, 2008. 

5 PAYMENTS TO STATES FOR THE CHILD CARE AND

6 DEVELOPMENT BLOCK GRANT

7 For carrying out sections 658A through 658R of the 

8 Omnibus Budget Reconciliation Act of 1981 (The Child 

9 Care and Development Block Grant Act of 1990), 

10 $2,082,910,000 shall be used to supplement, not supplant 

11 State general revenue funds for child care assistance for 

12 low-income families: Provided, That $18,967,040 shall be 

13 available for child care resource and referral and school14 aged child care activities, of which $992,000 shall be for 

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

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

17 by the States under section 658G, $270,490,624 shall be 

18 reserved by the States for activities authorized under sec19 tion 658G, of which $99,200,000 shall be for activities 

20 that improve the quality of infant and toddler care: Pro21 vided further, That $9,920,000 shall be for use by the Sec22 retary for child care research, demonstration, and evalua23 tion activities. 
47 

HR 3010 RFS 

1 SOCIAL SERVICES BLOCK GRANT

2 For making grants to States pursuant to section 

3 2002 of the Social Security Act, $1,700,000,000: Pro4 vided, That notwithstanding subparagraph (B) of section 

5 404(d)(2) of such Act, the applicable percent specified 

6 under such subparagraph for a State to carry out State 

7 programs pursuant to title XX of such Act shall be 10 

8 percent. 

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 For carrying out, except as otherwise provided, the 

11 Runaway and Homeless Youth Act, the Developmental 

12 Disabilities Assistance and Bill of Rights Act, the Head 

13 Start Act, the Child Abuse Prevention and Treatment Act, 

14 sections 310 and 316 of the Family Violence Prevention 

15 and Services Act, as amended, the Native American Pro16 grams Act of 1974, title II of Public Law 95–266 (adop17 tion opportunities), the Adoption and Safe Families Act 

18 of 1997 (Public Law 105–89), sections 1201 and 1211 

19 of the Children’s Health Act of 2000, the Abandoned In20 fants Assistance Act of 1988, sections 261 and 291 of the 

21 Help America Vote Act of 2002, part B(1) of title IV and 

22 sections 413, 429A, 1110, and 1115 of the Social Security 

23 Act, and sections 40155, 40211, and 40241 of Public Law 

24 103–322; for making payments under the Community 

25 Services Block Grant Act, sections 439(h), 473A, and 
48 

HR 3010 RFS 

1 477(i) of the Social Security Act, and title IV of Public 

2 Law 105–285, and for necessary administrative expenses 

3 to carry out said Acts and titles I, IV, V, X, XI, XIV, 

4 XVI, and XX of the Social Security Act, the Act of July 

5 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili6 ation Act of 1981, title IV of the Immigration and Nation7 ality Act, section 501 of the Refugee Education Assistance 

8 Act of 1980, sections 40155, 40211, and 40241 of Public 

9 Law 103–322, and section 126 and titles IV and V of 

10 Public Law 100–485, $8,688,707,000, of which 

11 $31,846,000, to remain available until September 30, 

12 2007, shall be for grants to States for adoption incentive 

13 payments, as authorized by section 473A of title IV of the 

14 Social Security Act (42 U.S.C. 670–679) and may be 

15 made for adoptions completed before September 30, 2006: 

16 Provided, That $6,899,000,000 shall be for making pay17 ments under the Head Start Act, of which $1,400,000,000 

18 shall become available October 1, 2006, and remain avail19 able through September 30, 2007: Provided further, That 

20 $384,672,000 shall be for making payments under the 

21 Community Services Block Grant Act: Provided further, 

22 That not less than $7,242,000 shall be for section 

23 680(3)(B) of the Community Services Block Grant Act: 

24 Provided further, That in addition to amounts provided 

25 herein, $8,000,000 shall be available from amounts avail-
49 

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1 able under section 241 of the Public Health Service Act 

2 to carry out the provisions of section 1110 of the Social 

3 Security Act: Provided further, That to the extent Commu4 nity Services Block Grant funds are distributed as grant 

5 funds by a State to an eligible entity as provided under 

6 the Act, and have not been expended by such entity, they 

7 shall remain with such entity for carryover into the next 

8 fiscal year for expenditure by such entity consistent with 

9 program purposes: Provided further, That the Secretary 

10 shall establish procedures regarding the disposition of in11 tangible property which permits grant funds, or intangible 

12 assets acquired with funds authorized under section 680 

13 of the Community Services Block Grant Act, as amended, 

14 to become the sole property of such grantees after a period 

15 of not more than 12 years after the end of the grant for 

16 purposes and uses consistent with the original grant: Pro17 vided further, That funds appropriated for section 

18 680(a)(2) of the Community Services Block Grant Act, 

19 as amended, shall be available for financing construction 

20 and rehabilitation and loans or investments in private 

21 business enterprises owned by community development 

22 corporations: Provided further, That $75,000,000 is for a 

23 compassion capital fund to provide grants to charitable or24 ganizations to emulate model social service programs and 

25 to encourage research on the best practices of social serv-
50 

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1 ice organizations: Provided further, That $14,879,000 

2 shall be for activities authorized by the Help America Vote 

3 Act of 2002, of which $9,919,000 shall be for payments 

4 to States to promote access for voters with disabilities, and 

5 of which $4,960,000 shall be for payments to States for 

6 protection and advocacy systems for voters with disabil7 ities: Provided further, That $110,000,000 shall be for 

8 making competitive grants to provide abstinence education 

9 (as defined by section 510(b)(2) of the Social Security 

10 Act) to adolescents, and for Federal costs of administering 

11 the grant: Provided further, That grants under the imme12 diately preceding proviso shall be made only to public and 

13 private entities which agree that, with respect to an ado14 lescent to whom the entities provide abstinence education 

15 under such grant, the entities will not provide to that ado16 lescent any other education regarding sexual conduct, ex17 cept that, in the case of an entity expressly required by 

18 law to provide health information or services the adoles19 cent shall not be precluded from seeking health informa20 tion or services from the entity in a different setting than 

21 the setting in which abstinence education was provided: 

22 Provided further, That within amounts provided herein for 

23 abstinence education for adolescents, up to $10,000,000 

24 may be available for a national abstinence education cam25 paign: Provided further, That in addition to amounts pro-
51 

HR 3010 RFS 

1 vided herein for abstinence education for adolescents, 

2 $4,500,000 shall be available from amounts available 

3 under section 241 of the Public Health Service Act to 

4 carry out evaluations (including longitudinal evaluations) 

5 of adolescent pregnancy prevention approaches: Provided 

6 further, That $2,000,000 shall be for improving the Public 

7 Assistance Reporting Information System, including 

8 grants to States to support data collection for a study of 

9 the system’s effectiveness. 

10 PROMOTING SAFE AND STABLE FAMILIES

11 For carrying out section 436 of the Social Security 

12 Act, $305,000,000 and for section 437, $99,000,000. 

13 PAYMENTS TO STATES FOR FOSTER CARE AND

14 ADOPTION ASSISTANCE

15 For making payments to States or other non-Federal 

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

17 $4,852,800,000. 

18 For making payments to States or other non-Federal 

19 entities under title IV–E of the Act, for the first quarter 

20 of fiscal year 2007, $1,730,000,000. 

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

22 payments to States or other non-Federal entities under 

23 section 474 of title IV–E, for the last 3 months of the 

24 current fiscal year for unanticipated costs, incurred for the 

25 current fiscal year, such sums as may be necessary. 
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1 ADMINISTRATION ON AGING

2 AGING SERVICES PROGRAMS

3 For carrying out, to the extent not otherwise pro4 vided, the Older Americans Act of 1965, as amended, and 

5 section 398 of the Public Health Service Act, 

6 $1,376,217,000, of which $5,500,000 shall be available for 

7 activities regarding medication management, screening, 

8 and education to prevent incorrect medication and adverse 

9 drug reactions. 

10 OFFICE OF THE SECRETARY

11 GENERAL DEPARTMENTAL MANAGEMENT

12 For necessary expenses, not otherwise provided, for 

13 general departmental management, including hire of six 

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

15 of the Public Health Service Act, the United States-Mex16 ico Border Health Commission Act, and research studies 

17 under section 1110 of the Social Security Act 

18 $338,695,000, together with $5,851,000 to be transferred 

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

20 Social Security Act from the Hospital Insurance Trust 

21 Fund and the Supplemental Medical Insurance Trust 

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

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

24 national health or human services research and evaluation 

25 activities: Provided, That of the funds made available 
53 

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

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

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

4 for prevention service demonstration grants under section 

5 510(b)(2) of title V of the Social Security Act, as amend6 ed, without application of the limitation of section 2010(c) 

7 of said title XX: Provided further, That of this amount, 

8 $52,415,000 shall be for minority AIDS prevention and 

9 treatment activities; and $5,952,000 shall be to assist Af10 ghanistan in the development of maternal and child health 

11 clinics, consistent with section 103(a)(4)(H) of the Af12 ghanistan Freedom Support Act of 2002. 

13 MEDICARE APPEALS

14 For expenses necessary for administrative law judges 

15 responsible for hearing cases under title XVIII of the So16 cial Security Act (and related provisions of title XI of such 

17 Act), $60,000,000, to be transferred in appropriate part 

18 from the Federal Hospital Insurance and the Federal Sup19 plementary Medical Insurance Funds. 

20 HEALTH INFORMATION TECHNOLOGY

21 For expenses necessary for the Office of the National 

22 Coordinator for Health Information Technology, including 

23 grants, contracts and cooperative agreements for the 

24 development and advancement of an interoperable national 

25 health information technology infrastructure, $58,100,000 
54 

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1 (reduced by $12,000,000): Provided, That in addition to 

2 amounts provided herein, $16,900,000 (increased by 

3 $12,000,000) shall be available from amounts under sec4 tion 241 of the Public Health Service Act to carry out 

5 health information technology network development. 

