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:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Departments of Labor, Health and Human Services, and

4 Education, and related agencies for the fiscal year ending

5 September 30, 2006, and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF LABOR

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 TRAINING ANDEMPLOYMENT SERVICES

4 (INCLUDING RESCISSION)

5 For necessary expenses of the Workforce Investment Act

6 of 1998, the Denali Commission Act of 1998, and the

7 Women in Apprenticeship and Non-Traditional Occupa8 tions Act of 1992, including the purchase and hire of pas9 senger motor vehicles, the construction, alteration, and re10 pair of buildings and other facilities, and the purchase of

11 real property for training centers as authorized by the

12 Workforce Investment Act of 1998; $2,787,806,000 plus re13 imbursements, of which $1,791,518,000 is available for obli14 gation for the period July 1, 2006 through June 30, 2007;

15 except that amounts determined by the Secretary of Labor

16 to be necessary pursuant to sections 173(a)(4)(A) and

17 174(c) of the Workforce Investment Act of 1998 shall be

18 available from October 1, 2005 until expended; and of which

19 $986,288,000 is available for obligation for the period April

20 1, 2006 through June 30, 2007, to carry out chapter 4 of

21 the Workforce Investment Act of 1998; and of which

22 $10,000,000 is available for the period July 1, 2006 through

23 June 30, 2007 for necessary expenses of construction, reha24 bilitation, and acquisition of Job Corps centers: Provided,

25 That notwithstanding any other provision of law, of the

26 funds provided herein under section 137(c) of the Workforce
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1 Investment Act of 1998, $282,800,000 shall be for activities

2 described in section 132(a)(2)(A) of such Act and

3 $1,193,264,000 shall be for activities described in section

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

5 $125,000,000 shall be available for Community-Based Job

6 Training Grants, which shall be from funds reserved under

7 section 132(a)(2)(A) of the Workforce Investment Act of

8 1998 and shall be used to carry out such grants under sec9 tion 171(d) of such Act, except that the 10 percent limita10 tion otherwise applicable to the amount of funds that may

11 be used to carry out section 171(d) shall not be applicable

12 to funds used for Community-Based Job Training grants:

13 Provided further, That funds provided to carry out section

14 132(a)(2)(A) of the Workforce Investment Act of 1998 may

15 be used to provide assistance to a State for State-wide or

16 local use in order to address cases where there have been

17 worker dislocations across multiple sectors or across mul18 tiple local areas and such workers remain dislocated; co19 ordinate the State workforce development plan with emerg20 ing economic development needs; and train such eligible dis21 located workers: Provided further, That $7,936,000 shall be

22 for carrying out section 172 of the Workforce Investment

23 Act of 1998: Provided further, That $982,000 shall be for

24 carrying out Public Law 102–530: Provided further, That,

25 notwithstanding any other provision of law or related regu-
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1 lation, $80,557,000 shall be for carrying out section 167

2 of the Workforce Investment Act of 1998, including

3 $75,053,000 for formula grants, $5,000,000 for migrant and

4 seasonal housing (of which not less than 70 percent shall

5 be for permanent housing), and $504,000 for other discre6 tionary purposes: Provided further, That notwithstanding

7 the transfer limitation under section 133(b)(4) of such Act,

8 up to 30 percent of such funds may be transferred by a

9 local board if approved by the Governor: Provided further,

10 That funds provided to carry out section 171(d) of the

11 Workforce Investment Act of 1998 may be used for dem12 onstration projects that provide assistance to new entrants

13 in the workforce and incumbent workers: Provided further,

14 That no funds from any other appropriation shall be used

15 to provide meal services at or for Job Corps centers.

16 For necessary expenses of the Workforce Investment Act

17 of 1998, including the purchase and hire of passenger motor

18 vehicles, the construction, alteration, and repair of build19 ings and other facilities, and the purchase of real property

20 for training centers as authorized by the Act;

21 $2,463,000,000 plus reimbursements, of which

22 $2,363,000,000 is available for obligation for the period Oc23 tober 1, 2006 through June 30, 2007, and of which

24 $100,000,000 is available for the period October 1, 2006
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1 through June 30, 2009, for necessary expenses of construc2 tion, rehabilitation, and acquisition of Job Corps centers.

3 Of the funds provided under this heading in Public

4 Law 108–7 to carry out section 173(a)(4)(A) of the Work5 force Investment Act of 1998, $20,000,000 are rescinded.

6 Of the funds provided under this heading in Public

7 Law 107–38, $5,000,000 are rescinded.

8 The Secretary of Labor shall take no action to amend,

9 through regulatory or administration action, the definition

10 established in 20 CFR 667.220 for functions and activities

11 under title I of the Workforce Investment Act of 1998, or

12 to modify, through regulatory or administrative action, the

13 procedure for redesignation of local areas as specified in

14 subtitle B of title I of that Act (including applying the

15 standards specified in section 116(a)(3)(B) of that Act, but

16 notwithstanding the time limits specified in section

17 116(a)(3)(B) of that Act), until such time as legislation re18 authorizing the Act is enacted. Nothing in the preceding

19 sentence shall permit or require the Secretary of Labor to

20 withdraw approval for such redesignation from a State that

21 received the approval not later than October 12, 2005, or

22 to revise action taken or modify the redesignation procedure

23 being used by the Secretary in order to complete such redes24 ignation for a State that initiated the process of such redes-
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1 ignation by submitting any request for such redesignation

2 not later than October 26, 2005.

3 COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

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

5 1965, as amended, $436,678,000.

6 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

7 For payments during the current fiscal year of trade

8 adjustment benefit payments and allowances under part I

9 and section 246; and for training, allowances for job search

10 and relocation, and related State administrative expenses

11 under part II of chapter 2, title II of the Trade Act of 1974

12 (including the benefits and services described under sections

13 123(c)(2) and 151(b) and (c) of the Trade Adjustment As14 sistance Reform Act of 2002, Public Law 107–210),

15 $966,400,000, together with such amounts as may be nec16 essary to be charged to the subsequent appropriation for

17 payments for any period subsequent to September 15 of the

18 current year.

