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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3010 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      October 27, 2005.
    Resolved, That the bill from the House of Representatives (H.R. 
3010) entitled ``An Act to 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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2006, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                         (including rescission)

    For necessary expenses of the Workforce Investment Act of 1998, the 
Denali Commission Act of 1998, and the Women in Apprenticeship and Non-
Traditional Occupations Act of 1992, including the purchase and hire of 
passenger motor vehicles, the construction, alteration, and repair of 
buildings and other facilities, and the purchase of real property for 
training centers as authorized by the Workforce Investment Act of 1998; 
$2,787,806,000 plus reimbursements, of which $1,791,518,000 is 
available for obligation for the period July 1, 2006 through June 30, 
2007; except that amounts determined by the Secretary of Labor to be 
necessary pursuant to sections 173(a)(4)(A) and 174(c) of the Workforce 
Investment Act of 1998 shall be available from October 1, 2005 until 
expended; and of which $986,288,000 is available for obligation for the 
period April 1, 2006 through June 30, 2007, to carry out chapter 4 of 
the Workforce Investment Act of 1998; and of which $10,000,000 is 
available for the period July 1, 2006 through June 30, 2007 for 
necessary expenses of construction, rehabilitation, and acquisition of 
Job Corps centers: Provided, That notwithstanding any other provision 
of law, of the funds provided herein under section 137(c) of the 
Workforce Investment Act of 1998, $282,800,000 shall be for activities 
described in section 132(a)(2)(A) of such Act and $1,193,264,000 shall 
be for activities described in section 132(a)(2)(B) of such Act: 
Provided further, That $125,000,000 shall be available for Community-
Based Job Training Grants, which shall be from funds reserved under 
section 132(a)(2)(A) of the Workforce Investment Act of 1998 and shall 
be used to carry out such grants under section 171(d) of such Act, 
except that the 10 percent limitation otherwise applicable to the 
amount of funds that may be used to carry out section 171(d) shall not 
be applicable to funds used for Community-Based Job Training grants: 
Provided further, That funds provided to carry out section 132(a)(2)(A) 
of the Workforce Investment Act of 1998 may be used to provide 
assistance to a State for State-wide or local use in order to address 
cases where there have been worker dislocations across multiple sectors 
or across multiple local areas and such workers remain dislocated; 
coordinate the State workforce development plan with emerging economic 
development needs; and train such eligible dislocated workers: Provided 
further, That $7,936,000 shall be for carrying out section 172 of the 
Workforce Investment Act of 1998: Provided further, That $982,000 shall 
be for carrying out Public Law 102-530: Provided further, That, 
notwithstanding any other provision of law or related regulation, 
$80,557,000 shall be for carrying out section 167 of the Workforce 
Investment Act of 1998, including $75,053,000 for formula grants, 
$5,000,000 for migrant and seasonal housing (of which not less than 70 
percent shall be for permanent housing), and $504,000 for other 
discretionary purposes: Provided further, That notwithstanding the 
transfer limitation under section 133(b)(4) of such Act, up to 30 
percent of such funds may be transferred by a local board if approved 
by the Governor: Provided further, That funds provided to carry out 
section 171(d) of the Workforce Investment Act of 1998 may be used for 
demonstration projects that provide assistance to new entrants in the 
workforce and incumbent workers: Provided further, That no funds from 
any other appropriation shall be used to provide meal services at or 
for Job Corps centers.
    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Act; $2,463,000,000 plus reimbursements, of which $2,363,000,000 is 
available for obligation for the period October 1, 2006 through June 
30, 2007, and of which $100,000,000 is available for the period October 
1, 2006 through June 30, 2009, for necessary expenses of construction, 
rehabilitation, and acquisition of Job Corps centers.
    Of the funds provided under this heading in Public Law 108-7 to 
carry out section 173(a)(4)(A) of the Workforce Investment Act of 1998, 
$20,000,000 are rescinded.
    Of the funds provided under this heading in Public Law 107-38, 
$5,000,000 are rescinded.
    The Secretary of Labor shall take no action to amend, through 
regulatory or administration action, the definition established in 20 
CFR 667.220 for functions and activities under title I of the Workforce 
Investment Act of 1998, or to modify, through regulatory or 
administrative action, the procedure for redesignation of local areas 
as specified in subtitle B of title I of that Act (including applying 
the standards specified in section 116(a)(3)(B) of that Act, but 
notwithstanding the time limits specified in section 116(a)(3)(B) of 
that Act), until such time as legislation reauthorizing the Act is 
enacted. Nothing in the preceding sentence shall permit or require the 
Secretary of Labor to withdraw approval for such redesignation from a 
State that received the approval not later than October 12, 2005, or to 
revise action taken or modify the redesignation procedure being used by 
the Secretary in order to complete such redesignation for a State that 
initiated the process of such redesignation by submitting any request 
for such redesignation not later than October 26, 2005.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965, as 
amended, $436,678,000.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I and section 246; and for 
training, allowances for job search and relocation, and related State 
administrative expenses under part II of chapter 2, title II of the 
Trade Act of 1974 (including the benefits and services described under 
sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment 
Assistance Reform Act of 2002, Public Law 107-210), $966,400,000, 
together with such amounts as may be necessary to be charged to the 
subsequent appropriation for payments for any period subsequent to 
September 15 of the current year.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $119,825,000: Provided, 
That amounts provided for in this Act for suicide prevention activities 
under the Garrett Lee Smith Memorial Act (Public law 108-355) shall be 
increased by $13,000,000: Provided further, That not to exceed 
$3,201,000,000 (including not to exceed $1,228,000 which may be used 
for amortization payments to States which had independent retirement 
plans in their State employment service agencies prior to 1980, and 
including $10,000,000 which may be used to conduct in-person 
reemployment and eligibility assessments of unemployment insurance 
beneficiaries by State unemployment insurance employees in one-stop 
career centers), which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund including the 
cost of administering section 51 of the Internal Revenue Code of 1986, 
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the 
Trade Act of 1974, as amended, the Immigration Act of 1990, and the 
Immigration and Nationality Act, as amended, and of which the sums 
available in the allocation for activities authorized by title III of 
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums 
available in the allocation for necessary administrative expenses for 
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by 
the States through December 31, 2006, except that funds used for 
automation acquisitions shall be available for obligation by the States 
through September 30, 2008; of which $132,825,000, together with not to 
exceed $723,188,000 of the amount which may be expended from said trust 
fund, shall be available for obligation for the period July 1, 2006 
through June 30, 2007, to fund activities under the Act of June 6, 
1933, as amended, including the cost of penalty mail authorized under 
39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments 
for such purpose: Provided, That to the extent that the Average Weekly 
Insured Unemployment (AWIU) for fiscal year 2006 is projected by the 
Department of Labor to exceed 2,800,000, an additional $28,600,000 
shall be available for obligation for every 100,000 increase in the 
AWIU level (including a pro rata amount for any increment less than 
100,000) from the Employment Security Administration Account of the 
Unemployment Trust Fund: Provided further, That funds appropriated in 
this Act which are used to establish a national one-stop career center 
system, or which are used to support the national activities of the 
Federal-State unemployment insurance or immigration programs, may be 
obligated in contracts, grants or agreements with non-State entities: 
Provided further, That funds appropriated in this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of 
the Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.
    In addition to amounts made available above, and subject to the 
same terms and conditions, $10,000,000 to conduct in-person 
reemployment and eligibility assessments of unemployment insurance 
beneficiaries by State unemployment insurance employees in one-stop 
career centers, and $30,000,000 to prevent and detect fraudulent 
unemployment benefits claims filed using personal information stolen 
from unsuspecting workers: Provided, That not later than 180 days 
following the end of fiscal year 2006, the Secretary shall provide a 
report to the Congress which includes:
            (1) the amount spent for in-person reemployment and 
        eligibility assessments of UI beneficiaries in One-Stop Career 
        Centers, as well as funds made available and expended to 
        prevent and detect fraudulent claims for unemployment benefits 
        filed using workers' stolen personal information;
            (2) the number of scheduled in-person reemployment and 
        eligibility assessments, the number of individuals who failed 
        to appear for scheduled assessments, actions taken as a result 
        of individuals not appearing for an assessment (e.g., benefits 
        terminated), results of assessments (e.g., referred to 
        reemployment services, found in compliance with program 
        requirements), estimated savings resulting from cessation of 
        benefits, and estimated savings as a result of accelerated 
        reemployment; and
            (3) the estimated number of UI benefit claims filed using 
        stolen identification that are discovered at the time of 
        initial filing, with an estimate of the resulting savings; and 
        the estimated number of ID theft-related continued claims 
        stopped, with an estimate of the amount paid on such fraudulent 
        claims and an estimate of the resulting savings from their 
        termination.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2007, $465,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2006, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

    For expenses of administering employment and training programs, 
$117,123,000, together with not to exceed $82,877,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                     workers compensation programs

                              (rescission)

    Of funds provided under this heading in the Emergency Supplemental 
Appropriations Act, 2002 (Public Law 107-117, division B), $120,000,000 
are rescinded.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $134,900,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2006 for such Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2006 shall be 
available for obligations for administrative expenses in excess of 
$296,978,000: Provided further, That obligations in excess of such 
amount may be incurred after approval by the Office of Management and 
Budget and the Committees on Appropriations of the House and Senate.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $410,568,000, together with 
$2,048,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That the Secretary of Labor is 
authorized to accept, retain, and spend, until expended, in the name of 
the Department of Labor, all sums of money ordered to be paid to the 
Secretary of Labor, in accordance with the terms of the Consent 
Judgment in Civil Action No. 91-0027 of the United States District 
Court for the District of the Northern Mariana Islands (May 21, 1992): 
Provided further, That the Secretary of Labor is authorized to 
establish and, in accordance with 31 U.S.C. 3302, collect and deposit 
in the Treasury fees for processing applications and issuing 
certificates under sections 11(d) and 14 of the Fair Labor Standards 
Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing 
applications and issuing registrations under title I of the Migrant and 
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the heading 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. 
App. 2012); and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $237,000,000, together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That amounts 
appropriated may be used under section 8104 of title 5, United States 
Code, by the Secretary of Labor to reimburse an employer, who is not 
the employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 2005, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary determines to be the cost 
of administration for employees of such fair share entities through 
September 30, 2006: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $53,695,000 
shall be made available to the Secretary as follows:
            (1) for enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $13,305,000;
            (2) for automated workload processing operations, including 
        document imaging, centralized mail intake and medical bill 
        processing, $27,148,000;
            (3) for periodic roll management and medical review, 
        $13,242,000; and
            (4) the remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under chapter 81 of title 5, 
United States Code, or 33 U.S.C. 901 et seq., provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, (the ``Act''), $232,250,000, 
to remain available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2007, $74,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $96,081,000, to remain available 
until expended: Provided, That the Secretary of Labor is authorized to 
transfer to any executive agency with authority under the Energy 
Employees Occupational Illness Compensation Act, including within the 
Department of Labor, such sums as may be necessary in fiscal year 2006 
to carry out those authorities: Provided further, That the Secretary 
may require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed: Provided further, 
That not later than 30 days after enactment, in addition to other sums 
transferred by the Secretary of Labor to the National Institute for 
Occupational Safety and Health (``NIOSH'') for the administration of 
the Energy Employees Occupational Illness Compensation Program 
(``EEOICPA''), the Secretary of Labor shall transfer $4,500,000 to 
NIOSH from the funds appropriated to the Energy Employees Occupational 
Illness Compensation Fund (42 U.S.C. 7384e), for use by or in support 
of the Advisory Board on Radiation and Worker Health (``the Board'') to 
carry out its statutory responsibilities under EEOICPA (42 U.S.C. 
7384n-q), including obtaining audits, technical assistance and other 
support from the Board's audit contractor with regard to radiation dose 
estimation and reconstruction efforts, site profiles, procedures, and 
review of Special Exposure Cohort petitions and evaluation reports.

                    black lung disability trust fund

                     (including transfer of funds)

    In fiscal year 2006 and thereafter, such sums as may be necessary 
from the Black Lung Disability Trust Fund, to remain available until 
expended, for payment of all benefits authorized by section 9501(d)(1), 
(2), (4), and (7) of the Internal Revenue Code of 1954, as amended; and 
interest on advances, as authorized by section 9501(c)(2) of that Act. 
In addition, the following amounts shall be available from the Fund for 
fiscal year 2006 for expenses of operation and administration of the 
Black Lung Benefits program, as authorized by section 9501(d)(5): 
$33,050,000 for transfer to the Employment Standards Administration 
``Salaries and Expenses''; $24,239,000 for transfer to Departmental 
Management, ``Salaries and Expenses''; $344,000 for transfer to 
Departmental Management, ``Office of Inspector General''; and $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $477,491,000, including not to exceed $92,013,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fiscal year of 
training institute course tuition fees, otherwise authorized by law to 
be collected, and may utilize such sums for occupational safety and 
health training and education grants: Provided, That, notwithstanding 
31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal 
year ending September 30, 2006, to collect and retain fees for services 
provided to Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of 29 U.S.C. 9a, to 
administer national and international laboratory recognition programs 
that ensure the safety of equipment and products used by workers in the 
workplace: Provided further, That none of the funds appropriated under 
this paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That not less than $3,200,000 shall be used to extend funding 
for the Institutional Competency Building training grants which 
commenced in September 2000, for program activities for the period of 
September 30, 2006 to September 30, 2007, provided that a grantee has 
demonstrated satisfactory performance.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $280,490,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration may retain up to $1,000,000 from fees collected for the 
approval and certification of equipment, materials, and explosives for 
use in mines, and may utilize such sums for such activities; the 
Secretary is authorized to accept lands, buildings, equipment, and 
other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, or 
private; the Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the mining 
community through cooperative programs with States, industry, and 
safety associations; and any funds available to the department may be 
used, with the approval of the Secretary, to provide for the costs of 
mine rescue and survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $464,678,000, 
together with not to exceed $77,845,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $5,000,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act (29 U.S.C. 
49l-2): Provided, That the Current Employment Survey shall maintain the 
content of the survey issued prior to June 2005 with respect to the 
collection of data for the women worker series.