6 OFFICE OF INSPECTOR GENERAL

7 For expenses necessary for the Office of Inspector 

8 General, including the hire of passenger motor vehicles for 

9 investigations, in carrying out the provisions of the Inspec10 tor General Act of 1978, as amended, $39,813,000: Pro11 vided, That of such amount, necessary sums are available 

12 for providing protective services to the Secretary and in13 vestigating non-payment of child support cases for which 

14 non-payment is a Federal offense under 18 U.S.C. 228. 

15 OFFICE FOR CIVIL RIGHTS

16 For expenses necessary for the Office for Civil 

17 Rights, $31,682,000, together with not to exceed 

18 $3,314,000 to be transferred and expended as authorized 

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

20 Hospital Insurance Trust Fund and the Supplemental 

21 Medical Insurance Trust Fund. 

22 RETIREMENT PAY AND MEDICAL BENEFITS FOR

23 COMMISSIONED OFFICERS

24 For retirement pay and medical benefits of Public 

25 Health Service Commissioned Officers as authorized by 
55 

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

2 Protection Plan and Survivor Benefit Plan, and for med3 ical care of dependents and retired personnel under the 

4 Dependents’ Medical Care Act (10 U.S.C. ch. 55), such 

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

6 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

7 FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses necessary to support activities related 

10 to countering potential biological, disease, nuclear, radio11 logical and chemical threats to civilian populations, and 

12 to ensure a year-round influenza vaccine production capac13 ity, the development and implementation of rapidly ex14 pandable influenza vaccine production technologies, and if 

15 determined necessary by the Secretary, the purchase of 

16 influenza vaccine, $183,589,000: Provided, That 

17 $120,000,000 of amounts available for influenza pre18 paredness shall remain available until expended: Provided 

19 further, That, in addition to the amount above, $8,589,000 

20 shall be transferred from amounts appropriated under the 

21 head ‘‘Disease Control, Research, and Training’’ for ac22 tivities authorized by section 319F–2(a) of the Public 

23 Health Service Act to be utilized consistent with section 

24 319F–2(c)(7)(B)(ii) of such Act. 
56 

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1 GENERAL PROVISIONS 

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

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

4 and representation expenses when specifically approved by 

5 the Secretary. 

6 SEC. 202. The Secretary shall make available through 

7 assignment not more than 60 employees of the Public 

8 Health Service to assist in child survival activities and to 

9 work in AIDS programs through and with funds provided 

10 by the Agency for International Development, the United 

11 Nations International Children’s Emergency Fund or the 

12 World Health Organization. 

13 SEC. 203. None of the funds appropriated under this 

14 Act may be used to implement section 399F(b) of the Pub15 lic Health Service Act or section 1503 of the National In16 stitutes of Health Revitalization Act of 1993, Public Law 

17 103–43. 

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

19 for the National Institutes of Health, the Agency for 

20 Healthcare Research and Quality, and the Substance 

21 Abuse and Mental Health Services Administration shall 

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

23 or other extramural mechanism, at a rate in excess of Ex24 ecutive Level I. 
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1 SEC. 205. None of the funds appropriated in this title 

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

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

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

5 II. 

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

7 may be expended pursuant to section 241 of the Public 

8 Health Service Act, except for funds specifically provided 

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

10 by any office located in the Department of Health and 

11 Human Services, prior to the Secretary’s preparation and 

12 submission of a report to the Committee on Appropria13 tions of the Senate and of the House detailing the planned 

14 uses of such funds. 

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

16 Public Health Service Act, such portion as the Secretary 

17 shall determine, but not more than 1.3 percent, of any 

18 amounts appropriated for programs authorized under said 

19 Act shall be made available for the evaluation (directly, 

20 or by grants or contracts) of the implementation and effec21 tiveness of such programs. 

22 (TRANSFER OF FUNDS)

23 SEC. 208. Not to exceed 1 percent of any discre24 tionary funds (pursuant to the Balanced Budget and 

25 Emergency Deficit Control Act of 1985, as amended) 

26 which are appropriated for the current fiscal year for the 
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1 Department of Health and Human Services in this Act 

2 may be transferred between appropriations, but no such 

3 appropriation shall be increased by more than 3 percent 

4 by any such transfer: Provided, That an appropriation 

5 may be increased by up to an additional 2 percent subject 

6 to approval by the House and Senate Committees on Ap7 propriations: Provided further, That the transfer authority 

8 granted by this section shall be available only to meet 

9 emergency needs and shall not be used to create any new 

10 program or to fund any project or activity for which no 

11 funds are provided in this Act: Provided further, That the 

12 Appropriations Committees of both Houses of Congress 

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

14 (TRANSFER OF FUNDS)

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

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

17 Research, may transfer up to 3 percent among institutes 

18 and centers from the total amounts identified by these two 

19 Directors as funding for research pertaining to the human 

20 immunodeficiency virus: Provided, That the Congress is 

21 promptly notified of the transfer. 

22 (TRANSFER OF FUNDS)

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

24 for the National Institutes of Health, the amount for re25 search related to the human immunodeficiency virus, as 

26 jointly determined by the Director of the National Insti-
59 

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1 tutes of Health and the Director of the Office of AIDS 

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

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

4 Research shall transfer from such account amounts nec5 essary to carry out section 2353(d)(3) of the Public 

6 Health Service Act. 

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

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

9 Public Health Service Act unless the applicant for the 

10 award certifies to the Secretary that it encourages family 

11 participation in the decision of minors to seek family plan12 ning services and that it provides counseling to minors on 

13 how to resist attempts to coerce minors into engaging in 

14 sexual activities. 

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

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

17 used to carry out the Medicare Advantage program if the 

18 Secretary denies participation in such program to an oth19 erwise eligible entity (including a Provider Sponsored Or20 ganization) because the entity informs the Secretary that 

21 it will not provide, pay for, provide coverage of, or provide 

22 referrals for abortions: Provided, That the Secretary shall 

23 make appropriate prospective adjustments to the capita24 tion payment to such an entity (based on an actuarially 

25 sound estimate of the expected costs of providing the serv-
60 

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1 ice to such entity’s enrollees): Provided further, That noth2 ing in this section shall be construed to change the Medi3 care program’s coverage for such services and a Medicare 

4 Advantage organization described in this section shall be 

5 responsible for informing enrollees where to obtain infor6 mation about all Medicare covered services. 

7 SEC. 213. Notwithstanding any other provision of 

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

9 Health Service Act shall be exempt from any State law 

10 requiring notification or the reporting of child abuse, child 

11 molestation, sexual abuse, rape, or incest. 

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

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

14 to withhold substance abuse funding from a State pursu15 ant to section 1926 of the Public Health Service Act (42 

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

17 of Health and Human Services by May 1, 2006, that the 

18 State will commit additional State funds, in accordance 

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

20 prohibiting the sale of tobacco products to individuals 

21 under 18 years of age. 

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

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

24 State’s substance abuse block grant allocation for each 

25 percentage point by which the State misses the retailer 
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1 compliance rate goal established by the Secretary of 

2 Health and Human Services under section 1926 of such 

3 Act. 

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

5 fiscal year 2006 for tobacco prevention programs and for 

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

7 level of such expenditures maintained by the State for fis8 cal year 2005, and adding to that level the additional 

9 funds for tobacco compliance activities required under 

10 subsection (a). The State is to submit a report to the Sec11 retary on all fiscal year 2005 State expenditures and all 

12 fiscal year 2006 obligations for tobacco prevention and 

13 compliance activities by program activity by July 31, 

14 2006. 

15 (d) The Secretary shall exercise discretion in enforc16 ing the timing of the State obligation of the additional 

17 funds required by the certification described in subsection 

18 (a) as late as July 31, 2006. 

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

20 be used to withhold substance abuse funding pursuant to 

21 section 1926 from a territory that receives less than 

22 $1,000,000. 

23 SEC. 215. In order for the Centers for Disease Con24 trol and Prevention to carry out international health ac25 tivities, including HIV/AIDS and other infectious disease, 
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1 chronic and environmental disease, and other health ac2 tivities abroad during fiscal year 2006, the Secretary of 

3 Health and Human Services— 

4 (1) may exercise authority equivalent to that 

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

6 the State Department Basic Authorities Act of 1956 

7 (22 U.S.C. 2669(c)). The Secretary of Health and 

8 Human Services shall consult with the Secretary of 

9 State and relevant Chief of Mission to ensure that 

10 the authority provided in this section is exercised in 

11 a manner consistent with section 207 of the Foreign 

12 Service Act of 1980 (22 U.S.C. 3927) and other ap13 plicable statutes administered by the Department of 

14 State, and 

15 (2) is authorized to provide such funds by ad16 vance or reimbursement to the Secretary of State as 

17 may be necessary to pay the costs of acquisition, 

18 lease, alteration, renovation, and management of fa19 cilities outside of the United States for the use of 

20 the Department of Health and Human Services. The 

21 Department of State shall cooperate fully with the 

22 Secretary of Health and Human Services to ensure 

23 that the Department of Health and Human Services 

24 has secure, safe, functional facilities that comply 

25 with applicable regulation governing location, set-
63 

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1 back, and other facilities requirements and serve the 

2 purposes established by this Act. The Secretary of 

3 Health and Human Services is authorized, in con4 sultation with the Secretary of State, through grant 

5 or cooperative agreement, to make available to pub6 lic or nonprofit private institutions or agencies in 

7 participating foreign countries, funds to acquire, 

8 lease, alter, or renovate facilities in those countries 

9 as necessary to conduct programs of assistance for 

10 international health activities, including activities re11 lating to HIV/AIDS and other infectious diseases, 

12 chronic and environmental diseases, and other health 

13 activities abroad. 