19 STATE UNEMPLOYMENT INSURANCE ANDEMPLOYMENT

20 SERVICE OPERATIONS

21 For authorized administrative expenses, $119,825,000:

22 Provided, That amounts provided for in this Act for suicide

23 prevention activities under the Garrett Lee Smith Memorial

24 Act (Public law 108–355) shall be increased by $13,000,000:

25 Provided further, That not to exceed $3,201,000,000 (in26 cluding not to exceed $1,228,000 which may be used for am-
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1 ortization payments to States which had independent re2 tirement plans in their State employment service agencies

3 prior to 1980, and including $10,000,000 which may be

4 used to conduct in-person reemployment and eligibility as5 sessments of unemployment insurance beneficiaries by State

6 unemployment insurance employees in one-stop career cen7 ters), which may be expended from the Employment Secu8 rity Administration Account in the Unemployment Trust

9 Fund including the cost of administering section 51 of the

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

11 of the Wagner-Peyser Act, as amended, the Trade Act of

12 1974, as amended, the Immigration Act of 1990, and the

13 Immigration and Nationality Act, as amended, and of

14 which the sums available in the allocation for activities au15 thorized by title III of the Social Security Act, as amended

16 (42 U.S.C. 502–504), and the sums available in the alloca17 tion for necessary administrative expenses for carrying out

18 5 U.S.C. 8501–8523, shall be available for obligation by the

19 States through December 31, 2006, except that funds used

20 for automation acquisitions shall be available for obligation

21 by the States through September 30, 2008; of which

22 $132,825,000, together with not to exceed $723,188,000 of

23 the amount which may be expended from said trust fund,

24 shall be available for obligation for the period July 1, 2006

25 through June 30, 2007, to fund activities under the Act of
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1 June 6, 1933, as amended, including the cost of penalty

2 mail authorized under 39 U.S.C. 3202(a)(1)(E) made

3 available to States in lieu of allotments for such purpose:

4 Provided, That to the extent that the Average Weekly In5 sured Unemployment (AWIU) for fiscal year 2006 is pro6 jected by the Department of Labor to exceed 2,800,000, an

7 additional $28,600,000 shall be available for obligation for

8 every 100,000 increase in the AWIU level (including a pro

9 rata amount for any increment less than 100,000) from the

10 Employment Security Administration Account of the Un11 employment Trust Fund: Provided further, That funds ap12 propriated in this Act which are used to establish a na13 tional one-stop career center system, or which are used to

14 support the national activities of the Federal-State unem15 ployment insurance or immigration programs, may be obli16 gated in contracts, grants or agreements with non-State en17 tities: Provided further, That funds appropriated in this

18 Act for activities authorized under the Wagner-Peyser Act,

19 as amended, and title III of the Social Security Act, may

20 be used by the States to fund integrated Employment Serv21 ice and Unemployment Insurance automation efforts, not22 withstanding cost allocation principles prescribed under Of23 fice of Management and Budget Circular A–87.

24 In addition to amounts made available above, and sub25 ject to the same terms and conditions, $10,000,000 to con-
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1 duct in-person reemployment and eligibility assessments of

2 unemployment insurance beneficiaries by State unemploy3 ment insurance employees in one-stop career centers, and

4 $30,000,000 to prevent and detect fraudulent unemploy5 ment benefits claims filed using personal information stolen

6 from unsuspecting workers: Provided, That not later than

7 180 days following the end of fiscal year 2006, the Secretary

8 shall provide a report to the Congress which includes:

9 (1) the amount spent for in-person reemployment

10 and eligibility assessments of UI beneficiaries in One11 Stop Career Centers, as well as funds made available

12 and expended to prevent and detect fraudulent claims

13 for unemployment benefits filed using workers’ stolen

14 personal information;

15 (2) the number of scheduled in-person reemploy16 ment and eligibility assessments, the number of indi17 viduals who failed to appear for scheduled assess18 ments, actions taken as a result of individuals not

19 appearing for an assessment (e.g., benefits termi20 nated), results of assessments (e.g., referred to reem21 ployment services, found in compliance with program

22 requirements), estimated savings resulting from ces23 sation of benefits, and estimated savings as a result

24 of accelerated reemployment; and
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1 (3) the estimated number of UI benefit claims

2 filed using stolen identification that are discovered at

3 the time of initial filing, with an estimate of the re4 sulting savings; and the estimated number of ID theft5 related continued claims stopped, with an estimate of

6 the amount paid on such fraudulent claims and an

7 estimate of the resulting savings from their termi8 nation.

9 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

10 OTHER FUNDS

11 For repayable advances to the Unemployment Trust

12 Fund as authorized by sections 905(d) and 1203 of the So13 cial Security Act, as amended, and to the Black Lung Dis14 ability Trust Fund as authorized by section 9501(c)(1) of

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

16 nonrepayable advances to the Unemployment Trust Fund

17 as authorized by section 8509 of title 5, United States Code,

18 and to the ‘‘Federal unemployment benefits and allow19 ances’’ account, to remain available until September 30,

20 2007, $465,000,000.

21 In addition, for making repayable advances to the

22 Black Lung Disability Trust Fund in the current fiscal

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

24 Black Lung Disability Trust Fund in the current fiscal

25 year, such sums as may be necessary.
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1 PROGRAM ADMINISTRATION

2 For expenses of administering employment and train3 ing programs, $117,123,000, together with not to exceed

4 $82,877,000, which may be expended from the Employment

5 Security Administration Account in the Unemployment

6 Trust Fund.

7 WORKERS COMPENSATION PROGRAMS

8 (RESCISSION)

9 Of funds provided under this heading in the Emer10 gency Supplemental Appropriations Act, 2002 (Public Law

11 107–117, division B), $120,000,000 are rescinded.