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $47,164,000.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including the management or operation, 
through contracts, grants or other arrangements of Departmental 
activities conducted by or through the Bureau of International Labor 
Affairs, including bilateral and multilateral technical assistance and 
other international labor activities, $320,250,000, of which 
$6,944,000, to remain available until September 30, 2007, is for 
Frances Perkins Building Security Enhancements, and $29,760,000 is for 
the acquisition of Departmental information technology, architecture, 
infrastructure, equipment, software and related needs, which will be 
allocated by the Department's Chief Information Officer in accordance 
with the Department's capital investment management process to assure a 
sound investment strategy; together with not to exceed $311,000, which 
may be expended from the Employment Security Administration Account in 
the Unemployment Trust Fund: Provided, That no funds made available by 
this Act may be used by the Solicitor of Labor to participate in a 
review in any United States court of appeals of any decision made by 
the Benefits Review Board under section 21 of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 921) where such participation is 
precluded by the decision of the United States Supreme Court in 
Director, Office of Workers' Compensation Programs v. Newport News 
Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to 
the contrary contained in Rule 15 of the Federal Rules of Appellate 
Procedure: Provided further, That no funds made available by this Act 
may be used by the Secretary of Labor to review a decision under the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) 
that has been appealed and that has been pending before the Benefits 
Review Board for more than 12 months: Provided further, That any such 
decision pending a review by the Benefits Review Board for more than 1 
year shall be considered affirmed by the Benefits Review Board on the 
1-year anniversary of the filing of the appeal, and shall be considered 
the final order of the Board for purposes of obtaining a review in the 
United States courts of appeals: Provided further, That these 
provisions shall not be applicable to the review or appeal of any 
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et 
seq.).

                    veterans employment and training

    Not to exceed $194,834,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2006, of which $1,984,000 is for the 
National Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and 
the Veterans Workforce Investment Programs (29 U.S.C. 2913), 
$29,500,000, of which $7,500,000 shall be available for obligation for 
the period July 1, 2006 through June 30, 2007.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $67,211,000, together with not to exceed $5,608,000, which may 
be expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                          Working Capital Fund

    For the acquisition of a new core accounting system for the 
Department of Labor, including hardware and software infrastructure and 
the costs associated with implementation thereof, $6,230,000.

                           General Provisions

                          (transfer of funds)

    Sec. 101. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Labor in this Act may be transferred between a 
program, project, or activity, but no such program, project, or 
activity shall be increased by more than 3 percent by any such 
transfer: Provided, That a program, project, or activity may be 
increased by up to an additional 2 percent subject to approval by the 
House and Senate Committees on Appropriations: Provided further, That 
the transfer authority granted by this section shall be available only 
to meet emergency needs and shall not be used to create any new program 
or to fund any project or activity for which no funds are provided in 
this Act: Provided further, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 102. In accordance with Executive Order No. 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 103. There is authorized to be appropriated such sums as may 
be necessary to the Denali Commission through the Department of Labor 
to conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 104. For purposes of chapter 8 of division B of the Department 
of Defense and Emergency Supplemental Appropriations for Recovery from 
and Response to Terrorist Attacks on the United States Act, 2002 
(Public Law 107-117), payments made by the New York Workers' 
Compensation Board to the New York Crime Victims Board and the New York 
State Insurance Fund before the date of the enactment of this Act shall 
be deemed to have been made for workers compensation programs.
    Sec. 105. The Department of Labor shall submit its fiscal year 2007 
congressional budget justifications to the Committees on Appropriations 
of the House of Representatives and the Senate in the format and level 
of detail used by the Department of Education in its fiscal year 2006 
congressional budget justifications.
    Sec. 106. Notwithstanding any other provision of law, $125,000,000 
shall be available and shall remain available until expended to replace 
the funds appropriated but not expended under chapter 8 of division B 
of the Department of Defense and Emergency Supplemental Appropriations 
for Recovery from and Response to Terrorist Attacks on the United 
States Act, 2002 (Public Law 107-117), and of such amount, $50,000,000 
shall be made available for payment to the New York State Uninsured 
Employers Fund for reimbursement of claims related to the terrorist 
attacks of September 11, 2001 and for reimbursement of claims related 
to the first response emergency services personnel who were injured, 
were disabled, or died due to such terrorist attacks, and $75,000,000 
shall be made available to the Centers for Disease Control and 
Prevention upon enactment of this Act, and shall remain available until 
expended, for purposes related to the September 11, 2001 terrorist 
attacks. In expending such funds, the Director of the Centers for 
Disease Control and Prevention shall give first priority to the 
existing programs coordinated by the Mount Sinai Center for 
Occupational and Environmental Medicine, the Fire Department of New 
York City Bureau of Health Services and Counseling Services Unit, the 
New York City Police Foundation's Project COPE, Police Organization 
Providing Peer Assistance, and the New York City Department of Health 
and Mental Hygiene World Trade Center Health Registry that administer 
baseline and follow-up screening, clinical examinations, or long-term 
medical health monitoring, analysis, or treatment for emergency 
services personnel or rescue and recovery personnel, and shall give 
secondary priority to similar programs coordinated by other entities 
working with the State of New York and New York City.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2006''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V and sections 1128E, and 711, 
and 1820 of the Social Security Act, the Health Care Quality 
Improvement Act of 1986, as amended, the Native Hawaiian Health Care 
Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000, 
section 712 of the American Jobs Creation Act of 2004, the Poison 
Control Center Enhancement and Awareness Act, as amended, and for 
expenses necessary to support activities related to countering 
potential biological, disease, nuclear, radiological and chemical 
threats to civilian populations, $7,325,634,000, of which $397,951,000 
shall be available for construction and renovation (including 
equipment) of health care and other facilities and other health-related 
activities, and of which $64,180,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program under section 1820 of such Act (of which $25,000,000 is 
for a Rural Health, Education, and Workforce Infrastructure 
Demonstration Program which shall solicit and fund proposals from local 
governments, hospitals, universities, and rural public health-related 
entities and organizations for research development, educational 
programs, job training, and construction of public health-related 
facilities): Provided, That of the funds made available under this 
heading, $222,000 shall be available until expended for facilities 
renovations at the Gillis W. Long Hansen's Disease Center: Provided 
further, That in addition to fees authorized by section 427(b) of the 
Health Care Quality Improvement Act of 1986, fees shall be collected 
for the full disclosure of information under the Act sufficient to 
recover the full costs of operating the National Practitioner Data 
Bank, and shall remain available until expended to carry out that Act: 
Provided further, That fees collected for the full disclosure of 
information under the ``Health Care Fraud and Abuse Data Collection 
Program'', authorized by section 1128E(d)(2) of the Social Security 
Act, shall be sufficient to recover the full costs of operating the 
program, and shall remain available until expended to carry out that 
Act: Provided further, That $20,000,000 of the funding provided for 
community health centers shall be used for base grant adjustments for 
existing centers: Provided further, That no more than $99,000 is 
available until expended for carrying out the provisions of 42 U.S.C. 
233(o) including associated administrative expenses: Provided further, 
That $13,000,000 of the funding provided for Health Centers shall be 
used for high-need counties, notwithstanding section 330(r)(2)(B) of 
the Public Health Service Act: Provided further, That no more than 
$45,000,000 is available until expended for carrying out the provisions 
of Public Law 104-73 and for expenses incurred by the Department of 
Health and Human Services pertaining to administrative claims made 
under such law: Provided further, That $9,859,000 is available until 
expended for the National Cord Blood Stem Cell Bank Program as 
described in House Report 108-401: Provided further, That of the funds 
made available under this heading, $285,963,000 shall be for the 
program under title X of the Public Health Service Act to provide for 
voluntary family planning projects: Provided further, That amounts 
provided to said projects under such title shall not be expended for 
abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That $797,521,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 
of the Public Health Service Act: Provided further, That in addition to 
amounts provided herein, $25,000,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to carry 
out Parts A, B, C, and D of title XXVI of the Public Health Service Act 
to fund section 2691 Special Projects of National Significance: 
Provided further, That, notwithstanding section 502(a)(1) of the Social 
Security Act, not to exceed $121,396,250 is available for carrying out 
special projects of regional and national significance pursuant to 
section 501(a)(2) of such Act: Provided further, That of the funds 
provided, $39,680,000 shall be provided to the Denali Commission as a 
direct lump payment pursuant to Public Law 106-113.

           health education assistance loans program account

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act, 
as amended. For administrative expenses to carry out the guaranteed 
loan program, including section 709 of the Public Health Service Act, 
$2,916,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,600,000 shall 
be available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 
203, 301, and 501 of the Federal Mine Safety and Health Act of 1977, 
sections 20, 21, and 22 of the Occupational Safety and Health Act of 
1970, title IV of the Immigration and Nationality Act, section 501 of 
the Refugee Education Assistance Act of 1980, and for expenses 
necessary to support activities related to countering potential 
biological, disease, nuclear, radiological, and chemical threats to 
civilian populations; including purchase and insurance of official 
motor vehicles in foreign countries; and purchase, hire, maintenance, 
and operation of aircraft, $5,989,115,000, of which $225,000,000 shall 
remain available until expended for equipment, and construction and 
renovation of facilities; of which $30,000,000 of the amounts available 
for immunization activities shall remain available until expended; of 
which $542,000,000 shall remain available until expended for the 
Strategic National Stockpile; and of which $123,883,000 for 
international HIV/AIDS shall remain available until September 30, 2007. 
In addition, such sums as may be derived from authorized user fees, 
which shall be credited to this account: Provided, That in addition to 
amounts provided herein, the following amounts shall be available from 
amounts available under section 241 of the Public Health Service Act: 
(1) $12,794,000 to carry out the National Immunization Surveys; (2) 
$109,021,000 to carry out the National Center for Health Statistics 
surveys; (3) $24,751,000 to carry out information systems standards 
development and architecture and applications-based research used at 
local public health levels; (4) $463,000 for Health Marketing 
evaluations; (5) $31,000,000 to carry out Public Health Research; and 
(6) $87,071,000 to carry out research activities within the National 
Occupational Research Agenda: Provided further, That none of the funds 
made available for injury prevention and control at the Centers for 
Disease Control and Prevention may be used, in whole or in part, to 
advocate or promote gun control: Provided further, That up to 
$31,800,000 shall be made available until expended for Individual 
Learning Accounts for full-time equivalent employees of the Centers for 
Disease Control and Prevention: Provided further, That the Director may 
redirect the total amount made available under authority of Public Law 
101-502, section 3, dated November 3, 1990, to activities the Director 
may so designate: Provided further, That the Congress is to be notified 
promptly of any such transfer: Provided further, That not to exceed 
$12,500,000 may be available for making grants under section 1509 of 
the Public Health Service Act to not more than 15 States, tribes, or 
tribal organizations: Provided further, That without regard to existing 
statute, funds appropriated may be used to proceed, at the discretion 
of the Centers for Disease Control and Prevention, with property 
acquisition, including a long-term ground lease for construction on 
non-Federal land, to support the construction of a replacement 
laboratory in the Fort Collins, Colorado area: Provided further, That 
notwithstanding any other provision of law, a single contract or 
related contracts for development and construction of facilities may be 
employed which collectively include the full scope of the project: 
Provided further, That the solicitation and contract shall contain the 
clause ``availability of funds'' found at 48 CFR 52.232-18: Provided 
further, That of the funds appropriated, $10,000 is for official 
reception and representation expenses when specifically approved by the 
Director of the Centers for Disease Control and Prevention: Provided 
further, That employees of the Centers for Disease Control and 
Prevention or the Public Health Service, both civilian and Commissioned 
Officers, detailed to States, municipalities, or other organizations 
under authority of section 214 of the Public Health Service Act, shall 
be treated as non-Federal employees for reporting purposes only and 
shall not be included within any personnel ceiling applicable to the 
Agency, Service, or the Department of Health and Human Services during 
the period of detail or assignment.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $4,960,828,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
NCI-Frederick Federally Funded Research and Development Center in 
Frederick, Maryland.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $3,023,381,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $405,269,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,767,919,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,591,924,000.

         national institute of allergy and infectious diseases

                     (including transfer of funds)

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,547,136,000: Provided, That $100,000,000 may be made available to 
International Assistance Programs ``Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis'', to remain available until expended: 
Provided further, That up to $30,000,000 shall be for extramural 
facilities construction grants to enhance the Nation's capability to do 
research on biological and other agents.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $2,002,622,000.