14 SEC. 216. The Division of Federal Occupational 

15 Health hereafter may utilize personal services contracting 

16 to employ professional management/administrative and oc17 cupational health professionals. 

18 SEC. 217. (a) AUTHORITY.—Notwithstanding any 

19 other provision of law, the Director of the National Insti20 tutes of Health may use funds available under section 

21 402(i) of the Public Health Service Act (42 U.S.C. 282(i)) 

22 to enter into transactions (other than contracts, coopera23 tive agreements, or grants) to carry out research in sup24 port of the NIH Roadmap for Medical Research. 
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1 (b) PEER REVIEW.—In entering into transactions 

2 under subsection (a), the Director of the National Insti3 tutes of Health may utilize such peer review procedures 

4 (including consultation with appropriate scientific experts) 

5 as the Director determines to be appropriate to obtain as6 sessments of scientific and technical merit. Such proce7 dures shall apply to such transactions in lieu of the peer 

8 review and advisory council review procedures that would 

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

10 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of 

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

12 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). 

13 SEC. 218. Funds which are available for Individual 

14 Learning Accounts for employees of the Centers for Dis15 ease Control and Prevention and the Agency for Toxic 

16 Substances and Disease Registry may be transferred to 

17 ‘‘Disease Control, Research, and Training,’’ to be avail18 able only for Individual Learning Accounts: Provided, 

19 That such funds may be used for any individual full-time 

20 equivalent employee while such employee is employed ei21 ther by CDC or ATSDR. 

22 SEC. 219. $15,912,000 of the unobligated balance of 

23 the Health Professions Student Loan program authorized 

24 in subpart II, Federally-Supported Student Loan Funds, 

25 of title VII of the Public Health Service Act is rescinded. 
65 

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1 This title may be cited as the ‘‘Department of Health 

2 and Human Services Appropriations Act, 2006’’. 

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 

7 418A of the Higher Education Act of 1965, 

8 $14,728,735,000, of which $7,144,426,000 shall become 

9 available on July 1, 2006, and shall remain available 

10 through September 30, 2007, and of which 

11 $7,383,301,000 shall become available on October 1, 

12 2006, and shall remain available through September 30, 

13 2007, for academic year 2006–2007: Provided, That 

14 $6,934,854,000 shall be available for basic grants under 

15 section 1124: Provided further, That up to $3,472,000 of 

16 these funds shall be available to the Secretary of Edu17 cation on October 1, 2005, to obtain annually updated 

18 educational-agency-level census poverty data from the Bu19 reau of the Census: Provided further, That 

20 $1,365,031,000 shall be available for concentration grants 

21 under section 1124A: Provided further, That 

22 $2,269,843,000 shall be available for targeted grants 

23 under section 1125: Provided further, That 

24 $2,269,843,000 shall be available for education finance in25 centive grants under section 1125A: Provided further, 
66 

HR 3010 RFS 

1 That $9,424,000 shall be available to carry out part E 

2 of title I: Provided further, That $10,000,000 shall be 

3 available for comprehensive school reform grants under 

4 part F of the ESEA. 

5 IMPACT AID

6 For carrying out programs of financial assistance to 

7 federally affected schools authorized by title VIII of the 

8 Elementary and Secondary Education Act of 1965, 

9 $1,240,862,000, of which $1,102,896,000 shall be for 

10 basic support payments under section 8003(b), 

11 $49,966,000 shall be for payments for children with dis12 abilities under section 8003(d), $18,000,000 shall be for 

13 construction under section 8007 and shall remain avail14 able through September 30, 2007, $65,000,000 shall be 

15 for Federal property payments under section 8002, and 

16 $5,000,000, to remain available until expended, shall be 

17 for facilities maintenance under section 8008: Provided, 

18 That for purposes of computing the amount of a payment 

19 for an eligible local educational agency under section 

20 8003(a) of the Elementary and Secondary Education Act 

21 (20 U.S.C. 7703(a)) for school year 2005–2006, children 

22 enrolled in a school of such agency that would otherwise 

23 be eligible for payment under section 8003(a)(1)(B) of 

24 such Act, but due to the deployment of both parents or 

25 legal guardians, or a parent or legal guardian having sole 
67 

HR 3010 RFS 

1 custody of such children, or due to the death of a military 

2 parent or legal guardian while on active duty (so long as 

3 such children reside on Federal property as described in 

4 section 8003(a)(1)(B)), are no longer eligible under such 

5 section, shall be considered as eligible students under such 

6 section, provided such students remain in average daily 

7 attendance at a school in the same local educational agen8 cy they attended prior to their change in eligibility status. 

9 SCHOOL IMPROVEMENT PROGRAMS

10 For carrying out school improvement activities au11 thorized by titles II, part B of title IV, part A of title 

12 V, parts A and B of title VI, and parts B and C of title 

13 VII of the Elementary and Secondary Education Act of 

14 1965 (‘‘ESEA’’); the McKinney-Vento Homeless Assist15 ance Act; section 203 of the Educational Technical Assist16 ance Act of 2002; the Compact of Free Association 

17 Amendments Act of 2003; and the Civil Rights Act of 

18 1964, $5,393,765,000, of which $3,805,882,000 shall be19 come available on July 1, 2006, and remain available 

20 through September 30, 2007, and of which 

21 $1,435,000,000 shall become available on October 1, 

22 2006, and shall remain available through September 30, 

23 2007, for academic year 2006–2007: Provided, That 

24 $411,680,000 shall be for State assessments and related 

25 activities authorized under sections 6111 and 6112 of the 
68 

HR 3010 RFS 

1 ESEA: Provided further, That $56,825,000 shall be avail2 able to carry out section 203 of the Educational Technical 

3 Assistance Act of 2002: Provided further, That 

4 $12,132,000 shall be available to carry out the Supple5 mental Education Grants program for the Federated 

6 States of Micronesia, and $6,051,000 shall be available 

7 to carry out the Supplemental Education Grants program 

8 for the Republic of the Marshall Islands: Provided further, 

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

10 by the Federated States of Micronesia and the Republic 

11 of the Marshall Islands to administer the Supplemental 

12 Education Grants programs and to obtain technical assist13 ance, oversight and consultancy services in the administra14 tion of these grants and to reimburse the United States 

15 Departments of Labor, Health and Human Services, and 

16 Education for such services. 

17 INDIAN EDUCATION

18 For expenses necessary to carry out, to the extent 

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

20 and Secondary Education Act of 1965, $119,889,000. 

21 INNOVATION AND IMPROVEMENT

22 For carrying out activities authorized by part G of 

23 title I, subpart 5 of part A and parts C and D of title 

24 II, parts B, C, and D of title V, and section 1504 of the 

25 Elementary and Secondary Education Act of 1965 
69 

HR 3010 RFS 

1 (‘‘ESEA’’), $708,522,000: Provided, That $36,981,000 

2 shall be for subpart 2 of part B of title V: Provided fur3 ther, That $127,000,000 shall be available to carry out 

4 part D of title V of the ESEA, of which $100,000,000 

5 of the funds for subpart 1 shall be for competitive grants 

6 to local educational agencies, including charter schools 

7 that are local educational agencies, or States, or partner8 ships of (1) a local educational agency, a State, or both 

9 and (2) at least one non-profit organization to develop and 

10 implement performance-based teacher and principal com11 pensation systems in high-need areas: Provided further, 

12 That such performance-based compensation systems must 

13 consider gains in student achievement, among other fac14 tors, and may reward educators who choose to work in 

15 hard-to-staff schools: Provided further, That up to 

16 $700,000 of the funds available under title V, part D, sub17 part 1 of the ESEA may be used for evaluation of the 

18 program carried out under the DC School Choice Incentive 

19 Act of 2003. 

20 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

21 For carrying out activities authorized by subpart 3 

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

23 3, and 10 of part D of title V of the Elementary and Sec24 ondary Education Act of 1965 (‘‘ESEA’’), $763,870,000, 

25 of which $400,000,000, shall become available on July 1, 
70 

HR 3010 RFS 

1 2006, and remain available through September 30, 2007: 

2 Provided, That $400,000,000 shall be available for sub3 part 1 of part A of title IV and $152,537,000 shall be 

4 available for subpart 2 of part A of title IV: Provided fur5 ther, That $132,621,000 shall be available to carry out 

6 part D of title V of the ESEA: Provided further, That of 

7 the funds available to carry out subpart 3 of part C of 

8 title II, up to $12,193,000 may be used to carry out sec9 tion 2345 and $3,035,000 shall be used by the Center for 

10 Civic Education to implement a comprehensive program 

11 to improve public knowledge, understanding, and support 

12 of the Congress and the State legislatures. 

13 ENGLISH LANGUAGE ACQUISITION

14 For carrying out part A of title III of the ESEA, 

15 $675,765,000, which shall become available on July 1, 

16 2006, and shall remain available through September 30, 

17 2007, except that 6.5 percent of such amount shall be 

18 available on October 1, 2005, and shall remain available 

19 through September 30, 2007, to carry out activities under 

20 section 3111(c)(1)(C). 

21 SPECIAL EDUCATION

22 For carrying out the Individuals with Disabilities 

23 Education Act, $11,813,783,000, of which 

24 $6,202,804,000 shall become available for obligation on 

25 July 1, 2006, and shall remain available through Sep-
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1 tember 30, 2007, and of which $5,413,000,000 shall be2 come available on October 1, 2006, and shall remain avail3 able through September 30, 2007, for academic year 

4 2006–2007: Provided, That $11,400,000 shall be for Re5 cording for the Blind and Dyslexic, Inc., to support the 

6 development, production, and circulation of recorded edu7 cational materials: Provided further, That the amount for 

8 section 611(b)(2) of the Act shall be equal to the amount 

9 available for that activity during fiscal year 2005, in10 creased by the amount of inflation as specified in section 

11 619(d)(2)(B) of the Act. 