12 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

13 SALARIES ANDEXPENSES

14 For necessary expenses for the Employee Benefits Secu15 rity Administration, $134,900,000.

16 PENSION BENEFIT GUARANTY CORPORATION

17 PENSION BENEFIT GUARANTY CORPORATION FUND

18 The Pension Benefit Guaranty Corporation is author19 ized to make such expenditures, including financial assist20 ance authorized by section 104 of Public Law 96–364, with21 in limits of funds and borrowing authority available to

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

23 such contracts and commitments without regard to fiscal

24 year limitations as provided by section 104 of the Govern25 ment Corporation Control Act, as amended (31 U.S.C.

26 9104), as may be necessary in carrying out the program,
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1 including associated administrative expenses, through Sep2 tember 30, 2006 for such Corporation: Provided, That none

3 of the funds available to the Corporation for fiscal year

4 2006 shall be available for obligations for administrative

5 expenses in excess of $296,978,000: Provided further, That

6 obligations in excess of such amount may be incurred after

7 approval by the Office of Management and Budget and the

8 Committees on Appropriations of the House and Senate.

9 EMPLOYMENT STANDARDS ADMINISTRATION

10 SALARIES ANDEXPENSES

11 For necessary expenses for the Employment Standards

12 Administration, including reimbursement to State, Federal,

13 and local agencies and their employees for inspection serv14 ices rendered, $410,568,000, together with $2,048,000 which

15 may be expended from the Special Fund in accordance with

16 sections 39(c), 44(d) and 44(j) of the Longshore and Harbor

17 Workers’ Compensation Act: Provided, That the Secretary

18 of Labor is authorized to accept, retain, and spend, until

19 expended, in the name of the Department of Labor, all sums

20 of money ordered to be paid to the Secretary of Labor, in

21 accordance with the terms of the Consent Judgment in Civil

22 Action No. 91–0027 of the United States District Court for

23 the District of the Northern Mariana Islands (May 21,

24 1992): Provided further, That the Secretary of Labor is au25 thorized to establish and, in accordance with 31 U.S.C.
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1 3302, collect and deposit in the Treasury fees for processing

2 applications and issuing certificates under sections 11(d)

3 and 14 of the Fair Labor Standards Act of 1938, as amend4 ed (29 U.S.C. 211(d) and 214) and for processing applica5 tions and issuing registrations under title I of the Migrant

6 and Seasonal Agricultural Worker Protection Act (29

7 U.S.C. 1801 et seq.).

8 SPECIAL BENEFITS

9 (INCLUDING TRANSFER OF FUNDS)

10 For the payment of compensation, benefits, and ex11 penses (except administrative expenses) accruing during the

12 current or any prior fiscal year authorized by title 5, chap13 ter 81 of the United States Code; continuation of benefits

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

15 in the Federal Security Agency Appropriation Act, 1947;

16 the Employees’ Compensation Commission Appropriation

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

18 of 1948 (50 U.S.C. App. 2012); and 50 percent of the addi19 tional compensation and benefits required by section 10(h)

20 of the Longshore and Harbor Workers’ Compensation Act,

21 as amended, $237,000,000, together with such amounts as

22 may be necessary to be charged to the subsequent year ap23 propriation for the payment of compensation and other ben24 efits for any period subsequent to August 15 of the current

25 year: Provided, That amounts appropriated may be used

26 under section 8104 of title 5, United States Code, by the
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1 Secretary of Labor to reimburse an employer, who is not

2 the employer at the time of injury, for portions of the salary

3 of a reemployed, disabled beneficiary: Provided further,

4 That balances of reimbursements unobligated on September

5 30, 2005, shall remain available until expended for the pay6 ment of compensation, benefits, and expenses: Provided fur7 ther, That in addition there shall be transferred to this ap8 propriation from the Postal Service and from any other cor9 poration or instrumentality required under section 8147(c)

10 of title 5, United States Code, to pay an amount for its

11 fair share of the cost of administration, such sums as the

12 Secretary determines to be the cost of administration for

13 employees of such fair share entities through September 30,

14 2006: Provided further, That of those funds transferred to

15 this account from the fair share entities to pay the cost of

16 administration of the Federal Employees’ Compensation

17 Act, $53,695,000 shall be made available to the Secretary

18 as follows:

19 (1) for enhancement and maintenance of auto20 mated data processing systems and telecommuni21 cations systems, $13,305,000;

22 (2) for automated workload processing oper23 ations, including document imaging, centralized mail

24 intake and medical bill processing, $27,148,000;
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1 (3) for periodic roll management and medical re2 view, $13,242,000; and

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

4 Treasury as miscellaneous receipts:

5 Provided further, That the Secretary may require that any

6 person filing a notice of injury or a claim for benefits under

7 chapter 81 of title 5, United States Code, or 33 U.S.C. 901

8 et seq., provide as part of such notice and claim, such iden9 tifying information (including Social Security account

10 number) as such regulations may prescribe.

11 SPECIAL BENEFITS FOR DISABLED COAL MINERS

12 For carrying out title IV of the Federal Mine Safety

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

14 275, (the ‘‘Act’’), $232,250,000, to remain available until

15 expended.

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

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

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

19 as may be necessary.