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,310,989,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$693,559,000.

          national institute of environmental health sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$667,372,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,090,600,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $525,758,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$409,432,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $142,549,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $452,271,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,035,167,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,460,393,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $502,804,000.

      national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $309,091,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,188,079,000: Provided, That none of these funds 
shall be used to pay recipients of the general research support grants 
program any amount for indirect expenses in connection with such 
grants: Provided further, That $30,000,000 shall be for extramural 
facilities construction grants.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$126,978,000.

       national center on minority health and health disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $203,367,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, $68,745,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$327,222,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 2006, 
the Library may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health: Provided 
further, That in addition to amounts provided herein, $8,200,000 shall 
be available from amounts available under section 241 of the Public 
Health Service Act to carry out National Information Center on Health 
Services Research and Health Care Technology and related health 
services.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $487,434,000, of which up to 
$10,000,000 shall be used to carry out section 216 of this Act: 
Provided, That funding shall be available for the purchase of not to 
exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the Director may direct up to 1 percent of the total 
amount made available in this or any other Act to all National 
Institutes of Health appropriations to activities the Director may so 
designate: Provided further, That no such appropriation shall be 
decreased by more than 1 percent by any such transfers and that the 
Congress is promptly notified of the transfer: Provided further, That 
the National Institutes of Health is authorized to collect third party 
payments for the cost of clinical services that are incurred in 
National Institutes of Health research facilities and that such 
payments shall be credited to the National Institutes of Health 
Management Fund: Provided further, That all funds credited to the 
National Institutes of Health Management Fund shall remain available 
for one fiscal year after the fiscal year in which they are deposited: 
Provided further, That up to $500,000 shall be available to carry out 
section 499 of the Public Health Service Act: Provided further, That in 
addition to the transfer authority provided above, a uniform percentage 
of the amounts appropriated in this Act to each Institute and Center 
may be transferred and utilized for the National Institutes of Health 
Roadmap for Medical Research: Provided further, That the amount 
utilized under the preceding proviso shall not exceed $250,000,000 
without prior notification to the Committees on Appropriations of the 
House of Representatives and the Senate: Provided further, That amounts 
transferred and utilized under the preceding two provisos shall be in 
addition to amounts made available for the Roadmap for Medical Research 
from the Director's Discretionary Fund and to any amounts allocated to 
activities related to the Roadmap through the normal research priority-
setting process of individual Institutes and Centers: Provided further, 
That of the funds provided $10,000 shall be for official reception and 
representation expenses when specifically approved by the Director of 
NIH.

                        buildings and facilities

    For the study of, construction of, renovation of, and acquisition 
of equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $113,626,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, single contracts or related contracts, which 
collectively include the full scope of the project, may be employed for 
the development and construction of the first and second phases of the 
John Edward Porter Neuroscience Research Center: Provided further, That 
the solicitations and contracts shall contain the clause ``availability 
of funds'' found at 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles V and XIX of the Public Health Service Act 
(``PHS Act'') with respect to substance abuse and mental health 
services, the Protection and Advocacy for Individuals with Mental 
Illness Act, and section 301 of the PHS Act with respect to program 
management, $3,261,783,000: Provided, That in addition to amounts 
provided herein, the following amounts shall be available from amounts 
available under section 241 of the PHS Act: (1) $79,200,000 to carry 
out subpart II of part B of title XIX of the PHS Act to fund section 
1935(b) technical assistance, national data, data collection and 
evaluation activities, and further that the total available in this Act 
for section 1935(b) activities shall not exceed 5 percent of the 
amounts appropriated for subpart II of part B of title XIX; (2) 
$21,803,000 to carry out subpart I of Part B of title XIX of the PHS 
Act to fund section 1920(b) technical assistance, national data, data 
collection and evaluation activities, and further that the total 
available in this Act for section 1920(b) activities shall not exceed 5 
percent of the amounts appropriated for subpart I of Part B of title 
XIX; (3) $16,000,000 to carry out national surveys on drug abuse; (4) 
$2,000,000 for mental health data collection; and (5) $4,300,000 to 
evaluate substance abuse treatment programs.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    For carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, amounts 
received from Freedom of Information Act fees, reimbursable and 
interagency agreements, and the sale of data shall be credited to this 
appropriation and shall remain available until expended: Provided, That 
the amount made available pursuant to section 927(c) of the Public 
Health Service Act shall not exceed $323,695,000: Provided further, 
That not more than $50,000,000 of these funds shall be for the 
development of scientific evidence that supports the implementation and 
evaluation of health care information technology systems.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $156,954,419,000, to remain available until 
expended.
    For making, after May 31, 2006, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2006 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2007, $62,783,825,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under section 
1844, 1860D-16, and 1860D-31 of the Social Security Act, sections 
103(c) and 111(d) of the Social Security Amendments of 1965, section 
278(d) of Public Law 97-248, and for administrative expenses incurred 
pursuant to section 201(g) of the Social Security Act, 
$177,822,200,000.
    In addition, for making matching payments under section 1844, and 
benefit payments under 1860D-16 and 1860D-31, of the Social Security 
Act, not anticipated in budget estimates, such sums as may be 
necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act, and the Clinical Laboratory Improvement 
Amendments of 1988, not to exceed $3,188,418,000, to be transferred 
from the Federal Hospital Insurance and the Federal Supplementary 
Medical Insurance Trust Funds, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the Public Health Service Act and section 
1857(e)(2) of the Social Security Act, and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
remain available until expended: Provided, That all funds derived in 
accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the Public Health Service Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $24,205,000, to remain available until September 30, 
2007, is for contract costs for the Centers for Medicare and Medicaid 
Services Systems Revitalization Plan: Provided further, That 
$79,934,000, to remain available until September 30, 2007, is for 
contract costs for the Healthcare Integrated General Ledger Accounting 
System: Provided further, That funds appropriated under this heading 
are available for the Healthy Start, Grow Smart program under which the 
Centers for Medicare and Medicaid Services may, directly or through 
grants, contracts, or cooperative agreements, produce and distribute 
informational materials including, but not limited to, pamphlets and 
brochures on infant and toddler health care to expectant parents 
enrolled in the Medicaid program and to parents and guardians enrolled 
in such program with infants and children: Provided further, That the 
Secretary of Health and Human Services is directed to collect fees in 
fiscal year 2006 from Medicare Advantage organizations pursuant to 
section 1857(e)(2) of the Social Security Act and from eligible 
organizations with risk-sharing contracts under section 1876 of that 
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further, 
That to the extent Medicare claims volume is projected by the Centers 
for Medicare and Medicaid Services (CMS) to exceed 200,000,000 Part A 
claims and/or 1,022,100,000 Part B claims, an additional $32,500,000 
shall be available for obligation for every 50,000,000 increase in 
Medicare claims volume (including a pro rata amount for any increment 
less than 50,000,000) from the Federal Hospital Insurance and the 
Federal Supplementary Medical Insurance Trust Funds: Provided further, 
That the Secretary, by not later than January 1, 2006, shall produce 
and mail a corrected version of the annual notice required under 
section 1804(a) of the Social Security Act (42 U.S.C. 1395b-2(a)) to 
each beneficiary described in the second sentence of such section, 
together with an explanation of the error in the previous annual notice 
that was mailed to such beneficiaries.

      health maintenance organization loan and loan guarantee fund

    For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, any amounts received by the Secretary in 
connection with loans and loan guarantees under title XIII of the 
Public Health Service Act, to be available without fiscal year 
limitation for the payment of outstanding obligations. During fiscal 
year 2006, no commitments for direct loans or loan guarantees shall be 
made.

              health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity 
and program management, $80,000,000, to be transferred from the Federal 
Hospital Insurance and the Federal Supplementary Medical Insurance 
Trust Funds, as authorized by section 201(g) of the Social Security 
Act, of which $75,000,000 is for the Medicare Integrity Program at the 
Centers for Medicare and Medicaid Services (``CMS'') to conduct 
oversight of activities authorized in Titles I and II of Public Law 
108-173, with oversight activities including those activities listed in 
18 U.S.C. 1893(b), and of which $5,000,000 is for the Medicaid program 
integrity activities, together with not less than $20,000,000 made 
available to the Secretary by section 1817(k)(3) of the Social Security 
Act: Provided, That the report required by 18 U.S.C. 1817(k)(5) for 
fiscal year 2006 shall include measures of the operational efficiency 
and impact on fraud, waste and abuse in the Medicare and Medicaid 
programs for the funds provided by this appropriation.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,121,643,000, to remain 
available until expended; and for such purposes for the first quarter 
of fiscal year 2007, $1,200,000,000, to remain available until 
expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families (TANF) with respect to such State, such 
sums as may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under such title IV-A 
in fiscal year 1997 under this appropriation and under such title IV-A 
as amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations under 
section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960 (24 
U.S.C. ch. 9), for the last 3 months of the current fiscal year for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.

                   low-income home energy assistance

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,883,000,000.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $300,000,000, to remain available until 
expended: Provided, That these funds are for the unanticipated home 
energy assistance needs of one or more States, as authorized by section 
2604(e) of the Act: Provided further, That the entire amount is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                     refugee and entrant assistance

    For necessary expenses for refugee and entrant assistance 
activities and for costs associated with the care and placement of 
unaccompanied alien children authorized by title IV of the Immigration 
and Nationality Act and section 501 of the Refugee Education Assistance 
Act of 1980 (Public Law 96-422), for carrying out section 462 of the 
Homeland Security Act of 2002 (Public Law 107-296), and for carrying 
out the Torture Victims Relief Act of 2003 (Public Law 108-179), 
$552,040,000, of which up to $9,915,000 shall be available to carry out 
the Trafficking Victims Protection Act of 2003 (Public Law 108-193): 
Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act and section 462 
of the Homeland Security Act of 2002 for fiscal year 2006 shall be 
available for the costs of assistance provided and other activities to 
remain available through September 30, 2008.
    For an additional amount for the necessary expenses for refugee and 
entrant assistance activities and for costs associated with the care 
and placement of unaccompanied children authorized by title IV of the 
Immigration and Nationality Act, section 501 of the Refugee Education 
Assistance Act of 1980, and for carrying out section 462 of the 
Homeland Security Act of 2002, $19,100,000: Provided, That the entire 
amount is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

   payments to states for the child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), $2,082,910,000 shall be used to supplement, not supplant 
State general revenue funds for child care assistance for low-income 
families: Provided, That $19,120,000 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,000 shall be for the Child Care Aware toll free hotline: 
Provided further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $272,672,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $100,000,000 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $10,000,000 shall be 
for use by the Secretary for child care research, demonstration, and 
evaluation activities.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000: Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out 
State programs pursuant to title XX of such Act shall be 10 percent.