12 REHABILITATION SERVICES AND DISABILITY RESEARCH

13 For carrying out, to the extent not otherwise pro14 vided, the Rehabilitation Act of 1973, the Assistive Tech15 nology Act of 1998 (‘‘the AT Act’’), and the Helen Keller 

16 National Center Act, $3,128,638,000: Provided, That 

17 $29,760,000 shall be used for carrying out the AT Act, 

18 including $4,385,000 for State grants for protection and 

19 advocacy under section 5 of the AT Act and $5,086,000 

20 shall be for alternative financing programs under section 

21 4(b)(2)(D) of the AT Act: Provided further, That the Fed22 eral share of grants for alternative financing programs 

23 shall not exceed 75 percent, and the requirements in sec24 tion 301(c)(2) and section 302 of the AT Act (as in effect 
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1 on the day before the date of enactment of the Assistive 

2 Technology Act of 2004) shall not apply to such grants. 

3 SPECIAL INSTITUTIONS FOR PERSONS WITH

4 DISABILITIES

5 AMERICAN PRINTING HOUSE FOR THE BLIND

6 For carrying out the Act of March 3, 1879, as 

7 amended (20 U.S.C. 101 et seq.), $17,000,000. 

8 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

9 For the National Technical Institute for the Deaf 

10 under titles I and II of the Education of the Deaf Act 

11 of 1986 (20 U.S.C. 4301 et seq.), $56,137,000, of which 

12 $800,000 shall be for construction and shall remain avail13 able until expended: Provided, That from the total amount 

14 available, the Institute may at its discretion use funds for 

15 the endowment program as authorized under section 207. 

16 GALLAUDET UNIVERSITY

17 For the Kendall Demonstration Elementary School, 

18 the Model Secondary School for the Deaf, and the partial 

19 support of Gallaudet University under titles I and II of 

20 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 

21 et seq.), $107,657,000: Provided, That from the total 

22 amount available, the University may at its discretion use 

23 funds for the endowment program as authorized under 

24 section 207. 
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1 VOCATIONAL AND ADULT EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, the Carl D. Perkins Vocational and Technical Edu4 cation Act of 1998, the Adult Education and Family Lit5 eracy Act, and subparts 4 and 11 of part D of title V 

6 of the Elementary and Secondary Education Act of 1965 

7 (‘‘ESEA’’), $1,991,782,000, of which $1,196,058,000 

8 shall become available on July 1, 2006, and shall remain 

9 available through September 30, 2007, and of which 

10 $791,000,000 shall become available on October 1, 2006, 

11 and shall remain available through September 30, 2007: 

12 Provided, That of the amount provided for Adult Edu13 cation State Grants, $68,581,000 shall be made available 

14 for integrated English literacy and civics education serv15 ices to immigrants and other limited English proficient 

16 populations: Provided further, That of the amount re17 served for integrated English literacy and civics education, 

18 notwithstanding section 211 of the Adult Education and 

19 Family Literacy Act, 65 percent shall be allocated to 

20 States based on a State’s absolute need as determined by 

21 calculating each State’s share of a 10-year average of the 

22 Immigration and Naturalization Service data for immi23 grants admitted for legal permanent residence for the 10 

24 most recent years, and 35 percent allocated to States that 

25 experienced growth as measured by the average of the 3 
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1 most recent years for which Immigration and Naturaliza2 tion Service data for immigrants admitted for legal perma3 nent residence are available, except that no State shall be 

4 allocated an amount less than $60,000: Provided further, 

5 That of the amounts made available for the Adult Edu6 cation and Family Literacy Act, $9,096,000 shall be for 

7 national leadership activities under section 243 and 

8 $6,638,000 shall be for the National Institute for Literacy 

9 under section 242: Provided further, That $94,476,000 

10 shall be available to support the activities authorized 

11 under subpart 4 of part D of title V of the Elementary 

12 and Secondary Education Act of 1965, of which up to 5 

13 percent shall become available October 1, 2005, and shall 

14 remain available through September 30, 2007, for evalua15 tion, technical assistance, school networking, peer review 

16 of applications, and program outreach activities, and of 

17 which not less than 95 percent shall become available on 

18 July 1, 2006, and remain available through September 30, 

19 2007, for grants to local educational agencies: Provided 

20 further, That funds made available to local education agen21 cies under this subpart shall be used only for activities 

22 related to establishing smaller learning communities in 

23 high schools. 
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1 STUDENT FINANCIAL ASSISTANCE

2 For carrying out subparts 1, 3, and 4 of part A, part 

3 C and part E of title IV of the Higher Education Act of 

4 1965, as amended, $15,283,752,000, which shall remain 

5 available through September 30, 2007. 

6 The maximum Pell Grant for which a student shall 

7 be eligible during award year 2006–2007 shall be $4,100. 

8 STUDENT AID ADMINISTRATION

9 For Federal administrative expenses (in addition to 

10 funds made available under section 458), to carry out part 

11 D of title I, and subparts 1, 3, and 4 of part A, and parts 

12 B, C, D, and E of title IV of the Higher Education Act 

13 of 1965, as amended, $124,084,000. 

14 HIGHER EDUCATION

15 For carrying out, to the extent not otherwise pro16 vided, section 121 and titles II, III, IV, V, VI, and VII 

17 of the Higher Education Act of 1965 (‘‘HEA’’), as amend18 ed, section 1543 of the Higher Education Amendments 

19 of 1992, the Mutual Educational and Cultural Exchange 

20 Act of 1961, and section 117 of the Carl D. Perkins Voca21 tional and Technical Education Act, $1,936,936,000 (in22 creased by $27,000,000): Provided, That $9,797,000, to 

23 remain available through September 30, 2007, shall be 

24 available to fund fellowships for academic year 2007–2008 

25 under part A, subpart 1 of title VII of said Act, under 
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1 the terms and conditions of part A, subpart 1: Provided 

2 further, That notwithstanding any other provision of law 

3 or any regulation, the Secretary of Education shall not 

4 require the use of a restricted indirect cost rate for grants 

5 issued pursuant to section 117 of the Carl D. Perkins Vo6 cational and Technical Education Act of 1998: Provided 

7 further, That $980,000 is for data collection and evalua8 tion activities for programs under the HEA, including 

9 such activities needed to comply with the Government Per10 formance and Results Act of 1993: Provided further, That 

11 notwithstanding any other provision of law, funds made 

12 available in this Act to carry out title VI of the HEA and 

13 section 102(b)(6) of the Mutual Educational and Cultural 

14 Exchange Act of 1961 may be used to support visits and 

15 study in foreign countries by individuals who are partici16 pating in advanced foreign language training and inter17 national studies in areas that are vital to United States 

18 national security and who plan to apply their language 

19 skills and knowledge of these countries in the fields of gov20 ernment, the professions, or international development: 

21 Provided further, That of the funds referred to in the pre22 ceding proviso up to 1 percent may be used for program 

23 evaluation, national outreach, and information dissemina24 tion activities: Provided further, That the funds provided 
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1 for title II of the HEA shall be allocated notwithstanding 

2 section 210 of such Act. 

3 HOWARD UNIVERSITY

4 For partial support of Howard University (20 U.S.C. 

5 121 et seq.), $240,790,000, of which not less than 

6 $3,524,000 shall be for a matching endowment grant pur7 suant to the Howard University Endowment Act (Public 

8 Law 98–480) and shall remain available until expended. 

9 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

10 PROGRAM

11 For Federal administrative expenses to carry out ac12 tivities related to existing facility loans pursuant to section 

13 121 of the Higher Education Act of 1965, as amended 

14 $573,000. 

15 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

16 CAPITAL FINANCING PROGRAM ACCOUNT

17 The aggregate principal amount of outstanding bonds 

18 insured pursuant to section 344 of title III, part D of the 

19 Higher Education Act of 1965, shall not exceed 

20 $357,000,000, and the cost, as defined in section 502 of 

21 the Congressional Budget Act of 1974, of such bonds shall 

22 not exceed zero. 

23 For administrative expenses to carry out the Histori24 cally Black College and University Capital Financing Pro-
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1 gram entered into pursuant to title III, part D of the 

2 Higher Education Act of 1965, as amended, $210,000. 

3 INSTITUTE OF EDUCATION SCIENCES

4 For carrying out activities authorized by the Edu5 cation Sciences Reform Act of 2002, as amended, the Na6 tional Assessment of Educational Progress Authorization 

7 Act, section 208 of the Educational Technical Assistance 

8 Act of 2002, and section 664 of the Individuals with Dis9 abilities Education Act, $522,696,000, of which 

10 $271,560,000 shall be available until September 30, 2007. 

11 DEPARTMENTAL MANAGEMENT

12 PROGRAM ADMINISTRATION

13 For carrying out, to the extent not otherwise pro14 vided, the Department of Education Organization Act, in15 cluding rental of conference rooms in the District of Co16 lumbia and hire of three passenger motor vehicles, 

17 $418,992,000. 

18 OFFICE FOR CIVIL RIGHTS

19 For expenses necessary for the Office for Civil 

20 Rights, as authorized by section 203 of the Department 

21 of Education Organization Act, $91,526,000. 