20 For making benefit payments under title IV for the

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

22 available until expended.
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1 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

2 OCCUPATIONAL ILLNESS COMPENSATION FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to administer the Energy Em5 ployees Occupational Illness Compensation Act,

6 $96,081,000, to remain available until expended: Provided,

7 That the Secretary of Labor is authorized to transfer to any

8 executive agency with authority under the Energy Employ9 ees Occupational Illness Compensation Act, including with10 in the Department of Labor, such sums as may be necessary

11 in fiscal year 2006 to carry out those authorities: Provided

12 further, That the Secretary may require that any person

13 filing a claim for benefits under the Act provide as part

14 of such claim, such identifying information (including So15 cial Security account number) as may be prescribed: Pro16 vided further, That not later than 30 days after enactment,

17 in addition to other sums transferred by the Secretary of

18 Labor to the National Institute for Occupational Safety and

19 Health (‘‘NIOSH’’) for the administration of the Energy

20 Employees Occupational Illness Compensation Program

21 (‘‘EEOICPA’’), the Secretary of Labor shall transfer

22 $4,500,000 to NIOSH from the funds appropriated to the

23 Energy Employees Occupational Illness Compensation

24 Fund (42 U.S.C. 7384e), for use by or in support of the

25 Advisory Board on Radiation and Worker Health (‘‘the

26 Board’’) to carry out its statutory responsibilities under
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1 EEOICPA (42 U.S.C. 7384n–q), including obtaining au2 dits, technical assistance and other support from the

3 Board’s audit contractor with regard to radiation dose esti4 mation and reconstruction efforts, site profiles, procedures,

5 and review of Special Exposure Cohort petitions and eval6 uation reports.

7 BLACK LUNG DISABILITY TRUST FUND

8 (INCLUDING TRANSFER OF FUNDS)

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

10 be necessary from the Black Lung Disability Trust Fund,

11 to remain available until expended, for payment of all bene12 fits authorized by section 9501(d)(1), (2), (4), and (7) of

13 the Internal Revenue Code of 1954, as amended; and inter14 est on advances, as authorized by section 9501(c)(2) of that

15 Act. In addition, the following amounts shall be available

16 from the Fund for fiscal year 2006 for expenses of operation

17 and administration of the Black Lung Benefits program,

18 as authorized by section 9501(d)(5): $33,050,000 for trans19 fer to the Employment Standards Administration ‘‘Salaries

20 and Expenses’’; $24,239,000 for transfer to Departmental

21 Management, ‘‘Salaries and Expenses’’; $344,000 for trans22 fer to Departmental Management, ‘‘Office of Inspector Gen23 eral’’; and $356,000 for payments into miscellaneous re24 ceipts for the expenses of the Department of the Treasury.
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1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 SALARIES ANDEXPENSES

3 For necessary expenses for the Occupational Safety

4 and Health Administration, $477,491,000, including not to

5 exceed $92,013,000 which shall be the maximum amount

6 available for grants to States under section 23(g) of the Oc7 cupational Safety and Health Act (the ‘‘Act’’), which grants

8 shall be no less than 50 percent of the costs of State occupa9 tional safety and health programs required to be incurred

10 under plans approved by the Secretary under section 18

11 of the Act; and, in addition, notwithstanding 31 U.S.C.

12 3302, the Occupational Safety and Health Administration

13 may retain up to $750,000 per fiscal year of training insti14 tute course tuition fees, otherwise authorized by law to be

15 collected, and may utilize such sums for occupational safety

16 and health training and education grants: Provided, That,

17 notwithstanding 31 U.S.C. 3302, the Secretary of Labor is

18 authorized, during the fiscal year ending September 30,

19 2006, to collect and retain fees for services provided to Na20 tionally Recognized Testing Laboratories, and may utilize

21 such sums, in accordance with the provisions of 29 U.S.C.

22 9a, to administer national and international laboratory

23 recognition programs that ensure the safety of equipment

24 and products used by workers in the workplace: Provided

25 further, That none of the funds appropriated under this
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1 paragraph shall be obligated or expended to prescribe, issue,

2 administer, or enforce any standard, rule, regulation, or

3 order under the Act which is applicable to any person who

4 is engaged in a farming operation which does not maintain

5 a temporary labor camp and employs 10 or fewer employ6 ees: Provided further, That no funds appropriated under

7 this paragraph shall be obligated or expended to administer

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

9 the Act with respect to any employer of 10 or fewer employ10 ees who is included within a category having a Days Away,

11 Restricted, or Transferred (DART) occupational injury and

12 illness rate, at the most precise industrial classification code

13 for which such data are published, less than the national

14 average rate as such rates are most recently published by

15 the Secretary, acting through the Bureau of Labor Statis16 tics, in accordance with section 24 of that Act (29 U.S.C.

17 673), except—

18 (1) to provide, as authorized by such Act, con19 sultation, technical assistance, educational and train20 ing services, and to conduct surveys and studies;

21 (2) to conduct an inspection or investigation in

22 response to an employee complaint, to issue a citation

23 for violations found during such inspection, and to

24 assess a penalty for violations which are not corrected
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1 within a reasonable abatement period and for any

2 willful violations found;

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

4 with respect to imminent dangers;

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

6 with respect to health hazards;

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

8 with respect to a report of an employment accident

9 which is fatal to one or more employees or which re10 sults in hospitalization of two or more employees, and

11 to take any action pursuant to such investigation au12 thorized by such Act; and

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

14 with respect to complaints of discrimination against

15 employees for exercising rights under such Act:

16 Provided further, That the foregoing proviso shall not apply

17 to any person who is engaged in a farming operation which

18 does not maintain a temporary labor camp and employs

19 10 or fewer employees: Provided further, That not less than

20 $3,200,000 shall be used to extend funding for the Institu21 tional Competency Building training grants which com22 menced in September 2000, for program activities for the

23 period of September 30, 2006 to September 30, 2007, pro24 vided that a grantee has demonstrated satisfactory perform25 ance.
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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES ANDEXPENSES

3 For necessary expenses for the Mine Safety and Health

4 Administration, $280,490,000, including purchase and be5 stowal of certificates and trophies in connection with mine

6 rescue and first-aid work, and the hire of passenger motor

7 vehicles, including up to $2,000,000 for mine rescue and

8 recovery activities; in addition, not to exceed $750,000 may

9 be collected by the National Mine Health and Safety Acad10 emy for room, board, tuition, and the sale of training mate11 rials, otherwise authorized by law to be collected, to be

12 available for mine safety and health education and training

13 activities, notwithstanding 31 U.S.C. 3302; and, in addi14 tion, the Mine Safety and Health Administration may re15 tain up to $1,000,000 from fees collected for the approval

16 and certification of equipment, materials, and explosives for

17 use in mines, and may utilize such sums for such activities;

18 the Secretary is authorized to accept lands, buildings,

19 equipment, and other contributions from public and private

20 sources and to prosecute projects in cooperation with other

21 agencies, Federal, State, or private; the Mine Safety and

22 Health Administration is authorized to promote health and

23 safety education and training in the mining community

24 through cooperative programs with States, industry, and

25 safety associations; and any funds available to the depart-
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1 ment may be used, with the approval of the Secretary, to

2 provide for the costs of mine rescue and survival operations

3 in the event of a major disaster.