                children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, as amended, the Native American Programs Act of 1974, 
title II of Public Law 95-266 (adoption opportunities), the Adoption 
and Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 
1211 of the Children's Health Act of 2000, the Abandoned Infants 
Assistance Act of 1988, sections 261 and 291 of the Help America Vote 
Act of 2002, part B(1) of title IV and sections 413, 429A, 1110, 1115 
of the Social Security Act, and sections 40155, 40211, and 40241 of 
Public Law 103-322; for making payments under the Community Services 
Block Grant Act, sections 439(h), 473A, and 477(i) of the Social 
Security Act, and title IV of Public Law 105-285, and for necessary 
administrative expenses to carry out said Acts and titles I, IV, V, X, 
XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 
1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, 
title IV of the Immigration and Nationality Act, section 501 of the 
Refugee Education Assistance Act of 1980, sections 40155, 40211, and 
40241 of Public Law 103-322, and section 126 and titles IV and V of 
Public Law 100-485, $9,000,832,000, of which $22,846,000, to remain 
available until September 30, 2007, shall be for grants to States for 
adoption incentive payments, as authorized by section 473A of title IV 
of the Social Security Act (42 U.S.C. 670-679) and may be made for 
adoptions completed before September 30, 2006: Provided, That 
$6,874,314,000 shall be for making payments under the Head Start Act, 
of which $1,388,800,000 shall become available October 1, 2006 and 
remain available through September 30, 2007: Provided further, That 
$708,895,000 shall be for making payments under the Community Services 
Block Grant Act: Provided further, That not less than $7,492,000 shall 
be for section 680(3)(B) of the Community Services Block Grant Act: 
Provided further, That within amounts provided herein for abstinence 
education for adolescents, up to $10,000,000 may be available for a 
national abstinence education campaign: Provided further, That in 
addition to amounts provided herein, $6,000,000 shall be available from 
amounts available under section 241 of the Public Health Service Act to 
carry out the provisions of section 1110 of the Social Security Act: 
Provided further, That to the extent Community Services Block Grant 
funds are distributed as grant funds by a State to an eligible entity 
as provided under the Act, and have not been expended by such entity, 
they shall remain with such entity for carryover into the next fiscal 
year for expenditure by such entity consistent with program purposes: 
Provided further, That the Secretary shall establish procedures 
regarding the disposition of intangible property which permits grant 
funds, or intangible assets acquired with funds authorized under 
section 680 of the Community Services Block Grant Act, as amended, to 
become the sole property of such grantees after a period of not more 
than 12 years after the end of the grant for purposes and uses 
consistent with the original grant: Provided further, That funds 
appropriated for section 680(a)(2) of the Community Services Block 
Grant Act, as amended, shall be available for financing construction 
and rehabilitation and loans or investments in private business 
enterprises owned by community development corporations: Provided 
further, That $95,000,000 is for a compassion capital fund to provide 
grants to charitable organizations to emulate model social service 
programs and to encourage research on the best practices of social 
service organizations: Provided further, That $14,879,000 shall be for 
activities authorized by the Help America Vote Act of 2002, of which 
$10,000,000 shall be for payments to States to promote access for 
voters with disabilities, and of which $4,879,000 shall be for payments 
to States for protection and advocacy systems for voters with 
disabilities: Provided further, That $101,000,000 shall be for making 
competitive grants to provide abstinence education (as defined by 
section 510(b)(2) of the Social Security Act) to adolescents, and for 
Federal costs of administering the grant: Provided further, That grants 
under the immediately preceding proviso shall be made only to public 
and private entities which agree that, with respect to an adolescent to 
whom the entities provide abstinence education under such grant, the 
entities will not provide to that adolescent any other education 
regarding sexual conduct, except that, in the case of an entity 
expressly required by law to provide health information or services the 
adolescent shall not be precluded from seeking health information or 
services from the entity in a different setting than the setting in 
which abstinence education was provided: Provided further, That within 
amounts provided herein for abstinence education for adolescents, up to 
$10,000,000 may be available for a national abstinence education 
campaign: Provided further, That in addition to amounts provided herein 
for abstinence education for adolescents, $4,500,000 shall be available 
from amounts available under section 241 of the Public Health Services 
Act to carry out evaluations (including longitudinal evaluations) of 
adolescent pregnancy prevention approaches: Provided further, That 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness: Provided further, 
That the total amount made available under this heading shall be 
increased by $10,000,000, which shall be for carrying out the National 
Youth Sports Program under the Community Services Block Grant Act.

                   promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$305,000,000 and for section 437, $90,000,000: Provided, That the 
Secretary shall undertake a family reunification effort in concert with 
national non-profit organizations engaged in similar efforts.

       payments to states for foster care and adoption assistance

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $4,852,800,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Act, for the first quarter of fiscal year 2007, 
$1,730,000,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E, 
for the last 3 months of the current fiscal year for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $1,391,699,000, of which $5,500,000 shall be available for 
activities regarding medication management, screening, and education to 
prevent incorrect medication and adverse drug reactions.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, and XXI of the Public Health Service Act, the 
United States-Mexico Border Health Commission Act, and research studies 
under section 1110 of the Social Security Act, $353,614,000, together 
with $5,851,000 to be transferred and expended as authorized by section 
201(g)(1) of the Social Security Act from the Hospital Insurance Trust 
Fund and the Supplemental Medical Insurance Trust Fund, and $39,552,000 
from the amounts available under section 241 of the Public Health 
Service Act to carry out national health or human services research and 
evaluation activities: Provided, That of the funds made available under 
this heading for carrying out title XX of the Public Health Service 
Act, $13,120,000 shall be for activities specified under section 
2003(b)(2), all of which shall be for prevention service demonstration 
grants under section 510(b)(2) of title V of the Social Security Act, 
as amended, without application of the limitation of section 2010(c) of 
said title XX: Provided further, That of this amount, $52,415,000 shall 
be for minority AIDS prevention and treatment activities; and 
$5,952,000 shall be to assist Afghanistan in the development of 
maternal and child health clinics, consistent with section 103(a)(4)(H) 
of the Afghanistan Freedom Support Act of 2002: Provided further, That 
specific information requests from the chairmen and ranking members of 
the Subcommittees on Labor, Health and Human Services, and Education, 
and Related Agencies, on scientific research or any other matter, shall 
be transmitted to the Committees on Appropriations in a prompt 
professional manner and within the time frame specified in the request: 
Provided further, That scientific information requested by the 
Committees on Appropriations and prepared by government researchers and 
scientists shall be transmitted to the Committees on Appropriations, 
uncensored and without delay.

                office of medicare hearings and appeals

    For expenses necessary for administrative law judges responsible 
for hearing cases under title XVIII of the Social Security Act (and 
related provisions of title XI of such Act), $75,000,000, to be 
transferred in appropriate part from the Federal Hospital Insurance and 
the Federal Supplementary Medical Insurance Trust Funds.

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts and 
cooperative agreements for the development and advancement of an 
interoperable national health information technology infrastructure, 
$32,800,000: Provided, That in addition to amounts provided herein, 
$12,350,000 shall be available from amounts available under section 241 
of the Public Health Service Act to carry out health information 
technology network development.

                      office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $39,813,000: Provided, That of such amount, necessary sums are 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228: Provided further, That funds 
transferred to this heading pursuant to section 220 of the Department 
of Health and Human Services Appropriations Act, 2005, shall remain 
available until September 30, 2006.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$31,682,000, together with not to exceed $3,314,000 to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. chapter 55), such amounts as 
may be required during the current fiscal year.

            public health and social services emergency fund

    For expenses necessary to support activities related to countering 
potential biological, disease, nuclear, radiological and chemical 
threats to civilian populations, and to ensure a year-round influenza 
vaccine production capacity, the development and implementation of 
rapidly expandable influenza vaccine production technologies, and if 
determined necessary by the Secretary, the purchase of influenza 
vaccine, $8,158,589,000: Provided, That these funds shall be 
distributed at the discretion of the President, after consultation with 
the Chairman and Ranking Members of the House and Senate Committees on 
Appropriations, the Chairman and Ranking Members of the House and 
Senate Subcommittees on Labor, Health and Human Services, and Education 
Appropriations, the Chairman and Ranking Member of the Senate Health, 
Education, Labor, and Pensions Committee, and the Senate Majority and 
Minority Leaders: Provided further, That $8,095,000,000 of amounts 
available for influenza and other potential pandemics preparedness is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006 and shall remain available until expended.

                           General Provisions

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated in this Act may be used to 
implement section 399F(b) of the Public Health Service Act or section 
1503 of the National Institutes of Health Revitalization Act of 1993, 
Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, 
through a grant or other extramural mechanism, at a rate in excess of 
Executive Level I.
    Sec. 205. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.
    Sec. 206. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but not 
more than 2.5 percent, of any amounts appropriated for programs 
authorized under said Act shall be made available for the evaluation 
(directly, or by grants or contracts) of the implementation and 
effectiveness of such programs.

                          (transfer of funds)

    Sec. 207. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Health and Human Services in this Act may be 
transferred between a program, project, or activity, but no such 
program, project, or activity shall be increased by more than 3 percent 
by any such transfer: Provided, That a program, project, or activity 
may be increased by up to an additional 2 percent subject to approval 
by the House and Senate Committees on Appropriations: Provided further, 
That the transfer authority granted by this section shall be available 
only to meet emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.

                          (transfer of funds)

    Sec. 208. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes, centers, and divisions from the total 
amounts identified by these two Directors as funding for research 
pertaining to the human immunodeficiency virus: Provided, That the 
Congress is promptly notified of the transfer.

                          (transfer of funds)

    Sec. 209. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS 
Research'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 210. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary that it 
encourages family participation in the decision of minors to seek 
family planning services and that it provides counseling to minors on 
how to resist attempts to coerce minors into engaging in sexual 
activities.
    Sec. 211. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary denies participation in 
such program to an otherwise eligible entity (including a Provider 
Sponsored Organization) because the entity informs the Secretary that 
it will not provide, pay for, provide coverage of, or provide referrals 
for abortions: Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare Advantage 
organization described in this section shall be responsible for 
informing enrollees where to obtain information about all Medicare 
covered services.
    Sec. 212. Notwithstanding any other provision of law, no provider 
of services under title X of the Public Health Service Act shall be 
exempt from any State law requiring notification or the reporting of 
child abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 213. (a) Except as provided by subsection (e) none of the 
funds appropriated by this Act may be used to withhold substance abuse 
funding from a State pursuant to section 1926 of the Public Health 
Service Act (42 U.S.C. 300x-26) if such State certifies to the 
Secretary of Health and Human Services by May 1, 2006 that the State 
will commit additional State funds, in accordance with subsection (b), 
to ensure compliance with State laws prohibiting the sale of tobacco 
products to individuals under 18 years of age.
    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses 
the retailer compliance rate goal established by the Secretary of 
Health and Human Services under section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2006 
for tobacco prevention programs and for compliance activities at a 
level that is not less than the level of such expenditures maintained 
by the State for fiscal year 2005, and adding to that level the 
additional funds for tobacco compliance activities required under 
subsection (a). The State is to submit a report to the Secretary on all 
fiscal year 2005 State expenditures and all fiscal year 2006 
obligations for tobacco prevention and compliance activities by program 
activity by July 31, 2006.
    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2006.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 from a 
territory that receives less than $1,000,000.
    Sec. 214. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease, 
and other health activities abroad during fiscal year 2006, the 
Secretary of Health and Human Services--
            (1) may exercise authority equivalent to that available to 
        the Secretary of State in section 2(c) of the State Department 
        Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The 
        Secretary of Health and Human Services shall consult with the 
        Secretary of State and relevant Chief of Mission to ensure that 
        the authority provided in this section is exercised in a manner 
        consistent with section 207 of the Foreign Service Act of 1980 
        (22 U.S.C. 3927) and other applicable statutes administered by 
        the Department of State, and
            (2) is authorized to provide such funds by advance or 
        reimbursement to the Secretary of State as may be necessary to 
        pay the costs of acquisition, lease, alteration, renovation, 
        and management of facilities outside of the United States for 
        the use of the Department of Health and Human Services. The 
        Department of State shall cooperate fully with the Secretary of 
        Health and Human Services to ensure that the Department of 
        Health and Human Services has secure, safe, functional 
        facilities that comply with applicable regulation governing 
        location, setback, and other facilities requirements and serve 
        the purposes established by this Act. The Secretary of Health 
        and Human Services is authorized, in consultation with the 
        Secretary of State, through grant or cooperative agreement, to 
        make available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS 
        and other infectious diseases, chronic and environmental 
        diseases, and other health activities abroad.
    Sec. 215. The Division of Federal Occupational Health hereafter may 
utilize personal services contracting to employ professional 
management/administrative and occupational health professionals.
    Sec. 216. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health may use funds 
available under section 402(i) of the Public Health Service Act (42 
U.S.C. 282(i)) to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research in support of 
the NIH Roadmap for Medical Research.
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director of the National Institutes of Health may utilize such 
peer review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appropriate to 
obtain assessments of scientific and technical merit. Such procedures 
shall apply to such transactions in lieu of the peer review and 
advisory council review procedures that would otherwise be required 
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the Public Health Service Act (42 U.S.C. 241, 284(b)(1)(B), 
284(b)(2), 284a(a)(3)(A), 289a, and 289c).
    Sec. 217. Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention and the Agency for Toxic Substances and Disease Registry may 
be transferred to ``Disease Control, Research, and Training'', to be 
available only for Individual Learning Accounts: Provided, That such 
funds may be used for any individual full-time equivalent employee 
while such employee is employed either by CDC or ATSDR.
    Sec. 218. Notwithstanding any other provisions of law, funds made 
available in this Act may be used to continue operating the Council on 
Graduate Medical Education established by section 301 of Public Law 
102-408.