22 OFFICE OF THE INSPECTOR GENERAL

23 For expenses necessary for the Office of the Inspector 

24 General, as authorized by section 212 of the Department 

25 of Education Organization Act, $49,000,000. 
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1 GENERAL PROVISIONS 

2 SEC. 301. No funds appropriated in this Act may be 

3 used for the transportation of students or teachers (or for 

4 the purchase of equipment for such transportation) in 

5 order to overcome racial imbalance in any school or school 

6 system, or for the transportation of students or teachers 

7 (or for the purchase of equipment for such transportation) 

8 in order to carry out a plan of racial desegregation of any 

9 school or school system. 

10 SEC. 302. None of the funds contained in this Act 

11 shall be used to require, directly or indirectly, the trans12 portation of any student to a school other than the school 

13 which is nearest the student’s home, except for a student 

14 requiring special education, to the school offering such 

15 special education, in order to comply with title VI of the 

16 Civil Rights Act of 1964. For the purpose of this section 

17 an indirect requirement of transportation of students in18 cludes the transportation of students to carry out a plan 

19 involving the reorganization of the grade structure of 

20 schools, the pairing of schools, or the clustering of schools, 

21 or any combination of grade restructuring, pairing or clus22 tering. The prohibition described in this section does not 

23 include the establishment of magnet schools. 
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1 SEC. 303. No funds appropriated under this Act may 

2 be used to prevent the implementation of programs of vol3 untary prayer and meditation in the public schools. 

4 (TRANSFER OF FUNDS)

5 SEC. 304. Not to exceed 1 percent of any discre6 tionary funds (pursuant to the Balanced Budget and 

7 Emergency Deficit Control Act of 1985, as amended) 

8 which are appropriated for the Department of Education 

9 in this Act may be transferred between appropriations, but 

10 no such appropriation shall be increased by more than 3 

11 percent by any such transfer: Provided, That the Appro12 priations Committees of both Houses of Congress are noti13 fied at least 15 days in advance of any transfer. 

14 SEC. 305. In addition, for carrying out subpart 1 of 

15 part A of title IV of the Higher Education Act of 1965, 

16 $4,300,000,000 for the purpose of eliminating the esti17 mated accumulated shortfall of budget authority for such 

18 subpart for awards made through the award year 2005– 

19 2006, pursuant to section 303 of H. Con. Res. 95 (109th 

20 Congress), the concurrent resolution on the budget for fis21 cal year 2006. 

22 This title may be cited as the ‘‘Department of Edu23 cation Appropriations Act, 2006’’. 
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1 TITLE IV—RELATED AGENCIES 

2 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

3 BLIND OR SEVERELY DISABLED

4 SALARIES AND EXPENSES

5 For expenses necessary of the Committee for Pur6 chase From People Who Are Blind or Severely Disabled 

7 established by Public Law 92–28, $4,669,000. 

8 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

9 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

10 EXPENSES

11 For expenses necessary for the Corporation for Na12 tional and Community Service to carry out the provisions 

13 of the Domestic Volunteer Service Act of 1973, as amend14 ed, $357,962,000: Provided, That none of the funds made 

15 available to the Corporation for National and Community 

16 Service in this Act for activities authorized by section 122 

17 of part C of title I and part E of title II of the Domestic 

18 Volunteer Service Act of 1973 shall be used to provide 

19 stipends or other monetary incentives to volunteers or vol20 unteer leaders whose incomes exceed 125 percent of the 

21 national poverty level: Provided further, That notwith22 standing section 122(c) of the Act, the Corporation shall 

23 make available up to $2,000,000 under part C of title I 

24 of the Act in a grant to support Teach for America’s ef-
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1 forts to address educational inequity in low-income rural 

2 and urban communities. 

3 NATIONAL AND COMMUNITY SERVICE PROGRAMS, 

4 OPERATING EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses for the Corporation for Na7 tional and Community Service (the ‘‘Corporation’’) in car8 rying out programs, activities, and initiatives under the 

9 National and Community Service Act of 1990 (the ‘‘Act’’) 

10 (42 U.S.C. 12501 et seq.), $523,087,000 (reduced by 

11 $5,000,000), to remain available until September 30, 

12 2007: Provided, That not more than $270,000,000 (re13 duced by $2,500,000) 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), section 131(e), section 

21 132, and sections 140 (a), (d), and (e) of the Act): Pro22 vided further, That not less than $146,000,000 of the 

23 amount provided under this heading, to remain available 

24 without fiscal year limitation, shall be transferred to the 

25 National Service Trust for educational awards authorized 
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1 under subtitle D of title I of the Act (42 U.S.C. 12601), 

2 of which up to $4,000,000 shall be available to support 

3 national service scholarships for high school students per4 forming community service, and of which $10,000,000 

5 shall be held in reserve as defined in Public Law 108– 

6 45: Provided further, That in addition to amounts other7 wise provided to the National Service Trust under the sec8 ond proviso, the Corporation may transfer funds from the 

9 amount provided under the first proviso, to the National 

10 Service Trust authorized under subtitle D of title I of the 

11 Act (42 U.S.C. 12601) upon determination that such 

12 transfer is necessary to support the activities of national 

13 service participants and after notice is transmitted to Con14 gress: Provided further, That of the amount provided 

15 under this heading for grants under the National Service 

16 Trust program authorized under subtitle C of title I of 

17 the Act, not more than $55,000,000 may be used to ad18 minister, reimburse, or support any national service pro19 gram authorized under section 121(d)(2) of such Act (42 

20 U.S.C. 12581(d)(2)): Provided further, That not more 

21 than $9,945,000 shall be available for quality and innova22 tion activities authorized under subtitle H of title I of the 

23 Act (42 U.S.C. 12853 et seq.), of which $4,000,000 shall 

24 be available for challenge grants to non-profit organiza25 tions: Provided further, That notwithstanding subtitle H 
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1 of title I of the Act (42 U.S.C. 12853), none of the funds 

2 provided under the previous proviso shall be used to sup3 port salaries and related expenses (including travel) attrib4 utable to Corporation employees: Provided further, That 

5 to the maximum extent feasible, funds appropriated under 

6 subtitle C of title I of the Act shall be provided in a man7 ner that is consistent with the recommendations of peer 

8 review panels in order to ensure that priority is given to 

9 programs that demonstrate quality, innovation, 

10 replicability, and sustainability: Provided further, That 

11 $25,500,000 of the funds made available under this head12 ing shall be available for the Civilian Community Corps 

13 authorized under subtitle E of title I of the Act (42 U.S.C. 

14 12611 et seq.): Provided further, That $40,000,000 (re15 duced by $2,500,000) shall be available for school-based 

16 and community-based service-learning programs author17 ized under subtitle B of title I of the Act (42 U.S.C. 12521 

18 et seq.): Provided further, That $4,000,000 shall be avail19 able for audits and other evaluations authorized under sec20 tion 179 of the Act (42 U.S.C. 12639): Provided further, 

21 That $10,000,000 of the funds made available under this 

22 heading shall be made available for the Points of Light 

23 Foundation for activities authorized under title III of the 

24 Act (42 U.S.C. 12661 et seq.), of which not more than 

25 $2,500,000 may be used to support an endowment fund, 
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1 the corpus of which shall remain intact and the interest 

2 income from which shall be used to support activities de3 scribed in title III of the Act, provided that the Founda4 tion may invest the corpus and income in federally insured 

5 bank savings accounts or comparable interest bearing ac6 counts, certificates of deposit, money market funds, mu7 tual funds, obligations of the United States, and other 

8 market instruments and securities but not in real estate 

9 investments: Provided further, That no funds shall be 

10 available for national service programs run by Federal 

11 agencies authorized under section 121(b) of such Act (42 

12 U.S.C. 12571(b)): Provided further, That $5,000,000 of 

13 the funds made available under this heading shall be made 

14 available to America’s Promise—The Alliance for Youth, 

15 Inc.: Provided further, That to the maximum extent prac16 ticable, the Corporation shall increase significantly the 

17 level of matching funds and in-kind contributions provided 

18 by the private sector, and shall reduce the total Federal 

19 costs per participant in all programs: Provided further, 

20 That notwithstanding section 501(a)(4) of the Act, of the 

21 funds provided under this heading, not more than 

22 $12,642,000 shall be made available to provide assistance 

23 to state commissions on national and community service 

24 under section 126(a) of the Act: Provided further, That 

25 the Corporation may use up to one percent of program 
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1 grant funds made available under this heading to defray 

2 its costs of conducting grant application reviews, including 

3 the use of outside peer reviewers. 

4 NATIONAL AND COMMUNITY SERVICE PROGRAMS

5 SALARIES AND EXPENSES

6 For necessary expenses of administration as provided 

7 under section 501(a)(4) of the National and Community 

8 Service Act of 1990 (42 U.S.C. 12501 et seq.) including 

9 payment of salaries, authorized travel, hire of passenger 

10 motor vehicles, the rental of conference rooms in the Dis11 trict of Columbia, the employment of experts and consult12 ants authorized under 5 U.S.C. 3109, and not to exceed 

13 $2,500 for official reception and representation expenses, 

14 $27,000,000. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General in carrying out the Inspector General Act of 1978, 

18 as amended, $6,000,000, to remain available until Sep19 tember 30, 2007. 

20 ADMINISTRATIVE PROVISIONS

21 Notwithstanding any other provision of law, the term 

22 ‘‘qualified student loan’’ with respect to national service 

23 education awards shall mean any loan determined by an 

24 institution of higher education to be necessary to cover 

25 a student’s cost of attendance at such institution and 

26 made, insured, or guaranteed directly to a student by a 
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1 State agency, in addition to other meanings under section 

2 148(b)(7) of the National and Community Service Act. 