4 BUREAU OF LABOR STATISTICS

5 SALARIES ANDEXPENSES

6 For necessary expenses for the Bureau of Labor Statis7 tics, including advances or reimbursements to State, Fed8 eral, and local agencies and their employees for services ren9 dered, $464,678,000, together with not to exceed

10 $77,845,000, which may be expended from the Employment

11 Security Administration Account in the Unemployment

12 Trust Fund, of which $5,000,000 may be used to fund the

13 mass layoff statistics program under section 15 of the Wag14 ner-Peyser Act (29 U.S.C. 49l–2): Provided, That the Cur15 rent Employment Survey shall maintain the content of the

16 survey issued prior to June 2005 with respect to the collec17 tion of data for the women worker series.

18 OFFICE OF DISABILITY EMPLOYMENT POLICY

19 SALARIES ANDEXPENSES

20 For necessary expenses for the Office of Disability Em21 ployment Policy to provide leadership, develop policy and

22 initiatives, and award grants furthering the objective of

23 eliminating barriers to the training and employment of

24 people with disabilities, $47,164,000.
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1 DEPARTMENTAL MANAGEMENT

2 SALARIES ANDEXPENSES

3 For necessary expenses for Departmental Management,

4 including the hire of three sedans, and including the man5 agement or operation, through contracts, grants or other ar6 rangements of Departmental activities conducted by or

7 through the Bureau of International Labor Affairs, includ8 ing bilateral and multilateral technical assistance and other

9 international labor activities, $320,250,000, of which

10 $6,944,000, to remain available until September 30, 2007,

11 is for Frances Perkins Building Security Enhancements,

12 and $29,760,000 is for the acquisition of Departmental in13 formation technology, architecture, infrastructure, equip14 ment, software and related needs, which will be allocated

15 by the Department’s Chief Information Officer in accord16 ance with the Department’s capital investment manage17 ment process to assure a sound investment strategy; together

18 with not to exceed $311,000, which may be expended from

19 the Employment Security Administration Account in the

20 Unemployment Trust Fund: Provided, That no funds made

21 available by this Act may be used by the Solicitor of Labor

22 to participate in a review in any United States court of

23 appeals of any decision made by the Benefits Review Board

24 under section 21 of the Longshore and Harbor Workers’

25 Compensation Act (33 U.S.C. 921) where such participa-
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1 tion is precluded by the decision of the United States Su2 preme Court in Director, Office of Workers’ Compensation

3 Programs v. Newport News Shipbuilding, 115 S. Ct. 1278

4 (1995), notwithstanding any provisions to the contrary con5 tained in Rule 15 of the Federal Rules of Appellate Proce6 dure: Provided further, That no funds made available by

7 this Act may be used by the Secretary of Labor to review

8 a decision under the Longshore and Harbor Workers’ Com9 pensation Act (33 U.S.C. 901 et seq.) that has been appealed

10 and that has been pending before the Benefits Review Board

11 for more than 12 months: Provided further, That any such

12 decision pending a review by the Benefits Review Board

13 for more than 1 year shall be considered affirmed by the

14 Benefits Review Board on the 1-year anniversary of the fil15 ing of the appeal, and shall be considered the final order

16 of the Board for purposes of obtaining a review in the

17 United States courts of appeals: Provided further, That

18 these provisions shall not be applicable to the review or ap19 peal of any decision issued under the Black Lung Benefits

20 Act (30 U.S.C. 901 et seq.).

21 VETERANS EMPLOYMENT ANDTRAINING

22 Not to exceed $194,834,000 may be derived from the

23 Employment Security Administration Account in the Un24 employment Trust Fund to carry out the provisions of 38

25 U.S.C. 4100–4113, 4211–4215, and 4321–4327, and Public

26 Law 103–353, and which shall be available for obligation
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1 by the States through December 31, 2006, of which

2 $1,984,000 is for the National Veterans’ Employment and

3 Training Services Institute. To carry out the Homeless Vet4 erans Reintegration Programs (38 U.S.C. 2021) and the

5 Veterans Workforce Investment Programs (29 U.S.C. 2913),

6 $29,500,000, of which $7,500,000 shall be available for obli7 gation for the period July 1, 2006 through June 30, 2007.

8 OFFICE OF INSPECTOR GENERAL

9 For salaries and expenses of the Office of Inspector

10 General in carrying out the provisions of the Inspector Gen11 eral Act of 1978, as amended, $67,211,000, together with

12 not to exceed $5,608,000, which may be expended from the

13 Employment Security Administration Account in the Un14 employment Trust Fund.

15 WORKING CAPITAL FUND

16 For the acquisition of a new core accounting system

17 for the Department of Labor, including hardware and soft18 ware infrastructure and the costs associated with imple19 mentation thereof, $6,230,000.

20 GENERAL PROVISIONS

21 (TRANSFER OF FUNDS)

22 SEC. 101. Not to exceed 1 percent of any discretionary

23 funds (pursuant to the Balanced Budget and Emergency

24 Deficit Control Act of 1985, as amended) which are appro25 priated for the current fiscal year for the Department of

26 Labor in this Act may be transferred between a program,
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HR 3010 EAS

1 project, or activity, but no such program, project, or activ2 ity shall be increased by more than 3 percent by any such

3 transfer: Provided, That a program, project, or activity

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

5 to approval by the House and Senate Committees on Appro6 priations: Provided further, That the transfer authority

7 granted by this section shall be available only to meet emer8 gency needs and shall not be used to create any new pro9 gram or to fund any project or activity for which no funds

10 are provided in this Act: Provided further, That the Appro11 priations Committees of both Houses of Congress are noti12 fied at least 15 days in advance of any transfer.