                         (rescission of funds)

    Sec. 219. The unobligated balance in the amount of $10,000,000 
appropriated by Public Law 108-11 under the heading ``Public Health and 
Social Services Emergency Fund'' are rescinded.

                         (rescission of funds)

    Sec. 220. $15,912,000 of the unobligated balance of the Health 
Professions Student Loan program authorized in subpart II, Federally-
Supported Student Loan Funds, of title VII of the Public Health Service 
Act are rescinded.
    Sec. 221. Funds appropriated for State Pharmaceutical Assistance 
Programs in Public Law 108-173 for fiscal year 2005 shall remain 
available through fiscal year 2006.
    Sec. 222. Not later than June 30, 2006, the Secretary of Health and 
Human Services shall prepare and submit to Congress a report 
outlining--
            (1) a detailed plan for expeditiously changing the 
        numerical identifier used to identify medicare beneficiaries 
        under the medicare program so that a beneficiary's social 
        security account number is no longer displayed on the 
        identification card issued to the beneficiary under such 
        program or on any explanation of medicare benefits mailed to 
        the beneficiary; and
            (2) the costs of implementing such plan.
    Sec. 223. (a) The Headquarters and Emergency Operations Center 
Building (Building 21) at the Centers for Disease Control and 
Prevention is hereby renamed as the Arlen Specter Headquarters and 
Emergency Operations Center.
    (b) The Global Communications Center Building (Building 19) at the 
Centers for Disease Control and Prevention is hereby renamed as the 
Thomas R. Harkin Global Communications Center.
    Sec. 224. The Secretary of Health and Human Services shall use 
amounts appropriated under title II for the purchase of not less than 
1,000,000 rapid oral HIV tests.
    Sec. 225. (a) Notwithstanding any other provision of law, none of 
the funds made available under this Act may be used to implement or 
enforce the interim final rule published in the Federal Register by the 
Centers for Medicare & Medicaid Services on August 26, 2005 (70 Fed. 
Reg. 50940) or any corresponding similar regulation or ruling--
            (1) prior to April 1, 2006; and
            (2) on or after April 1, 2006, unless the Secretary of 
        Health and Human Services publishes--
                    (A) by not later than January 1, 2006, a proposed 
                rule with respect to motorized or powered wheelchairs, 
                followed by a 45-day period to comment on the proposed 
                rule; and
                    (B) by not later than February 14, 2006, a final 
                rule with respect to motorized or powered wheelchairs, 
                followed by a 45-day transition period for 
                implementation of the final rule.
    (b)(1) Notwithstanding any other provision of law, with respect to 
a covered item consisting of a motorized or power wheelchair furnished 
during 2006, the Secretary of Health and Human Services shall reduce 
the payment amount otherwise applicable under section 1834 of the 
Social Security Act (42 U.S.C. 1395m) for such item by 1.5 percent.
    (2) The payment reduction provided under paragraph (1) for 2006--
            (A) shall not apply to a covered item consisting of a 
        motorized or power wheelchair that is furnished after 2006; and
            (B) shall not be taken into account in calculating the 
        payment amounts applicable for such a covered item furnished 
        after 2006.
    Sec. 226. Telehealth. (a) Appropriation.--Of the amounts 
appropriated to the Health Resource and Services Administration, 
$10,000,000 shall be to carry out programs and activities under the 
Health Care Safety Net Amendments of 2002 (Public Law 107-251) and the 
amendments made by such Act, and for other telehealth programs under 
section 330I of the Public Health Service Act (42 U.S.C. 254c-14), of 
which--
            (1) $2,500,000 shall be for not less than 10 telehealth 
        resource centers that provide assistance with respect to 
        technical, legal, and regulatory service delivery or other 
        related barriers to the deployment of telehealth technologies, 
        of which not less than 2 centers shall be located in a rural 
        State with a population of less than 1,500,000 individuals;
            (2) $5,000,000 shall be for network grants and 
        demonstration or pilot projects for telehomecare; and
            (3) $2,500,000 shall be for grants to carry out programs 
        under which health licensing boards or various States cooperate 
        to develop and implement policies that will reduce statutory 
        and regulatory barriers to telehealth.
    Sec. 227. From amounts appropriated to the Health Resources and 
Services Administration, $5,000,000 shall be available to fund grants 
for innovative programs to address dental workforce needs under section 
340G of the Public Health Service Act (42 U.S.C. 246g).
    Sec. 228. None of the funds made available in this Act may be used 
to provide abstinence education that includes information that is 
medically inaccurate. For purposes of this section, the term 
``medically inaccurate'' means information that is unsupported or 
contradicted by peer-reviewed research by leading medical, 
psychological, psychiatric, and public health publications, 
organizations and agencies.
    Sec. 229. For carrying out the Low-Vision Rehabilitation Services 
Demonstration Project by the Secretary of Health and Human Services, an 
additional $5,000,000.
    Sec. 230. (a) Findings.--The Senate makes the following findings:
            (1) Hospitals cannot provide patient care without 
        physicians.
            (2) It is particularly difficult for hospitals to provide 
        patient care to uninsured patients.
            (3) Medicaid disproportionate share hospital (DSH) payments 
        provide payments to hospitals to provide care to uninsured 
        patients.
            (4) Hospitals that provide a large volume of care to 
        uninsured patients incur significant costs.
            (5) Since there is no other source of reimbursement for 
        hospitals related to these costs, some States have permitted 
        reimbursement of these physician costs through Medicaid DSH.
            (6) The State of Virginia has approved the inclusion of 
        physician services costs as hospital costs for Medicaid DSH 
        purposes.
            (7) Fifty percent of all indigent care in the State of 
        Virginia is provided by its 2 academic medical centers.
            (8) The financial viability of these academic medical 
        centers is threatened if these costs cannot be included in 
        Medicaid DSH reimbursement.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Senate is aware of an issue regarding the definition of ``hospital 
costs'' incurred by the State of Virginia for purposes of Medicaid 
reimbursement to that State and urges the Administrator of the Centers 
for Medicare & Medicaid Services to work with the State to resolve the 
pending issue.
    Sec. 231. In addition to amounts appropriated under this Act, out 
of any money in the Treasury not otherwise appropriated an additional 
$800,000 to carry out section 312 of the Public Health Service Act (42 
U.S.C. 244).
    Sec. 232. Additional Public Health Funding. (a) Minority Public 
Health.--In addition to amounts otherwise appropriated under this Act, 
there are appropriated, out of any money in the Treasury not otherwise 
appropriated, $10,000,000 for the Office of Minority Health.
    (b) Sickle Cell Disease.--From amounts appropriated under the title 
for the Office of the Secretary of Health and Human Services, such 
Secretary shall make available and amount not to exceed $2,000,000 of 
such amounts to provide funding for grants under paragraph (1) of 
section 712(c) of Public Law 108-357 (42 U.S.C. 300b-1 note).
    (c) Offset.--Notwithstanding any other provision of this Act, 
amounts made available under this Act under the heading Program 
Management for the Centers for Medicare and Medicaid Services shall be 
reduced, on a pro rata basis, by an additional $12,000,000.
    Sec. 233. Mosquito Abatement for Safety and Health Act. From 
amounts appropriated under this Act for the Centers for Disease Control 
and Prevention for infectious diseases-West Nile Virus, there shall be 
transferred $5,000,000 to carry out section 317S of the Public Health 
Service Act (relating to mosquito abatement for safety and health).
    Sec. 234. Amounts appropriated in this title for community health 
center programs under section 330 of the Public Health Service Act (42 
U.S.C. 254b) shall be increased by $50,000,000.
    Sec. 235. None of the funds made available in this Act may be used 
to implement any strategic plan under section 3 of Executive Order 
13335 (regarding interoperable health information technology) that 
lacks a provision that requires the Department of Health and Human 
Services to give notice to any patient whose information maintained by 
the Department under the strategic plan is lost, stolen, or used for a 
purpose other than the purpose for which the information was collected.
    Sec. 236. Limitation on Travel and Conferences. The appropriations 
for travel, conference programs and related expenses for the Department 
of Health and Human Services are reduced by $15,000,000.
    Sec. 237. In addition to amounts otherwise appropriated under this 
Act, there are appropriated, out of any money in the Treasury not 
otherwise appropriated, $15,121,000 for activities authorized by the 
Help America Vote Act of 2002, of which $13,500,000 shall be for 
payments to States to promote access for voters with disabilities, and 
of which $8,621,000 shall be for payments to States for protection and 
advocacy systems for voters with disabilities.
    Sec. 238. (a) Section 1310.12(a) of the Code of Federal Regulations 
shall not apply before June 30, 2006, to any agency or its designee 
that provides transportation services for children enrolled in a Head 
Start program or an Early Head Start program if such agency or designee 
places such children in child restraint systems (as defined in section 
571.213 of the Code of Federal Regulations).
    (b) Section 640(i) of the Head Start Act (42 U.S.C. 9835(i)) is 
amended--
            (1) by striking ``(i) The'' and inserting the following:
    ``(i) Transportation Safety.--
            ``(1) Regulations.--The''; and
            (2) by adding at the end the following:
            ``(2) Waiver authority.--
                    ``(A) In general.--The Secretary may waive, for a 
                period of up to one year, the requirements of 
                regulations promulgated under paragraph (1) of this 
                subsection and section 1310.12(a) of the Code of 
                Federal Regulations for one or more vehicles used by 
                the agency or its designee in transporting children 
                enrolled in a Head Start program or an Early Head Start 
                program if--
                            ``(i) such requirements pertain to child 
                        restraint systems and bus monitors;
                            ``(ii) the agency demonstrates that 
                        compliance with such requirements will result 
                        in a significant disruption to the Head Start 
                        program or the Early Head Start program; and
                            ``(iii) the waiver is in the best interest 
                        of the child.
                    ``(B) Renewal.--The Secretary may renew a waiver 
                under subparagraph (A).''.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2006''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $14,525,135,000, of which $6,935,826,000 shall become available 
on July 1, 2006, and shall remain available through September 30, 2007, 
and of which $7,383,301,000 shall become available on October 1, 2006, 
and shall remain available through September 30, 2007 for academic year 
2006-2007: Provided, That $6,934,854,000 shall be for basic grants 
under section 1124: Provided further, That up to $3,472,000 of these 
funds shall be available to the Secretary of Education on October 1, 
2005, to obtain annually updated educational-agency-level census 
poverty data from the Bureau of the Census: Provided further, That 
$1,365,031,000 shall be for concentration grants under section 1124A: 
Provided further, That $2,269,843,000 shall be for targeted grants 
under section 1125: Provided further, That $2,269,843,000 shall be for 
education finance incentive grants under section 1125A: Provided 
further, That $9,424,000 shall be to carry out part E of title I.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,240,862,000, of which 
$1,102,896,000 shall be for basic support payments under section 
8003(b), $49,966,000 shall be for payments for children with 
disabilities under section 8003(d), $18,000,000 shall be for 
construction under section 8007 and shall remain available through 
September 30, 2007, $65,000,000 shall be for Federal property payments 
under section 8002, and $5,000,000, to remain available until expended, 
shall be for facilities maintenance under section 8008: Provided, That 
for purposes of computing the amount of a payment for an eligible local 
educational agency under section 8003(a) of the Elementary and 
Secondary Education Act (20 U.S.C. 7703(a)) for school year 2005-2006, 
children enrolled in a school of such agency that would otherwise be 
eligible for payment under section 8003(a)(1)(B) of such Act, but due 
to the deployment of both parents or legal guardians, or a parent or 
legal guardian having sole custody of such children, or due to the 
death of a military parent or legal guardian while on active duty (so 
long as such children reside on Federal property as described in 
section 8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, provided 
such students remain in average daily attendance at a school in the 
same local educational agency they attended prior to their change in 
eligibility status.