3 Notwithstanding any other provision of law, funds 

4 made available under section 129(d)(5)(B) of the National 

5 and Community Service Act to assist entities in placing 

6 applicants who are individuals with disabilities may be 

7 provided to any entity that receives a grant under section 

8 121 of the Act. 

9 The Inspector General of the Corporation for Na10 tional and Community Service shall conduct random au11 dits of the grantees that administer activities under the 

12 AmeriCorps programs and shall levy sanctions in accord13 ance with standard Inspector General audit resolution pro14 cedures which include, but are not limited to, debarment 

15 of any grantee (or successor in interest or any entity with 

16 substantially the same person or persons in control) that 

17 has been determined to have committed any substantial 

18 violations of the requirements of the AmeriCorps pro19 grams, including any grantee that has been determined 

20 to have violated the prohibition of using Federal funds to 

21 lobby the Congress: Provided, That the Inspector General 

22 shall obtain reimbursements in the amount of any misused 

23 funds from any grantee that has been determined to have 

24 committed any substantial violations of the requirements 

25 of the AmeriCorps programs. 
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1 For fiscal year 2006, the Corporation shall make any 

2 significant changes to program requirements or policy only 

3 through public notice and comment rulemaking. For fiscal 

4 year 2006, during any grant selection process, no officer 

5 or employee of the Corporation shall knowingly disclose 

6 any covered grant selection information regarding such se7 lection, directly or indirectly, to any person other than an 

8 officer or employee of the Corporation that is authorized 

9 by the Corporation to receive such information. 

10 CORPORATION FOR PUBLIC BROADCASTING

11 (INCLUDING RESCISSION)

12 Of the amounts made available to the Corporation for 

13 Public Broadcasting for fiscal year 2006 by Public Law 

14 108–199, $100,000,000 is rescinded; up to $30,000,000 

15 is available for grants associated with the transition of 

16 public television to digital broadcasting including costs re17 lated to transmission equipment and program production, 

18 development, and distribution, to be awarded as deter19 mined by the Corporation in consultation with public tele20 vision licensees or permittees, or their designated rep21 resentatives, and up to $52,000,000 is available pursuant 

22 to section 396(k)(10) of the Communications Act of 1934, 

23 as amended, for replacement and upgrade of the public 

24 television interconnection system: Provided, That section 
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1 396(k)(3) shall apply only to amounts remaining after the 

2 allocations made herein. 

3 For payment to the Corporation for Public Broad4 casting, as authorized by the Communications Act of 

5 1934, an amount which shall be available within limita6 tions specified by that Act, for fiscal year 2008, 

7 $400,000,000: Provided, That no funds made available to 

8 the Corporation for Public Broadcasting by this Act shall 

9 be used to pay for receptions, parties, or similar forms 

10 of entertainment for Government officials or employees: 

11 Provided further, That none of the funds contained in this 

12 paragraph shall be available or used to aid or support any 

13 program or activity from which any person is excluded, 

14 or is denied benefits, or is discriminated against, on the 

15 basis of race, color, national origin, religion, or sex. 

16 FEDERAL MEDIATION AND CONCILIATION SERVICE

17 SALARIES AND EXPENSES

18 For expenses necessary for the Federal Mediation 

19 and Conciliation Service to carry out the functions vested 

20 in it by the Labor Management Relations Act, 1947 (29 

21 U.S.C. 171–180, 182–183), including hire of passenger 

22 motor vehicles; for expenses necessary for the Labor-Man23 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

24 for expenses necessary for the Service to carry out the 

25 functions vested in it by the Civil Service Reform Act, 
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1 Public Law 95–454 (5 U.S.C. ch. 71), $42,331,000: Pro2 vided, That notwithstanding 31 U.S.C. 3302, fees 

3 charged, up to full-cost recovery, for special training ac4 tivities and other conflict resolution services and technical 

5 assistance, including those provided to foreign govern6 ments and international organizations, and for arbitration 

7 services shall be credited to and merged with this account, 

8 and shall remain available until expended: Provided fur9 ther, That fees for arbitration services shall be available 

10 only for education, training, and professional development 

11 of the agency workforce: Provided further, That the Direc12 tor of the Service is authorized to accept and use on behalf 

13 of the United States gifts of services and real, personal, 

14 or other property in the aid of any projects or functions 

15 within the Director’s jurisdiction. 

16 FEDERAL MINE SAFETY AND HEALTH REVIEW

17 COMMISSION

18 SALARIES AND EXPENSES

19 For expenses necessary for the Federal Mine Safety 

20 and Health Review Commission (30 U.S.C. 801 et seq.), 

21 $7,809,000. 
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1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

3 AND ADMINISTRATION

4 For carrying out the Museum and Library Services 

5 Act of 1996, $249,640,000, to remain available until ex6 pended. 

7 MEDICARE PAYMENT ADVISORY COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary to carry out section 1805 of 

10 the Social Security Act, $10,168,000, to be transferred to 

11 this appropriation from the Federal Hospital Insurance 

12 and the Federal Supplementary Medical Insurance Trust 

13 Funds. 

14 NATIONAL COMMISSION ON LIBRARIES AND

15 INFORMATION SCIENCE

16 SALARIES AND EXPENSES

17 For necessary expenses for the National Commission 

18 on Libraries and Information Science, established by the 

19 Act of July 20, 1970 (Public Law 91–345, as amended), 

20 $993,000. 

21 NATIONAL COUNCIL ON DISABILITY

22 SALARIES AND EXPENSES

23 For expenses necessary for the National Council on 

24 Disability as authorized by title IV of the Rehabilitation 

25 Act of 1973, as amended, $2,800,000. 
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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor Rela4 tions Board to carry out the functions vested in it by the 

5 Labor-Management Relations Act, 1947, as amended (29 

6 U.S.C. 141–167), and other laws, $252,268,000: Pro7 vided, That no part of this appropriation shall be available 

8 to organize or assist in organizing agricultural laborers or 

9 used in connection with investigations, hearings, direc10 tives, or orders concerning bargaining units composed of 

11 agricultural laborers as referred to in section 2(3) of the 

12 Act of July 5, 1935 (29 U.S.C. 152), and as amended 

13 by the Labor-Management Relations Act, 1947, as amend14 ed, and as defined in section 3(f) of the Act of June 25, 

15 1938 (29 U.S.C. 203), and including in said definition em16 ployees engaged in the maintenance and operation of 

17 ditches, canals, reservoirs, and waterways when main18 tained or operated on a mutual, nonprofit basis and at 

19 least 95 percent of the water stored or supplied thereby 

20 is used for farming purposes. 

21 NATIONAL MEDIATION BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary to carry out the provisions 

24 of the Railway Labor Act, as amended (45 U.S.C. 151– 
93 

HR 3010 RFS 

1 188), including emergency boards appointed by the Presi2 dent, $11,628,000. 

3 OCCUPATIONAL SAFETY AND HEALTH REVIEW

4 COMMISSION

5 SALARIES AND EXPENSES

6 For expenses necessary for the Occupational Safety 

7 and Health Review Commission (29 U.S.C. 661), 

8 $10,510,000. 

9 RAILROAD RETIREMENT BOARD

10 DUAL BENEFITS PAYMENTS ACCOUNT

11 For payment to the Dual Benefits Payments Ac12 count, authorized under section 15(d) of the Railroad Re13 tirement Act of 1974, $97,000,000, which shall include 

14 amounts becoming available in fiscal year 2006 pursuant 

15 to section 224(c)(1)(B) of Public Law 98–76; and in addi16 tion, an amount, not to exceed 2 percent of the amount 

17 provided herein, shall be available proportional to the 

18 amount by which the product of recipients and the average 

19 benefit received exceeds $97,000,000: Provided, That the 

20 total amount provided herein shall be credited in 12 ap21 proximately equal amounts on the first day of each month 

22 in the fiscal year. 
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1 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

2 ACCOUNTS

3 For payment to the accounts established in the 

4 Treasury for the payment of benefits under the Railroad 

5 Retirement Act for interest earned on unnegotiated 

6 checks, $150,000, to remain available through September 

7 30, 2007, which shall be the maximum amount available 

8 for payment pursuant to section 417 of Public Law 98– 

9 76. 

10 LIMITATION ON ADMINISTRATION

11 For necessary expenses for the Railroad Retirement 

12 Board for administration of the Railroad Retirement Act 

13 and the Railroad Unemployment Insurance Act, 

14 $102,543,000, to be derived in such amounts as deter15 mined by the Board from the railroad retirement accounts 

16 and from moneys credited to the railroad unemployment 

17 insurance administration fund. 

18 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector 

20 General for audit, investigatory and review activities, as 

21 authorized by the Inspector General Act of 1978, as 

22 amended, not more than $7,196,000, to be derived from 

23 the railroad retirement accounts and railroad unemploy24 ment insurance account: Provided, That none of the funds 

25 made available in any other paragraph of this Act may 
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1 be transferred to the Office; used to carry out any such 

2 transfer; used to provide any office space, equipment, of3 fice supplies, communications facilities or services, mainte4 nance services, or administrative services for the Office; 

5 used to pay any salary, benefit, or award for any personnel 

6 of the Office; used to pay any other operating expense of 

7 the Office; or used to reimburse the Office for any service 

8 provided, or expense incurred, by the Office. 

9 SOCIAL SECURITY ADMINISTRATION

10 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

11 For payment to the Federal Old-Age and Survivors 

12 Insurance and the Federal Disability Insurance trust 

13 funds, as provided under sections 201(m), 228(g), and 

14 1131(b)(2) of the Social Security Act, $20,470,000. 