13 SEC. 102. In accordance with Executive Order No.

14 13126, none of the funds appropriated or otherwise made

15 available pursuant to this Act shall be obligated or expended

16 for the procurement of goods mined, produced, manufac17 tured, or harvested or services rendered, whole or in part,

18 by forced or indentured child labor in industries and host

19 countries already identified by the United States Depart20 ment of Labor prior to enactment of this Act.

21 SEC. 103. There is authorized to be appropriated such

22 sums as may be necessary to the Denali Commission

23 through the Department of Labor to conduct job training

24 of the local workforce where Denali Commission projects

25 will be constructed.
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1 SEC. 104. For purposes of chapter 8 of division B of

2 the Department of Defense and Emergency Supplemental

3 Appropriations for Recovery from and Response to Ter4 rorist Attacks on the United States Act, 2002 (Public Law

5 107–117), payments made by the New York Workers’ Com6 pensation Board to the New York Crime Victims Board and

7 the New York State Insurance Fund before the date of the

8 enactment of this Act shall be deemed to have been made

9 for workers compensation programs.

10 SEC. 105. The Department of Labor shall submit its

11 fiscal year 2007 congressional budget justifications to the

12 Committees on Appropriations of the House of Representa13 tives and the Senate in the format and level of detail used

14 by the Department of Education in its fiscal year 2006 con15 gressional budget justifications.

16 SEC. 106. Notwithstanding any other provision of law,

17 $125,000,000 shall be available and shall remain available

18 until expended to replace the funds appropriated but not

19 expended under chapter 8 of division B of the Department

20 of Defense and Emergency Supplemental Appropriations

21 for Recovery from and Response to Terrorist Attacks on the

22 United States Act, 2002 (Public Law 107–117), and of such

23 amount, $50,000,000 shall be made available for payment

24 to the New York State Uninsured Employers Fund for reim25 bursement of claims related to the terrorist attacks of Sep-
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HR 3010 EAS

1 tember 11, 2001 and for reimbursement of claims related

2 to the first response emergency services personnel who were

3 injured, were disabled, or died due to such terrorist attacks,

4 and $75,000,000 shall be made available to the Centers for

5 Disease Control and Prevention upon enactment of this Act,

6 and shall remain available until expended, for purposes re7 lated to the September 11, 2001 terrorist attacks. In expend8 ing such funds, the Director of the Centers for Disease Con9 trol and Prevention shall give first priority to the existing

10 programs coordinated by the Mount Sinai Center for Occu11 pational and Environmental Medicine, the Fire Depart12 ment of New York City Bureau of Health Services and

13 Counseling Services Unit, the New York City Police Foun14 dation’s Project COPE, Police Organization Providing Peer

15 Assistance, and the New York City Department of Health

16 and Mental Hygiene World Trade Center Health Registry

17 that administer baseline and follow-up screening, clinical

18 examinations, or long-term medical health monitoring,

19 analysis, or treatment for emergency services personnel or

20 rescue and recovery personnel, and shall give secondary pri21 ority to similar programs coordinated by other entities

22 working with the State of New York and New York City.

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

24 Appropriations Act, 2006’’.
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HR 3010 EAS

1 TITLE II—DEPARTMENT OF HEALTH AND

2 HUMAN SERVICES

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES ANDSERVICES

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

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

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

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

9 Security Act, the Health Care Quality Improvement Act of

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

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

12 2000, section 712 of the American Jobs Creation Act of

13 2004, the Poison Control Center Enhancement and Aware14 ness Act, as amended, and for expenses necessary to support

15 activities related to countering potential biological, disease,

16 nuclear, radiological and chemical threats to civilian popu17 lations, $7,325,634,000, of which $397,951,000 shall be

18 available for construction and renovation (including equip19 ment) of health care and other facilities and other health20 related activities, and of which $64,180,000 from general

21 revenues, notwithstanding section 1820(j) of the Social Se22 curity Act, shall be available for carrying out the Medicare

23 rural hospital flexibility grants program under section 1820

24 of such Act (of which $25,000,000 is for a Rural Health,

25 Education, and Workforce Infrastructure Demonstration
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HR 3010 EAS

1 Program which shall solicit and fund proposals from local

2 governments, hospitals, universities, and rural public

3 health-related entities and organizations for research devel4 opment, educational programs, job training, and construc5 tion of public health-related facilities): Provided, That of

6 the funds made available under this heading, $222,000 shall

7 be available until expended for facilities renovations at the

8 Gillis W. Long Hansen’s Disease Center: Provided further,

9 That in addition to fees authorized by section 427(b) of the

10 Health Care Quality Improvement Act of 1986, fees shall

11 be collected for the full disclosure of information under the

12 Act sufficient to recover the full costs of operating the Na13 tional Practitioner Data Bank, and shall remain available

14 until expended to carry out that Act: Provided further, That

15 fees collected for the full disclosure of information under the

16 ‘‘Health Care Fraud and Abuse Data Collection Program’’,

17 authorized by section 1128E(d)(2) of the Social Security

18 Act, shall be sufficient to recover the full costs of operating

19 the program, and shall remain available until expended to

20 carry out that Act: Provided further, That $20,000,000 of

21 the funding provided for community health centers shall be

22 used for base grant adjustments for existing centers: Pro23 vided further, That no more than $99,000 is available until

24 expended for carrying out the provisions of 42 U.S.C.