                      School Improvement Programs

    For carrying out school improvement activities authorized by title 
II, part B of title IV, part A and subparts 6 and 9 of part D of title 
V, parts A and B of title VI, and parts B and C of title VII of the 
Elementary and Secondary Education Act of 1965 (``ESEA''); the 
McKinney-Vento Homeless Assistance Act; section 203 of the Educational 
Technical Assistance Act of 2002; the Compact of Free Association 
Amendments Act of 2003; and the Civil Rights Act of 1964, 
$5,457,953,000, of which $3,821,042,000 shall become available on July 
1, 2006, and remain available through September 30, 2007, and of which 
$1,435,000,000 shall become available on October 1, 2006, and shall 
remain available through September 30, 2007, for academic year 2006-
2007: Provided, That funds made available to carry out part B of title 
VII of the ESEA may be used for construction, renovation and 
modernization of any elementary school, secondary school, or structure 
related to an elementary school or secondary school, run by the 
Department of Education of the State of Hawaii, that serves a 
predominantly Native Hawaiian student body: Provided further, That from 
the funds referred to in the preceding proviso, not less than 
$1,250,000 shall be for a grant to the Department of Education of the 
State of Hawaii for the activities described in such proviso, and 
$1,250,000 shall be for a grant to the University of Hawaii School of 
Law for a Center of Excellence in Native Hawaiian law: Provided 
further, That funds made available to carry out part C of title VII of 
the ESEA may be used for construction: Provided further, That 
$411,680,000 shall be for State assessments and related activities 
authorized under sections 6111 and 6112 of the ESEA: Provided further, 
That $56,825,000 shall be available to carry out section 203 of the 
Educational Technical Assistance Act of 2002: Provided further, That 
$36,022,000 shall be available to carry out part D of title V of the 
ESEA: Provided further, That no funds appropriated under this heading 
may be used to carry out section 5494 under the ESEA: Provided further, 
That $12,132,000 shall be available to carry out the Supplemental 
Education Grants program for the Federated States of Micronesia, and 
$6,051,000 shall be available to carry out the Supplemental Education 
Grants program for the Republic of the Marshall Islands: Provided 
further, That up to 5 percent of these amounts may be reserved by the 
Federated States of Micronesia and the Republic of the Marshall Islands 
to administer the Supplemental Education Grants programs and to obtain 
technical assistance, oversight and consultancy services in the 
administration of these grants and to reimburse the United States 
Departments of Labor, Health and Human Services, and Education for such 
services.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $119,889,000.

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), $1,020,385,000: Provided, That $10,000,000 shall be 
available to carry out section 2151(c) of the ESEA through an award to 
the National Board for Professional Teaching Standards: Provided 
further, That from funds for subpart 4, part C of title II, up to 3 
percent shall be available to the Secretary for technical assistance 
and dissemination of information: Provided further, That $380,924,000 
shall be available to carry out part D of title V of the ESEA.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3 and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $697,300,000, of which $300,000,000 shall become available 
on July 1, 2006 and remain available through September 30, 2007: 
Provided, That of the amount available for subpart 2 of part A of title 
IV of the ESEA, $850,000 shall be used to continue the National 
Recognition Awards program under the same guidelines outlined by 
section 120(f) of Public Law 105-244: Provided further, That 
$300,000,000 shall be available for subpart 1 of part A of title IV and 
$232,807,000 shall be available for subpart 2 of part A of title IV: 
Provided further, That $134,493,000 shall be available to carry out 
part D of title V of the ESEA: Provided further, That of the funds 
available to carry out subpart 3 of part C of title II, up to 
$12,440,000 may be used to carry out section 2345 and $3,087,000 shall 
be used by the Center for Civic Education to implement a comprehensive 
program to improve public knowledge, understanding, and support of the 
Congress and the State legislatures.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $675,765,000, 
which shall become available on July 1, 2006, and shall remain 
available through September 30, 2007, except that 6.5 percent of such 
amount shall be available on October 1, 2005 and shall remain available 
through September 30, 2007, to carry out activities under section 
3111(c)(1)(C).

                           Special Education

    For carrying out the Individuals with Disabilities Education Act, 
$11,774,107,000, of which $6,145,104,000 shall become available on July 
1, 2006, and shall remain available through September 30, 2007, and of 
which $5,424,200,000 shall become available on October 1, 2006, and 
shall remain available through September 30, 2007, for academic year 
2006-2007: Provided, That $12,000,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support the development, production, and 
circulation of recorded educational materials: Provided further, That 
$1,500,000 shall be for the recipient of funds provided by Public Law 
105-78 under section 687(b)(2)(G) of the Act (as in effect prior to the 
enactment of the Individuals with Disabilities Education Improvement 
Act of 2004) to provide information on diagnosis, intervention, and 
teaching strategies for children with disabilities: Provided further, 
That the amount for section 611(b)(2) of the Act shall be equal to the 
amount available for that activity during fiscal year 2005, increased 
by the amount of inflation as specified in section 619(d)(2)(B) of the 
Act.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the 
AT Act''), and the Helen Keller National Center Act, $3,133,638,000, of 
which $1,000,000 shall be awarded to the American Academy of Orthotists 
and Prosthetists for activities that further the purposes of the grant 
received by the Academy for the period beginning October 1, 2003, 
including activities to meet the demand for orthotic and prosthetic 
provider services and improve patient care: Provided, That $34,760,000 
shall be used for carrying out the AT Act, including $4,500,000 for 
State grants for protection and advocacy under section 5 of the AT Act 
and $3,760,000 shall be for alternative financing programs under 
section 4(b)(2)(D) of the AT Act: Provided further, That the Federal 
share of grants for alternative financing programs shall not exceed 75 
percent, and the requirements in section 301(c)(2) and section 302 of 
the AT Act (as in effect on the day before the date of enactment of the 
Assistive Technology Act of 2004) shall not apply to such grants.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $18,500,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $57,279,000, of which $800,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $108,500,000: Provided, That from the 
total amount available, the University may at its discretion use funds 
for the endowment program as authorized under section 207.

                     Vocational and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Technical Education Act of 1998, the Adult 
Education and Family Literacy Act, title VIII-D of the Higher Education 
Amendments of 1998, and subpart 11 of part D of title V of the 
Elementary and Secondary Education Act of 1965 (``ESEA''), 
$1,923,766,000, of which $1,127,806,000 shall become available on July 
1, 2006 and shall remain available through September 30, 2007 and of 
which $791,000,000 shall become available on October 1, 2006 and shall 
remain available through September 30, 2007: Provided, That of the 
amount provided for Adult Education State Grants, $68,582,000 shall be 
made available for integrated English literacy and civics education 
services to immigrants and other limited English proficient 
populations: Provided further, That of the amount reserved for 
integrated English literacy and civics education, notwithstanding 
section 211 of the Adult Education and Family Literacy Act, 65 percent 
shall be allocated to States based on a State's absolute need as 
determined by calculating each State's share of a 10-year average of 
the Immigration and Naturalization Service data for immigrants admitted 
for legal permanent residence for the 10 most recent years, and 35 
percent allocated to States that experienced growth as measured by the 
average of the 3 most recent years for which Immigration and 
Naturalization Service data for immigrants admitted for legal permanent 
residence are available, except that no State shall be allocated an 
amount less than $60,000: Provided further, That of the amounts made 
available for the Adult Education and Family Literacy Act, $9,096,000 
shall be for national leadership activities under section 243 and 
$6,638,000 shall be for the National Institute for Literacy under 
section 242: Provided further, That $4,960,000 shall be available to 
carry out part D of title V of the ESEA: Provided further, That 
$24,000,000 shall be for Youth Offender Grants.

                      Student Financial Assistance

    For carrying out subparts 1, 3 and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$15,103,795,000, which shall remain available through September 30, 
2007.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2006-2007 shall be $4,050.

                       Student Aid Administration

    For Federal administrative expenses (in addition to funds made 
available under section 458), to carry out part D of title I, and 
subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of 
the Higher Education Act of 1965, as amended, $120,000,000.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''), 
as amended, the Mutual Educational and Cultural Exchange Act of 1961, 
title VIII of the Higher Education Amendments of 1998, and section 117 
of the Carl D. Perkins Vocational and Technical Education Act, 
$2,099,508,000: Provided, That $9,797,000, to remain available through 
September 30, 2007, shall be available to fund fellowships for academic 
year 2007-2008 under part A, subpart 1 of title VII of said Act, under 
the terms and conditions of part A, subpart 1: Provided further, That 
notwithstanding any other provision of law or any regulation, the 
Secretary of Education shall not require the use of a restricted 
indirect cost rate for grants issued pursuant to section 117 of the 
Carl D. Perkins Vocational and Technical Education Act of 1998: 
Provided further, That $980,000 is for data collection and evaluation 
activities for programs under the HEA, including such activities needed 
to comply with the Government Performance and Results Act of 1993: 
Provided further, That notwithstanding any other provision of law, 
funds made available in this Act to carry out title VI of the HEA and 
section 102(b)(6) of the Mutual Educational and Cultural Exchange Act 
of 1961 may be used to support visits and study in foreign countries by 
individuals who are participating in advanced foreign language training 
and international studies in areas that are vital to United States 
national security and who plan to apply their language skills and 
knowledge of these countries in the fields of government, the 
professions, or international development: Provided further, That of 
the funds referred to in the preceding proviso up to 1 percent may be 
used for program evaluation, national outreach, and information 
dissemination activities, and shall be used by the Secretary of 
Education to develop, through consultation with the Secretaries of 
State, Commerce, Homeland Security, and Energy, institutions of higher 
education in the United States, organizations that participate in 
international exchange programs, and other appropriate groups, a 
strategic plan for enhancing the access of foreign students, scholars, 
scientists, and exchange visitors to institutions of higher education 
of the United States for study and exchange activities: Provided 
further, That the strategic plan described in the preceding proviso 
shall make use of the Internet and other media resources, establish a 
clear division of responsibility and a mechanism of institutionalized 
cooperation between the Departments of Education, State, Commerce, 
Homeland Security, and Energy, and include streamlined procedures to 
facilitate international exchanges of foreign students, scholars, 
scientists, and exchange visitors: Provided further, That the funds 
provided for title II of the HEA shall be allocated notwithstanding 
section 210 of such Act.

                           Howard University

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$238,789,000, of which not less than $3,600,000 shall be for a matching 
endowment grant pursuant to the Howard University Endowment Act (Public 
Law 98-480) and shall remain available until expended.

     College Housing and Academic Facilities Loans Program Account

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the Higher 
Education Act of 1965, as amended, $573,000.

  Historically Black College and University Capital Financing Program 
                                Account

    The aggregate principal amount of outstanding bonds insured 
pursuant to section 344 of title III, part D of the Higher Education 
Act of 1965, shall not exceed $357,000,000, and the cost, as defined in 
section 502 of the Congressional Budget Act of 1974, of such bonds 
shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title III, part D of the Higher Education Act of 1965, as amended, 
$210,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, as amended, the National Assessment of Educational 
Progress Authorization Act, section 208 of the Educational Technical 
Assistance Act of 2002, and section 664 of the Individuals with 
Disabilities Education Act, $522,695,000, of which $271,560,000 shall 
be available until September 30, 2007.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $411,992,000.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $91,526,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $49,408,000.

                           General Provisions

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated in this Act may be used to prevent 
the implementation of programs of voluntary prayer and meditation in 
the public schools.