15 SUPPLEMENTAL SECURITY INCOME PROGRAM

16 For carrying out titles XI and XVI of the Social Se17 curity Act, section 401 of Public Law 92–603, section 212 

18 of Public Law 93–66, as amended, and section 405 of 

19 Public Law 95–216, including payment to the Social Secu20 rity trust funds for administrative expenses incurred pur21 suant to section 201(g)(1) of the Social Security Act, 

22 $29,533,174,000, to remain available until expended: Pro23 vided, That any portion of the funds provided to a State 

24 in the current fiscal year and not obligated by the State 

25 during that year shall be returned to the Treasury. 
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1 For making, after June 15 of the current fiscal year, 

2 benefit payments to individuals under title XVI of the So3 cial Security Act, for unanticipated costs incurred for the 

4 current fiscal year, such sums as may be necessary. 

5 For making benefit payments under title XVI of the 

6 Social Security Act for the first quarter of fiscal year 

7 2007, $11,110,000,000, to remain available until ex8 pended. 

9 LIMITATION ON ADMINISTRATIVE EXPENSES

10 For necessary expenses, including the hire of two pas11 senger motor vehicles, and not to exceed $15,000 for offi12 cial reception and representation expenses, not more than 

13 $9,159,700,000 may be expended, as authorized by sec14 tion 201(g)(1) of the Social Security Act, from any one 

15 or all of the trust funds referred to therein: Provided, That 

16 not less than $2,000,000 shall be for the Social Security 

17 Advisory Board: Provided further, That unobligated bal18 ances of funds provided under this paragraph at the end 

19 of fiscal year 2006 not needed for fiscal year 2006 shall 

20 remain available until expended to invest in the Social Se21 curity Administration information technology and tele22 communications hardware and software infrastructure, in23 cluding related equipment and non-payroll administrative 

24 expenses associated solely with this information technology 

25 and telecommunications infrastructure: Provided further, 

26 That reimbursement to the trust funds under this heading 
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1 for expenditures for official time for employees of the So2 cial Security Administration pursuant to section 7131 of 

3 title 5, United States Code, and for facilities or support 

4 services for labor organizations pursuant to policies, regu5 lations, or procedures referred to in section 7135(b) of 

6 such title shall be made by the Secretary of the Treasury, 

7 with interest, from amounts in the general fund not other8 wise appropriated, as soon as possible after such expendi9 tures are made. 

10 In addition, $119,000,000 to be derived from admin11 istration fees in excess of $5.00 per supplementary pay12 ment collected pursuant to section 1616(d) of the Social 

13 Security Act or section 212(b)(3) of Public Law 93–66, 

14 which shall remain available until expended. To the extent 

15 that the amounts collected pursuant to such section 

16 1616(d) or 212(b)(3) in fiscal year 2006 exceed 

17 $119,000,000, the amounts shall be available in fiscal year 

18 2007 only to the extent provided in advance in appropria19 tions Acts. 

20 In addition, up to $1,000,000 to be derived from fees 

21 collected pursuant to section 303(c) of the Social Security 

22 Protection Act (Public Law 108–203), which shall remain 

23 available until expended. 
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1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses necessary for the Office of Inspector 

4 General in carrying out the provisions of the Inspector 

5 General Act of 1978, as amended, $26,000,000, together 

6 with not to exceed $66,805,000, to be transferred and ex7 pended as authorized by section 201(g)(1) of the Social 

8 Security Act from the Federal Old-Age and Survivors In9 surance Trust Fund and the Federal Disability Insurance 

10 Trust Fund. 

11 In addition, an amount not to exceed 3 percent of 

12 the total provided in this appropriation may be transferred 

13 from the ‘‘Limitation on Administrative Expenses’’, Social 

14 Security Administration, to be merged with this account, 

15 to be available for the time and purposes for which this 

16 account is available: Provided, That notice of such trans17 fers shall be transmitted promptly to the Committees on 

18 Appropriations of the House and Senate. 

19 TITLE V—GENERAL PROVISIONS 

20 SEC. 501. The Secretaries of Labor, Health and 

21 Human Services, and Education are authorized to transfer 

22 unexpended balances of prior appropriations to accounts 

23 corresponding to current appropriations provided in this 

24 Act: Provided, That such transferred balances are used for 

25 the same purpose, and for the same periods of time, for 

26 which they were originally appropriated. 
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1 SEC. 502. No part of any appropriation contained in 

2 this Act shall remain available for obligation beyond the 

3 current fiscal year unless expressly so provided herein. 

4 SEC. 503. (a) No part of any appropriation contained 

5 in this Act shall be used directly or indirectly, including 

6 by private contractor, other than for normal and recog7 nized executive-legislative relationships, for publicity or 

8 propaganda purposes, for the preparation, distribution, or 

9 use of any kit, pamphlet, booklet, publication, radio, tele10 vision, or video presentation designed to support or defeat 

11 legislation pending before the Congress or any State legis12 lature, except in presentation to the Congress or any State 

13 legislature itself. 

14 (b) No part of any appropriation contained in this 

15 Act shall be used to pay the salary or expenses of any 

16 grant or contract recipient, or agent acting for such recipi17 ent, related to any activity designed to influence legislation 

18 or appropriations pending before the Congress or any 

19 State legislature. 

20 SEC. 504. The Secretaries of Labor and Education 

21 are authorized to make available not to exceed $28,000 

22 and $20,000, respectively, from funds available for sala23 ries and expenses under titles I and III, respectively, for 

24 official reception and representation expenses; the Direc25 tor of the Federal Mediation and Conciliation Service is 
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1 authorized to make available for official reception and rep2 resentation expenses not to exceed $5,000 from the funds 

3 available for ‘‘Salaries and expenses, Federal Mediation 

4 and Conciliation Service’’; and the Chairman of the Na5 tional Mediation Board is authorized to make available for 

6 official reception and representation expenses not to ex7 ceed $5,000 from funds available for ‘‘Salaries and ex8 penses, National Mediation Board’’. 

9 SEC. 505. Notwithstanding any other provision of 

10 this Act, no funds appropriated under this Act shall be 

11 used to carry out any program of distributing sterile nee12 dles or syringes for the hypodermic injection of any illegal 

13 drug. 

14 SEC. 506. When issuing statements, press releases, 

15 requests for proposals, bid solicitations and other docu16 ments describing projects or programs funded in whole or 

17 in part with Federal money, all grantees receiving Federal 

18 funds included in this Act, including but not limited to 

19 State and local governments and recipients of Federal re20 search grants, shall clearly state— 

21 (1) the percentage of the total costs of the pro22 gram or project which will be financed with Federal 

23 money; 

24 (2) the dollar amount of Federal funds for the 

25 project or program; and 
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1 (3) percentage and dollar amount of the total 

2 costs of the project or program that will be financed 

3 by non-governmental sources. 

4 SEC. 507. (a) None of the funds appropriated under 

5 this Act, and none of the funds in any trust fund to which 

6 funds are appropriated under this Act, shall be expended 

7 for any abortion. 

8 (b) None of the funds appropriated under this Act, 

9 and none of the funds in any trust fund to which funds 

10 are appropriated under this Act, shall be expended for 

11 health benefits coverage that includes coverage of abor12 tion. 

13 (c) The term ‘‘health benefits coverage’’ means the 

14 package of services covered by a managed care provider 

15 or organization pursuant to a contract or other arrange16 ment. 

17 SEC. 508. (a) The limitations established in the pre18 ceding section shall not apply to an abortion— 

19 (1) if the pregnancy is the result of an act of 

20 rape or incest; or 

21 (2) in the case where a woman suffers from a 

22 physical disorder, physical injury, or physical illness, 

23 including a life-endangering physical condition 

24 caused by or arising from the pregnancy itself, that 
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1 would, as certified by a physician, place the woman 

2 in danger of death unless an abortion is performed. 

3 (b) Nothing in the preceding section shall be con4 strued as prohibiting the expenditure by a State, locality, 

5 entity, or private person of State, local, or private funds 

6 (other than a State’s or locality’s contribution of Medicaid 

7 matching funds). 

8 (c) Nothing in the preceding section shall be con9 strued as restricting the ability of any managed care pro10 vider from offering abortion coverage or the ability of a 

11 State or locality to contract separately with such a pro12 vider for such coverage with State funds (other than a 

13 State’s or locality’s contribution of Medicaid matching 

14 funds). 

15 (d)(1) None of the funds made available in this Act 

16 may be made available to a Federal agency or program, 

17 or to a State or local government, if such agency, program, 

18 or government subjects any institutional or individual 

19 health care entity to discrimination on the basis that the 

20 health care entity does not provide, pay for, provide cov21 erage of, or refer for abortions. 

22 (2) In this subsection, the term ‘‘health care entity’’ 

23 includes an individual physician or other health care pro24 fessional, a hospital, a provider-sponsored organization, a 

25 health maintenance organization, a health insurance plan, 
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1 or any other kind of health care facility, organization, or 

2 plan. 

3 SEC. 509. (a) None of the funds made available in 

4 this Act may be used for— 

5 (1) the creation of a human embryo or embryos 

6 for research purposes; or 

7 (2) research in which a human embryo or em8 bryos are destroyed, discarded, or knowingly sub9 jected to risk of injury or death greater than that 

10 allowed for research on fetuses in utero under 45 

11 CFR 46.208(a)(2) and section 498(b) of the Public 

12 Health Service Act (42 U.S.C. 289g(b)). 

13 (b) For purposes of this section, the term ‘‘human 

14 embryo or embryos’’ includes any organism, not protected 

15 as a human subject under 45 CFR 46 as of the date of 

16 the enactment of this Act, that is derived by fertilization, 

17 parthenogenesis, cloning, or any other means from one or 

18 more human gametes or human diploid cells. 