25 233(o) including associated administrative expenses: Pro-
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HR 3010 EAS

1 vided further, That $13,000,000 of the funding provided for

2 Health Centers shall be used for high-need counties, not3 withstanding section 330(r)(2)(B) of the Public Health

4 Service Act: Provided further, That no more than

5 $45,000,000 is available until expended for carrying out the

6 provisions of Public Law 104–73 and for expenses incurred

7 by the Department of Health and Human Services per8 taining to administrative claims made under such law:

9 Provided further, That $9,859,000 is available until ex10 pended for the National Cord Blood Stem Cell Bank Pro11 gram as described in House Report 108–401: Provided fur12 ther, That of the funds made available under this heading,

13 $285,963,000 shall be for the program under title X of the

14 Public Health Service Act to provide for voluntary family

15 planning projects: Provided further, That amounts provided

16 to said projects under such title shall not be expended for

17 abortions, that all pregnancy counseling shall be nondirec18 tive, and that such amounts shall not be expended for any

19 activity (including the publication or distribution of lit20 erature) that in any way tends to promote public support

21 or opposition to any legislative proposal or candidate for

22 public office: Provided further, That $797,521,000 shall be

23 for State AIDS Drug Assistance Programs authorized by

24 section 2616 of the Public Health Service Act: Provided fur25 ther, That in addition to amounts provided herein,
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HR 3010 EAS

1 $25,000,000 shall be available from amounts available

2 under section 241 of the Public Health Service Act to carry

3 out Parts A, B, C, and D of title XXVI of the Public Health

4 Service Act to fund section 2691 Special Projects of Na5 tional Significance: Provided further, That, notwith6 standing section 502(a)(1) of the Social Security Act, not

7 to exceed $121,396,250 is available for carrying out special

8 projects of regional and national significance pursuant to

9 section 501(a)(2) of such Act: Provided further, That of the

10 funds provided, $39,680,000 shall be provided to the Denali

11 Commission as a direct lump payment pursuant to Public

12 Law 106–113.

13 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

14 ACCOUNT

15 Such sums as may be necessary to carry out the pur16 pose of the program, as authorized by title VII of the Public

17 Health Service Act, as amended. For administrative ex18 penses to carry out the guaranteed loan program, including

19 section 709 of the Public Health Service Act, $2,916,000.

20 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

21 For payments from the Vaccine Injury Compensation

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

23 claims associated with vaccine-related injury or death with

24 respect to vaccines administered after September 30, 1988,

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

26 Service Act, to remain available until expended: Provided,
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HR 3010 EAS

1 That for necessary administrative expenses, not to exceed

2 $3,600,000 shall be available from the Trust Fund to the

3 Secretary of Health and Human Services.

4 CENTERS FOR DISEASE CONTROL AND PREVENTION

5 DISEASE CONTROL, RESEARCH, ANDTRAINING

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

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

8 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal

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

10 22 of the Occupational Safety and Health Act of 1970, title

11 IV of the Immigration and Nationality Act, section 501 of

12 the Refugee Education Assistance Act of 1980, and for ex13 penses necessary to support activities related to countering

14 potential biological, disease, nuclear, radiological, and

15 chemical threats to civilian populations; including pur16 chase and insurance of official motor vehicles in foreign

17 countries; and purchase, hire, maintenance, and operation

18 of aircraft, $5,989,115,000, of which $225,000,000 shall re19 main available until expended for equipment, and construc20 tion and renovation of facilities; of which $30,000,000 of

21 the amounts available for immunization activities shall re22 main available until expended; of which $542,000,000 shall

23 remain available until expended for the Strategic National

24 Stockpile; and of which $123,883,000 for international

25 HIV/AIDS shall remain available until September 30,
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HR 3010 EAS

1 2007. In addition, such sums as may be derived from au2 thorized user fees, which shall be credited to this account:

3 Provided, That in addition to amounts provided herein, the

4 following amounts shall be available from amounts avail5 able under section 241 of the Public Health Service Act:

6 (1) $12,794,000 to carry out the National Immunization

7 Surveys; (2) $109,021,000 to carry out the National Center

8 for Health Statistics surveys; (3) $24,751,000 to carry out

9 information systems standards development and architec10 ture and applications-based research used at local public

11 health levels; (4) $463,000 for Health Marketing evalua12 tions; (5) $31,000,000 to carry out Public Health Research;

13 and (6) $87,071,000 to carry out research activities within

14 the National Occupational Research Agenda: Provided fur15 ther, That none of the funds made available for injury pre16 vention and control at the Centers for Disease Control and

17 Prevention may be used, in whole or in part, to advocate

18 or promote gun control: Provided further, That up to

19 $31,800,000 shall be made available until expended for In20 dividual Learning Accounts for full-time equivalent em21 ployees of the Centers for Disease Control and Prevention:

22 Provided further, That the Director may redirect the total

23 amount made available under authority of Public Law

24 101–502, section 3, dated November 3, 1990, to activities

25 the Director may so designate: Provided further, That the
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HR 3010 EAS

1 Congress is to be notified promptly of any such transfer:

2 Provided further, That not to exceed $12,500,000 may be

3 available for making grants under section 1509 of the Pub4 lic Health Service Act to not more than 15 States, tribes,

5 or tribal organizations: Provided further, That without re6 gard to existing statute, funds appropriated may be used

7 to proceed, at the discretion of the Centers for Disease Con8 trol and Prevention, with property acquisition, including

9 a long-term ground lease for construction on non-Federal

10 land, to support the construction of a replacement labora11 tory in the Fort Collins, Colorado area: Provided further,

12 That notwithstanding any other provision of law, a single

13 contract or related contracts for development and construc14 tion of facilities may be employed which collectively include

15 the full scope of the project: Provided further, That the solic16 itation and contract shall contain the clause ‘‘availability

17 of funds’’ found at 48 CFR 52.232–18: Provided further,

18 That of the funds appropriated, $10,000 is for official recep19 tion and representation expenses when specifically ap20 proved by the Director of the Centers for Disease Control

21 and Prevention: Provided further, That employees of the

22 Centers for Disease Control and Prevention or the Public

23 Health Service, both civilian and Commissioned Officers,

24 detailed to States, municipalities, or other organizations

25 under authority of section 214 of the Public Health Service
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1 Act, shall be treated as non-Federal employees for reporting

2 purposes only and shall not be included within any per3 sonnel ceiling applicable to the Agency, Service, or the De4 partment of Health and Human Services during the period

5 of detail or assignment.