                          (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of 
Education in this Act may be transferred between appropriations, but no 
such appropriation shall be increased by more than 3 percent by any 
such transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 305. For an additional amount to carry out subpart 1 of part A 
of title IV of the Higher Education Act of 1965 for the purpose of 
eliminating the estimated accumulated shortfall of budget authority for 
such subpart, $4,300,000,000, pursuant to section 303 of H. Con. Res. 
95, the concurrent resolution on the budget for fiscal year 2006.
    Sec. 306. Subpart 12 of part D of title V of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7265 et seq.) is amended--
            (1) in section 5522(b), by adding at the end the following:
            ``(4) To authorize and develop cultural and educational 
        programs relating to the Mississippi Band of Choctaw 
        Indians.'';
            (2) in section 5523(a)--
                    (A) by redesignating paragraphs (6) through (8) as 
                paragraphs (7) through (9), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) The Mississippi Band of Choctaw Indians in Choctaw, 
        Mississippi.''; and
            (3) in section 5525, by adding at the end the following:
            ``(4) For cultural and educational programs, not less than 
        $2,000,000 to the Mississippi Band of Choctaw Indians in 
        Choctaw, Mississippi.''.
    Sec. 307. Applications for Impact Aid Payment.
    Notwithstanding paragraphs (2) and (3) of section 8005(d) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705(d)(2) 
and (3)), the Secretary of Education shall treat as timely filed, and 
shall process for payment, an application under section 8002 or section 
8003 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2005 from a 
local educational agency--
            (1) that, for each of the fiscal years 2000 through 2004, 
        submitted an application by the date specified by the Secretary 
        of Education under section 8005(c) of such Act for the fiscal 
        year;
            (2) for which a reduction of more than $1,000,000 was made 
        under section 8005(d)(2) of such Act by the Secretary of 
        Education as a result of the agency's failure to file a timely 
        application under section 8002 or 8003 of such Act for fiscal 
        year 2005; and
            (3) that submits an application for fiscal year 2005 during 
        the period beginning on February 2, 2004, and ending on the 
        date of enactment of this Act.
    Sec. 308. The Secretary of Education shall conduct a study to 
evaluate the effectiveness of violence prevention programs receiving 
funding under the Safe and Drug-Free Schools and Communities Act (20 
U.S.C. 7101 et seq.) based on, among other things, evidence of 
deterrent effect, strong research design, sustained effects, and 
multiple site replication. The study shall also include information on 
what regular assessment mechanisms exist to allow the Department of 
Education to evaluate the efficacy of such programs on an ongoing 
basis. Not later than 18 months after the date of enactment of this 
Act, the Secretary of Education shall submit a report to Congress 
describing the findings of the study.
    Sec. 309. There are appropriated, out of any money in the Treasury 
not otherwise appropriated, $7,000,000 to the National Assessment 
Governing Board for the purposes of implementing a National Assessment 
of Educational Progress test in United States history.
    Sec. 310. (a) In addition to amounts otherwise appropriated under 
this Act, there is appropriated, out of any money in the Treasury not 
otherwise appropriated, an additional $4,900,000 to carry out part H of 
title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6551 et seq.).
    (b) Notwithstanding any other provision of this Act, the amount 
made available under the heading Health Resources and Services 
Administration for construction and renovation is further reduced by 
$4,900,000.
    Sec. 311. In addition to amounts otherwise appropriated under this 
Act, there is appropriated, out of any money in the Treasury not 
otherwise appropriated, an additional $7,000,000 to carry out part G of 
title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6531 et seq.).
    Sec. 312. Thurgood Marshall Legal Educational Opportunity Program 
and Positive Behavioral Interventions and Supports. (a) Increases.--In 
addition to amounts otherwise appropriated under this Act, there is 
appropriated, out of any money in the Treasury not otherwise 
appropriated, an additional $3,500,000 for subpart 3 of part A of title 
VII of the Higher Education Act of 1965 (20 U.S.C. 1136 et seq.), and 
an additional $1,000,000 to the Office of Special Education Programs of 
the Department of Education for the expansion of positive behavioral 
interventions and supports.
    (b) Offset From Consulting Expenses.--
            (1) Notwithstanding any other provision of this Act, each 
        amount provided by this Act for consulting expenses for the 
        Department of Health and Human Services shall be reduced by the 
        pro rata percentage required to reduce the total amount 
        provided by this Act for such expenses by $4,500,000.
            (2) Not later than 30 days after the date of enactment of 
        this Act, the Director of the Office of Management and Budget 
        shall submit to the Committee on Appropriations of the House of 
        Representatives and the Committee on Appropriations of the 
        Senate a listing of the amounts by account of the reductions 
        made pursuant to paragraph (1).
    (c) Report on Thurgood Marshall Legal Educational Opportunity 
Program.--Not later than September 30, 2006, the Secretary of Education 
shall prepare and submit to Congress a report on the evaluation data 
regarding the educational and professional performance of individuals 
who have participated, during fiscal year 2006 or any preceding year, 
in the program under subpart 3 of part A of title VII of the Higher 
Education Act of 1965 (20 U.S.C. 1136 et seq.).
    Sec. 313. In addition to amounts otherwise appropriated under this 
Act, there are appropriated, out of any money in the Treasury not 
otherwise appropriated, $5,000,000 to carry out the Federal TRIO 
programs under chapter 1 of subpart 2 of part A of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.).
    Sec. 314. Increased Funding for Education Programs Serving Hispanic 
Students. (a) Migrant Education.--In addition to amounts otherwise 
appropriated under this Act, there are appropriated, out of any money 
in the Treasury not otherwise appropriated, an additional $4,800,000 
for the education of migratory children under part C of title I of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et 
seq.).
    (b) English Language Acquisition.--In addition to amounts otherwise 
appropriated under this Act, there are appropriated, out of any money 
in the Treasury not otherwise appropriated, an additional $7,650,000 
for English language acquisition programs under part A of title III of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6811 et 
seq.).
    (c) HEP/CAMP.--In addition to amounts otherwise appropriated under 
this Act, there are appropriated, out of any money in the Treasury not 
otherwise appropriated, an additional $2,850,000 for the High School 
Equivalency Program and the College Assistance Migrant Program under 
section 418A of the Higher Education Act of 1965 (20 U.S.C. 1070d-2).
    (d) ESL/CIVICS Programs.--In addition to amounts otherwise 
appropriated under this Act, there are appropriated, out of any money 
in the Treasury not otherwise appropriated, an additional $3,250,000 
for English as a second language programs and civics education programs 
under the Adult Education Act (20 U.S.C. 9201 et seq.).
    (e) Parent Assistance and Local Family Information Centers.--In 
addition to amounts otherwise appropriated under this Act, there are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, an additional $6,500,000 for the Parent Assistance and 
Local Family Information Centers under subpart 16 of part D of title V 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7273 
et seq.).
    (g) Hispanic-serving Institutions.--In addition to amounts 
otherwise appropriated under this Act, there are appropriated, out of 
any money in the Treasury not otherwise appropriated, $4,950,000 for 
Hispanic-serving institutions under title V of the Higher Education Act 
of 1965 (20 U.S.C. 1101 et seq.).
    This title may be cited as the ``Department of Education 
Appropriations Act, 2006''.

                       TITLE IV--RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

    For expenses necessary of the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$4,669,000.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $316,212,000: Provided, That none of 
the funds made available to the Corporation for National and Community 
Service in this Act for activities authorized by section 122 of part C 
of title I and part E of title II of the Domestic Volunteer Service Act 
of 1973 shall be used to provide stipends or other monetary incentives 
to volunteers or volunteer leaders whose incomes exceed 125 percent of 
the national poverty level: Provided further, That the Corporation 
shall use a portion of the funds made available under this heading to 
conduct an evaluation, after consultation with experts on national 
service programs and rural community leaders, of programs carried out 
under the national service laws (consisting of that Act and the 
National and Community Service Act of 1990) in rural areas, to 
determine utilization of the programs and to develop new and innovative 
strategies that would prioritize geographic diversity of the programs 
carried out under the national service laws to increase the presence of 
the programs in rural areas.

      national and community service programs, operating expenses

                     (including transfer of funds)

    For necessary expenses for the Corporation for National and 
Community Service (the ``Corporation'') in carrying out programs, 
activities, and initiatives under the National and Community Service 
Act of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $546,243,000, to 
remain available until September 30, 2007: Provided, That not more than 
$280,000,000 of the amount provided under this heading shall be 
available for grants under the National Service Trust Program 
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et 
seq.) (relating to activities of the AmeriCorps program), including 
grants to organizations operating projects under the AmeriCorps 
Education Awards Program (without regard to the requirements of 
sections 121(d) and (e), section 131(e), section 132, and sections 
140(a), (d), and (e) of the Act: Provided further, That not less than 
$149,000,000 of the amount provided under this heading, to remain 
available without fiscal year limitation, shall be transferred to the 
National Service Trust for educational awards authorized under subtitle 
D of title I of the Act (42 U.S.C. 12601), of which up to $4,000,000 
shall be available to support national service scholarships for high 
school students performing community service, and of which $10,000,000 
shall be held in reserve as defined in Public Law 108-45: Provided 
further, That in addition to amounts otherwise provided to the National 
Service Trust under the second proviso, the Corporation may transfer 
funds from the amount provided under the first proviso, to the National 
Service Trust authorized under subtitle D of title I of the Act (42 
U.S.C. 12601) upon determination that such transfer is necessary to 
support the activities of national service participants and after 
notice is transmitted to Congress: Provided further, That of the amount 
provided under this heading for grants under the National Service Trust 
program authorized under subtitle C of title I of the Act, not more 
than $55,000,000 may be used to administer, reimburse, or support any 
national service program authorized under section 121(d)(2) of such Act 
(42 U.S.C. 12581(d)(2)): Provided further, That not more than 
$15,945,000 shall be available for quality and innovation activities 
authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et 
seq.): Provided further, That notwithstanding subtitle H of title I of 
the Act (42 U.S.C. 12853), none of the funds provided under the 
previous proviso shall be used to support salaries and related expenses 
(including travel) attributable to Corporation employees: Provided 
further, That to the maximum extent feasible, funds appropriated under 
subtitle C of title I of the Act shall be provided in a manner that is 
consistent with the recommendations of peer review panels in order to 
ensure that priority is given to programs that demonstrate quality, 
innovation, replicability, and sustainability: Provided further, That 
$27,000,000 of the funds made available under this heading shall be 
available for the Civilian Community Corps authorized under subtitle E 
of title I of the Act (42 U.S.C. 12611 et seq.): Provided further, That 
$42,656,000 shall be available for school-based and community-based 
service-learning programs authorized under subtitle B of title I of the 
Act (42 U.S.C. 12521 et seq.): Provided further, That $4,000,000 shall 
be available for audits and other evaluations authorized under section 
179 of the Act (42 U.S.C. 12639): Provided further, That $10,000,000 of 
the funds made available under this heading shall be made available for 
the Points of Light Foundation for activities authorized under title 
III of the Act (42 U.S.C. 12661 et seq.), of which not more than 
$2,500,000 may be used to support an endowment fund, the corpus of 
which shall remain intact and the interest income from which shall be 
used to support activities described in title III of the Act, provided 
that the Foundation may invest the corpus and income in federally 
insured bank savings accounts or comparable interest bearing accounts, 
certificates of deposit, money market funds, mutual funds, obligations 
of the United States, and other market instruments and securities but 
not in real estate investments: Provided further, That no funds shall 
be available for national service programs run by Federal agencies 
authorized under section 121(b) of such Act (42 U.S.C. 12571(b)): 
Provided further, That $5,000,000 of the funds made available under 
this heading shall be made available to America's Promise--The Alliance 
for Youth, Inc.: Provided further, That to the maximum extent 
practicable, the Corporation shall increase significantly the level of 
matching funds and in-kind contributions provided by the private 
sector, and shall reduce the total Federal costs per participant in all 
programs: Provided further, That notwithstanding section 501(a)(4) of 
the Act, of the funds provided under this heading, not more than 
$12,642,000 shall be made available to provide assistance to state 
commissions on national and community service under section 126(a) of 
the Act: Provided further, That the Corporation may use up to 1 percent 
of program grant funds made available under this heading to defray its 
costs of conducting grant application reviews, including the use of 
outside peer reviewers.

                         salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(4) of the National and Community Service Act of 1990 and under 
section 504(a) of the Domestic Volunteer Service Act of 1973, including 
payment of salaries, authorized travel, hire of passenger motor 
vehicles, the rental of conference rooms in the District of Columbia, 
the employment of experts and consultants authorized under 5 U.S.C. 
3109, and not to exceed $2,500 for official reception and 
representation expenses, $66,750,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, $6,000,000, 
to remain available until September 30, 2007.

                       administrative provisions

    Notwithstanding any other provision of law, the term ``qualified 
student loan'' with respect to national service education awards shall 
mean any loan determined by an institution of higher education to be 
necessary to cover a student's cost of attendance at such institution 
and made, insured, or guaranteed directly to a student by a State 
agency, in addition to other meanings under section 148(b)(7) of the 
National and Community Service Act.
    Notwithstanding any other provision of law, funds made available 
under section 129(d)(5)(B) of the National and Community Service Act to 
assist entities in placing applicants who are individuals with 
disabilities may be provided to any entity that receives a grant under 
section 121 of the Act.
    The Inspector General of the Corporation for National and Community 
Service shall conduct random audits of the grantees that administer 
activities under the AmeriCorps programs and shall levy sanctions in 
accordance with standard Inspector General audit resolution procedures 
which include, but are not limited to, debarment of any grantee (or 
successor in interest or any entity with substantially the same person 
or persons in control) that has been determined to have committed any 
substantial violations of the requirements of the AmeriCorps programs, 
including any grantee that has been determined to have violated the 
prohibition of using Federal funds to lobby the Congress: Provided, 
That the Inspector General shall obtain reimbursements in the amount of 
any misused funds from any grantee that has been determined to have 
committed any substantial violations of the requirements of the 
AmeriCorps programs.
    For fiscal year 2006, the Corporation shall make any significant 
changes to program requirements or policy only through public notice 
and comment rulemaking. For fiscal year 2006, during any grant 
selection process, no officer or employee of the Corporation shall 
knowingly disclose any covered grant selection information regarding 
such selection, directly or indirectly, to any person other than an 
officer or employee of the Corporation that is authorized by the 
Corporation to receive such information.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2007, $400,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex: Provided further, That for 
fiscal year 2006, in addition to the amounts provided above, 
$35,000,000 shall be for costs related to digital program production, 
development, and distribution, associated with the transition of public 
broadcasting to digital broadcasting, to be awarded as determined by 
the Corporation in consultation with public radio and television 
licensees or permittees, or their designated representatives: Provided 
further, That for fiscal year 2006, in addition to the amounts provided 
above, $40,000,000 shall be for the costs associated with replacement 
and upgrade of the public television interconnection system: Provided 
further, That none of the funds made available to the Corporation for 
Public Broadcasting by this Act, Public Law 108-199 or Public Law 108-
7, shall be used to support the Television Future Fund or any similar 
purpose.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$43,439,000, including $500,000, to remain available through September 
30, 2007, for activities authorized by the Labor-Management Cooperation 
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special training 
activities and other conflict resolution services and technical 
assistance, including those provided to foreign governments and 
international organizations, and for arbitration services shall be 
credited to and merged with this account, and shall remain available 
until expended: Provided further, That fees for arbitration services 
shall be available only for education, training, and professional 
development of the agency workforce: Provided further, That the 
Director of the Service is authorized to accept and use on behalf of 
the United States gifts of services and real, personal, or other 
property in the aid of any projects or functions within the Director's 
jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $7,809,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996, 
$290,129,000, to remain available until expended.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $10,168,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