19 SEC. 510. (a) None of the funds made available in 

20 this Act may be used for any activity that promotes the 

21 legalization of any drug or other substance included in 

22 schedule I of the schedules of controlled substances estab23 lished by section 202 of the Controlled Substances Act (21 

24 U.S.C. 812). 
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1 (b) The limitation in subsection (a) shall not apply 

2 when there is significant medical evidence of a therapeutic 

3 advantage to the use of such drug or other substance or 

4 that federally sponsored clinical trials are being conducted 

5 to determine therapeutic advantage. 

6 SEC. 511. None of the funds made available in this 

7 Act may be used to promulgate or adopt any final stand8 ard under section 1173(b) of the Social Security Act (42 

9 U.S.C. 1320d–2(b)) providing for, or providing for the as10 signment of, a unique health identifier for an individual 

11 (except in an individual’s capacity as an employer or a 

12 health care provider), until legislation is enacted specifi13 cally approving the standard. 

14 SEC. 512. None of the funds made available in this 

15 Act may be transferred to any department, agency, or in16 strumentality of the United States Government, except 

17 pursuant to a transfer made by, or transfer authority pro18 vided in, this Act or any other appropriation Act. 

19 SEC. 513. None of the funds made available by this 

20 Act to carry out the Library Services and Technology Act 

21 may be made available to any library covered by para22 graph (1) of section 224(f) of such Act (20 U.S.C. 

23 9134(f)), as amended by the Children’s Internet Protec24 tions Act, unless such library has made the certifications 

25 required by paragraph (4) of such section. 
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1 SEC. 514. None of the funds made available by this 

2 Act to carry out part D of title II of the Elementary and 

3 Secondary Education Act of 1965 may be made available 

4 to any elementary or secondary school covered by para5 graph (1) of section 2441(a) of such Act (20 U.S.C. 

6 6777(a)), as amended by the Children’s Internet Protec7 tions Act and the No Child Left Behind Act, unless the 

8 local educational agency with responsibility for such cov9 ered school has made the certifications required by para10 graph (2) of such section. 

11 SEC. 515. None of the funds appropriated in this Act 

12 may be used to enter into an arrangement under section 

13 7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C. 

14 231f(b)(4)) with a nongovernmental financial institution 

15 to serve as disbursing agent for benefits payable under 

16 the Railroad Retirement Act of 1974. 

17 SEC. 516. (a) None of the funds provided under this 

18 Act, or provided under previous appropriations Acts to the 

19 agencies funded by this Act that remain available for obli20 gation or expenditure in fiscal year 2006, or provided from 

21 any accounts in the Treasury of the United States derived 

22 by the collection of fees available to the agencies funded 

23 by this Act, shall be available for obligation or expenditure 

24 through a reprogramming of funds that— 

25 (1) creates new programs; 
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1 (2) eliminates a program, project, or activity; 

2 (3) increases funds or personnel by any means 

3 for any project or activity for which funds have been 

4 denied or restricted; 

5 (4) relocates an office or employees; 

6 (5) reorganizes or renames offices; 

7 (6) reorganizes programs or activities; or 

8 (7) contracts out or privatizes any functions or 

9 activities presently performed by Federal employees; 

10 unless the Appropriations Committees of both Houses of 

11 Congress are notified 15 days in advance of such re12 programming or of an announcement of intent relating to 

13 such reprogramming, whichever occurs earlier. 

14 (b) None of the funds provided under this Act, or 

15 provided under previous appropriations Acts to the agen16 cies funded by this Act that remain available for obligation 

17 or expenditure in fiscal year 2006, or provided from any 

18 accounts in the Treasury of the United States derived by 

19 the collection of fees available to the agencies funded by 

20 this Act, shall be available for obligation or expenditure 

21 through a reprogramming of funds in excess of $500,000 

22 or 10 percent, whichever is less, that— 

23 (1) augments existing programs, projects (in24 cluding construction projects), or activities; 
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1 (2) reduces by 10 percent funding for any exist2 ing program, project, or activity, or numbers of per3 sonnel by 10 percent as approved by Congress; or 

4 (3) results from any general savings from a re5 duction in personnel which would result in a change 

6 in existing programs, activities, or projects as ap7 proved by Congress; 

8 unless the Appropriations Committees of both Houses of 

9 Congress are notified 15 days in advance of such re10 programming or of an announcement of intent relating to 

11 such reprogramming, whichever occurs earlier. 

12 SEC. 517. Section 1015(b) of Public Law 108–173 

13 is amended by striking ‘‘2005’’ and inserting ‘‘2006’’. 

14 SEC. 518. (a) None of the funds made available in 

15 this Act may be used for the payment or reimbursement, 

16 including payment or reimbursement under the programs 

17 described in subsection (b), of a drug that is prescribed 

18 to an individual described in subsection (c) for the treat19 ment of sexual or erectile dysfunction. 

20 (b) The programs described in this subsection are the 

21 medicaid program, the medicare program, and health re22 lated programs funded under the Public Health Service 

23 Act. 

24 (c) An individual described in this subsection is an 

25 individual who has a conviction for sexual abuse, sexual 
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1 assault, or any other sexual offense, and includes any indi2 vidual who is registered (or who is a person required to 

3 register) under section 170101 or 170102 of the Violent 

4 Crime Control and Law Enforcement Act of 1994 (42 

5 U.S.C. 14071, 14072). 

6 SEC. 519. The amounts otherwise provided in this 

7 Act for the following accounts and activities are hereby 

8 reduced by the following amounts, and none of the funds 

9 made available in this Act may be used to carry out the 

10 rescission specified in this Act under the heading ‘‘Cor11 poration for Public Broadcasting’’: 

12 (1) ‘‘Department of Labor, Employment and 

13 Training Administration, Training and Employment 

14 Services’’, $58,000,000. 

15 (2) ‘‘Department of Labor, Departmental Man16 agement, Salaries and Expenses’’, $4,640,000. 

17 (3) ‘‘Department of Health and Human Serv18 ices, Health Resources and Services Administration, 

19 Health Resources and Services’’, $2,920,000. 

20 (4) ‘‘Department of Education, Higher Edu21 cation’’, $27,000,000. 

22 (5) ‘‘Department of Education, Departmental 

23 Management, Program Administration’’, 

24 $8,380,000. 
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1 SEC. 520. None of the funds made available in this 

2 Act may be used to enforce Determination ED–OIG/A05– 

3 D0008 of the Department of Education. 

4 SEC. 521. None of the funds appropriated by this Act 

5 may be used by the Pension Benefit Guaranty Corporation 

6 to enforce or implement the ‘‘Settlement Agreement By 

7 and Among UAL Corporation and all Direct and Indirect 

8 Subsidiaries and Pension Benefit Guaranty Corporation’’, 

9 dated April 22, 2005. 

10 SEC. 522. None of the funds made available in this 

11 Act may be used to place social security account numbers 

12 on identification cards issued to beneficiaries under the 

13 medicare program under title XVIII of the Social Security 

14 Act. 

15 SEC. 523. None of the funds made available in this 

16 Act may be used to reimburse, or provide reimbursement, 

17 for Viagra, Levitra, or Cialis. 

18 SEC. 524. None of the funds made available under 

19 this Act to the Department of Education may be expended 

20 in contravention of section 505 of the Illegal Immigration 

21 Reform and Responsibility Act of 1996 (8 U.S.C. 1623). 

22 SEC. 525. None of the funds made available in this 

23 Act may be used by the National Institute of Mental 

24 Health for any of the following grants: 
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1 (1) Grant number MH060105 (Perceived Re2 gard and Relationship Resilience in Newlyweds). 

3 (2) Grant number MH047313 (Perceptual 

4 Bases of Visual Concepts in Pigeons). 

5 SEC. 526. None of the funds made available in this 

6 Act may be used to implement any strategic plan under 

7 section 3 of Executive Order No. 13335 (regarding inter8 operable health information technology) that does not re9 quire the Department of Health and Human Services to 

10 give notice to any patient whose information maintained 

11 by the Department under the strategic plan is lost, stolen, 

12 or used for a purpose other than the purpose for which 

13 the information was collected. 

14 SEC. 527. None of the funds made available in this 

15 Act may be used by the Department of Health and Human 

16 Services to appoint an individual to a Federal advisory 

17 committee on the basis of political affiliation, unless re18 quired by Federal statute. 

19 SEC. 528. None of the funds appropriated by this Act 

20 may be used by the Commissioner of Social Security or 

21 the Social Security Administration to pay the compensa22 tion of employees of the Social Security Administration 

23 to administer Social Security benefit payments under a to24 talization agreement with Mexico which are inconsistent 

25 with Federal law. 
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1 SEC. 529. None of the funds made available in this 

2 Act may be used to administer or pay any special allow3 ance under section 438(b)(2)(B) of the Higher Education 

4 Act of 1965 (20 U.S.C. 1087–1(b)(2)(B)) with respect 

5 to— 

6 (1) any loan made or purchased after the date 

7 of enactment of this Act; 

8 (2) any loan that had not qualified before such 

9 date of enactment for receipt of a special allowance 

10 payment determined under section 438(b)(2)(B) of 

11 the Higher Education Act of 1965; or 

12 (3) any loan made or purchased before such 

13 date of enactment with funds described in the first 

14 or second sentence of section 438(b)(2)(B)(i) of such 

15 Act if— 

16 (A) the obligation described in the first 

17 such sentence has, after such date of enact18 ment, matured, or been retired or defeased; or 

19 (B) the maturity date or the date of retire20 ment of the obligation described in the first 

21 such sentence has, after such date of enact22 ment, been extended. 
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1 This Act may be cited as the ‘‘Departments of Labor, 

2 Health and Human Services, and Education, and Related 

3 Agencies Appropriations Act, 2006’’. 

Passed the House of Representatives June 24, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.