        National Commission on Libraries and Information Science

                         salaries and expenses

    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public 
Law 91-345, as amended), $993,000.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$3,344,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
$252,268,000: Provided, That no part of this appropriation shall be 
available to organize or assist in organizing agricultural laborers or 
used in connection with investigations, hearings, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as amended, 
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 
203), and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 percent of the water stored or supplied thereby is used for farming 
purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $11,628,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $10,510,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $97,000,000, 
which shall include amounts becoming available in fiscal year 2006 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $97,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the 
fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2007, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $102,543,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $7,196,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be transferred to the 
Office; used to carry out any such transfer; used to provide any office 
space, equipment, office supplies, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any personnel of 
the Office; used to pay any other operating expense of the Office; or 
used to reimburse the Office for any service provided, or expense 
incurred, by the Office: Provided further, That funds made available 
under the heading in this Act, or subsequent Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Acts, may be used for any audit, investigation, or 
review of the Medicare program.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,470,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$29,510,574,000, to remain available until expended: Provided, That, 
notwithstanding the provisions of section 708(a) of the Social Security 
Act (42 U.S.C. 908(a)), the day designated for delivery of benefit 
payments under title XVI of such Act for October 2006 shall be the 
second day of such month: Provided further, That any portion of the 
funds provided to a State in the current fiscal year and not obligated 
by the State during that year shall be returned to the Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2007, $11,110,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $15,000 for official reception and 
representation expenses, not more than $9,020,400,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,000,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under 
this paragraph at the end of fiscal year 2006 not needed for fiscal 
year 2006 shall remain available until expended to invest in the Social 
Security Administration information technology and telecommunications 
hardware and software infrastructure, including related equipment and 
non-payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to section 7131 of title 5, United States Code, 
and for facilities or support services for labor organizations pursuant 
to policies, regulations, or procedures referred to in section 7135(b) 
of such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made: Provided further, 
That funds provided under this paragraph may be used to complete the 
processing of appeals received prior to July 1, 2005 under section 1852 
and 1869 of the Social Security Act, notwithstanding section 931(b) of 
Public Law 108-173, and the Commissioner of the Social Security 
Administration may enter into a reimbursable agreement with the 
Secretary of Health and Human Services to process such appeals received 
after June 30, 2005 and prior to October 1, 2005.
    From funds provided under the first paragraph, not less than 
$412,000,000 shall be available for conducting continuing disability 
reviews under titles II and XVI of the Social Security Act.
    In addition to amounts made available above, and subject to the 
same terms and conditions, $189,000,000, for additional continuing 
disability reviews, pursuant to section 404(b)(1) of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.
    In addition, $119,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 2006 exceed $119,000,000, the amounts shall be available in 
fiscal year 2007 only to the extent provided in advance in 
appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act 
(Public Law 108-203), which shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $26,000,000, together with not to exceed $67,000,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House and Senate.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Salaries 
and expenses, Federal Mediation and Conciliation Service''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``Salaries and expenses, 
National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated in this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.
    Sec. 506. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 507. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds appropriated in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government requires any health 
care professional to provide, assist in the performance of, or train 
others to perform abortions, in violation of that individual's 
religious beliefs or moral convictions.
    (2) None of the funds appropriated in this Act shall be used by a 
Federal agency or program, or by a State or local government to require 
any hospital to perform or assist in the performance of an abortion, to 
train for, or to make its facilities available for the performance of 
an abortion, in violation of that institution's religious beliefs or 
moral convictions.
    (3) Nothing in this section shall be construed to preempt or 
overrule any provision of Title X, Medicaid, or Emergency Medical 
Treatment and Active Labor Act (EMTALA) statutes or any regulation 
issued thereunder which requires discussing or providing all medically 
appropriate information, services, or referring for services.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled Substances Act 
(21 U.S.C. 812).
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 512. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving the 
standard.
    Sec. 513. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514. None of the funds appropriated in this Act may be used to 
enter into an arrangement under section 7(b)(4) of the Railroad 
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental 
financial institution to serve as disbursing agent for benefits payable 
under the Railroad Retirement Act of 1974.
    Sec. 515. (a) None of the funds provided in this Act, or provided 
under previous appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal year 
2006, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees.
    None of the funds made available by this Act may be reprogrammed 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of a reprogramming or announcement of 
intent to reprogram funds, whichever occurs earlier.
    (b) None of the funds provided in this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2006, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress; unless the 
        Appropriations Committees of both Houses of Congress are 
        notified 15 days in advance of a reprogramming or announcement 
        of intent to reprogram funds, whichever occurs earlier.
    Sec. 516. None of the funds made available in this Act may be used 
to reimburse, or provide reimbursement for drugs approved to treat 
erectile dysfunction.
    Sec. 517. Any limitation, directive, or earmarking contained in 
either the House of Representatives or Senate report accompanying H.R. 
3010 shall also be included in the conference report or joint statement 
accompanying H.R. 3010 in order to be considered as having been 
approved by both Houses of Congress.
    Sec. 518. (a) This section may be cited as the ``Diversity Visa 
Fairness Act of 2005''.
    (b)(1) Section 204(a)(1)(I)(ii) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)(I)(ii)) is amended by striking subclause (II) 
and inserting the following:
    ``(II) An alien who qualifies, through random selection, for a visa 
under section 203(c) or adjustment of status under section 245(a) shall 
remain eligible to receive such visa or adjustment of status beyond the 
end of the specific fiscal year for which the alien was selected if the 
alien--
            ``(aa) properly applied for such visa or adjustment of 
        status during the fiscal year for which the alien was selected; 
        and
            ``(bb) was notified by the Secretary of State, through the 
        publication of the Visa Bulletin, that the application was 
        authorized.''.
    (2)(A) Notwithstanding any other provision of law, a visa shall be 
available for an alien under section 203(c) of the Immigration and 
Nationality Act (8 U.S.C. 1153(c)) if--
            (i) such alien was eligible for and properly applied for an 
        adjustment of status under section 245 of such Act (8 U.S.C. 
        1255) during any of the fiscal years 1998 through 2005;
            (ii) the application submitted by such alien was denied 
        because personnel of the Department of Homeland Security or the 
        Immigration and Naturalization Service failed to adjudicate 
        such application during the fiscal year in which such 
        application was filed;
            (iii) such alien moves to reopen such adjustment of status 
        applications pursuant to procedures or instructions provided by 
        the Secretary of Homeland Security or the Secretary of State; 
        and
            (iv) such alien has continuously resided in the United 
        States since the date of submitting such application.
    (B) A visa made available under subparagraph (A) may not be counted 
toward the numerical maximum for the worldwide level of set out in 
section 201(e) of the Immigration and Nationality Act (8 U.S.C. 
1151(e)).
    (3) The amendment made by paragraph (1) shall take effect on 
October 1, 2005.
    Sec. 519. (a) Section 316 of the Immigration and Nationality Act (8 
U.S.C. 1427), is amended by adding at the end the following:
    ``(g)(1) The continuous residency requirement under subsection (a) 
may be reduced to 3 years for an applicant for naturalization if--
            ``(A) the applicant is the beneficiary of an approved 
        petition for classification under section 204(a)(1)(E);
            ``(B) the applicant has been approved for adjustment of 
        status under section 245(a); and
            ``(C) such reduction is necessary for the applicant to 
        represent the United States at an international event.
    ``(2) The Secretary of Homeland Security shall adjudicate an 
application for naturalization under this section not later than 30 
days after the submission of such application if the applicant--
            ``(A) requests such expedited adjudication in order to 
        represent the United States at an international event; and
            ``(B) demonstrates that such expedited adjudication is 
        related to such representation.
    ``(3) An applicant is ineligible for expedited adjudication under 
paragraph (2) if the Secretary of Homeland Security determines that 
such expedited adjudication poses a risk to national security. Such a 
determination by the Secretary shall not be subject to review.
    ``(4)(A) In addition to any other fee authorized by law, the 
Secretary of Homeland Security shall charge and collect a $1,000 
premium processing fee from each applicant described in this subsection 
to offset the additional costs incurred to expedite the processing of 
applications under this subsection.
    ``(B) The fee collected under subparagraph (A) shall be deposited 
as offsetting collections in the Immigration Examinations Fee 
Account.''.
    (b) The amendment made by subsection (a) is repealed on January 1, 
2006.
    Sec. 520. Notwithstanding any other provision of law, not later 
than 60 days after the date of enactment of this Act, MidAmerica St. 
Louis Airport in Mascoutah, Illinois, shall be designated as a port of 
entry.
    Sec. 521. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 522. Department of Health and Human Services and Department of 
Education Risk Assessment.--(a) Estimate.--The Secretary of Health and 
Human Services and the Secretary of Education shall estimate improper 
payments pursuant to section 2 of the Improper Payments Information Act 
of 2002 (31 U.S.C. 3321 note, Public Law 107-300) under--
            (1) in the case of the Secretary of Health and Human 
        Services, the Temporary Assistance for Needy Families Program 
        under part A of title IV of the Social Security Act (42 U.S.C. 
        601 et seq.), the Foster Care and Adoption Assistance Program 
        under part E of title IV of such Act (42 U.S.C. 670 et seq.), 
        the Medicaid program under title XIX of such Act (42 U.S.C. 
        1396 et seq.), the State Children's Health Insurance Program 
        under title XXI of such Act (42 U.S.C. 1397aa et seq.), and the 
        Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
        9858 et seq.); and
            (2) in the case of the Secretary of Education, title I of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6301 et seq.).
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act, the Secretary of Health and Human Services, in the case of 
the programs specified in subsection (a)(1), and the Secretary of 
Education, in the case of the program specified in subsection (a)(2), 
shall report to Congress on the specific actions taken under each such 
program to comply with section 2 of the Improper Payments Information 
Act of 2002, including a schedule for full compliance with such Act 
within fiscal year 2006.
    Sec. 523. (a) Congress makes the following findings:
            (1) The American Jobs Creation Act of 2004 permitted the 
        outsourcing or privatization by the Internal Revenue Service of 
        collection of unpaid and past due federal income taxes.
            (2) The Internal Revenue Service is about to issue to 
        private-sector debt collection companies tax collection 
        contracts that will create up to 4,000 well paying private-
        sector jobs.
            (3) If the same tax collection activities were conducted by 
        Federal employees, Federal law would give preferences in 
        employment to disabled veterans in filling those federal jobs.
            (4) By enacting legislation to improve the Internal Revenue 
        Service's tax collection efforts and outsourcing or privatizing 
        those efforts, Congress did not intend to curtail the Nation's 
        long-standing commitment to creating meaningful job 
        opportunities for disabled veterans and other persons with 
        severe disabilities.
            (5) The contracts the Internal Revenue Service will execute 
        with private-sector debt collection companies provide a unique 
        opportunity for the Federal government to stimulate the 
        creation of well paying jobs for disabled veterans and other 
        persons with disabilities.
    (b) It is the sense of the Senate that--
            (1) the Secretary of the Treasury should, to the maximum 
        extent practicable, ensure that existing Federal employment 
        preferences for disabled veterans and Federal policies 
        promoting opportunities for other disabled persons are carried 
        forward as a part of any tax collection contract program 
        carried out under section 6306 of the Internal Revenue Code of 
        1986, as added by the American Jobs Creation Act of 2004, and
            (2) the criteria applied by the Internal Revenue Service in 
        awarding contracts to private-sector tax collection companies 
        under such program should incorporate a preference for 
        companies hiring disabled veterans and other disabled persons.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2006''.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                               H. R. 3010

_______________________________________________________________________

                               AMENDMENT
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