6 NATIONAL INSTITUTES OF HEALTH

7 NATIONAL CANCER INSTITUTE

8 For carrying out section 301 and title IV of the Public

9 Health Service Act with respect to cancer, $4,960,828,000,

10 of which up to $8,000,000 may be used for facilities repairs

11 and improvements at the NCI-Frederick Federally Funded

12 Research and Development Center in Frederick, Maryland.

13 NATIONAL HEART, LUNG, ANDBLOODINSTITUTE

14 For carrying out section 301 and title IV of the Public

15 Health Service Act with respect to cardiovascular, lung,

16 and blood diseases, and blood and blood products,

17 $3,023,381,000.

18 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

19 RESEARCH

20 For carrying out section 301 and title IV of the Public

21 Health Service Act with respect to dental disease,

22 $405,269,000.
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HR 3010 EAS

1 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

2 KIDNEY DISEASES

3 For carrying out section 301 and title IV of the Public

4 Health Service Act with respect to diabetes and digestive

5 and kidney disease, $1,767,919,000.

6 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND

7 STROKE

8 For carrying out section 301 and title IV of the Public

9 Health Service Act with respect to neurological disorders

10 and stroke, $1,591,924,000.

11 NATIONAL INSTITUTE OF ALLERGY ANDINFECTIOUS

12 DISEASES

13 (INCLUDING TRANSFER OF FUNDS)

14 For carrying out section 301 and title IV of the Public

15 Health Service Act with respect to allergy and infectious

16 diseases, $4,547,136,000: Provided, That $100,000,000 may

17 be made available to International Assistance Programs

18 ‘‘Global Fund to Fight HIV/AIDS, Malaria, and Tuber19 culosis’’, to remain available until expended: Provided fur20 ther, That up to $30,000,000 shall be for extramural facili21 ties construction grants to enhance the Nation’s capability

22 to do research on biological and other agents.

23 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

24 For carrying out section 301 and title IV of the Public

25 Health Service Act with respect to general medical sciences,

26 $2,002,622,000.
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HR 3010 EAS

1 NATIONAL INSTITUTE OF CHILDHEALTH ANDHUMAN

2 DEVELOPMENT

3 For carrying out section 301 and title IV of the Public

4 Health Service Act with respect to child health and human

5 development, $1,310,989,000.

6 NATIONAL EYE INSTITUTE

7 For carrying out section 301 and title IV of the Public

8 Health Service Act with respect to eye diseases and visual

9 disorders, $693,559,000.

10 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

11 SCIENCES

12 For carrying out sections 301 and 311 and title IV

13 of the Public Health Service Act with respect to environ14 mental health sciences, $667,372,000.

15 NATIONAL INSTITUTE ON AGING

16 For carrying out section 301 and title IV of the Public

17 Health Service Act with respect to aging, $1,090,600,000.

18 NATIONAL INSTITUTE OF ARTHRITIS AND

19 MUSCULOSKELETAL ANDSKIN DISEASES

20 For carrying out section 301 and title IV of the Public

21 Health Service Act with respect to arthritis and musculo22 skeletal and skin diseases, $525,758,000.
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HR 3010 EAS

1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

3 For carrying out section 301 and title IV of the Public

4 Health Service Act with respect to deafness and other com5 munication disorders, $409,432,000.

6 NATIONAL INSTITUTE OF NURSING RESEARCH

7 For carrying out section 301 and title IV of the Public

8 Health Service Act with respect to nursing research,

9 $142,549,000.

10 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

11 ALCOHOLISM

12 For carrying out section 301 and title IV of the Public

13 Health Service Act with respect to alcohol abuse and alco14 holism, $452,271,000.

15 NATIONAL INSTITUTE ON DRUG ABUSE

16 For carrying out section 301 and title IV of the Public

17 Health Service Act with respect to drug abuse,

18 $1,035,167,000.

19 NATIONAL INSTITUTE OF MENTAL HEALTH

20 For carrying out section 301 and title IV of the Public

21 Health Service Act with respect to mental health,

22 $1,460,393,000.

23 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

24 For carrying out section 301 and title IV of the Public

25 Health Service Act with respect to human genome research,

26 $502,804,000.
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HR 3010 EAS

1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

3 For carrying out section 301 and title IV of the Public

4 Health Service Act with respect to biomedical imaging and

5 bioengineering research, $309,091,000.

6 NATIONAL CENTER FOR RESEARCH RESOURCES

7 For carrying out section 301 and title IV of the Public

8 Health Service Act with respect to research resources and

9 general research support grants, $1,188,079,000: Provided,

10 That none of these funds shall be used to pay recipients

11 of the general research support grants program any amount

12 for indirect expenses in connection with such grants: Pro13 vided further, That $30,000,000 shall be for extramural fa14 cilities construction grants.

15 NATIONAL CENTER FOR COMPLEMENTARY AND

16 ALTERNATIVE MEDICINE

17 For carrying out section 301 and title IV of the Public

18 Health Service Act with respect to complementary and al19 ternative medicine, $126,978,000.

20 NATIONAL CENTER ON MINORITY HEALTH ANDHEALTH

21 DISPARITIES

22 For carrying out section 301 and title IV of the Public

23 Health Service Act with respect to minority health and

24 health disparities research, $203,367,000.
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HR 3010 EAS

1 JOHN E. FOGARTY INTERNATIONAL CENTER

2 For carrying out the activities at the John E. Fogarty

3 International Center, $68,745,000.

4 NATIONAL LIBRARY OF MEDICINE

5 For carrying out section 301 and title IV of the Public

6 Health Service Act with respect to health information com7 munications, $327,222,000, of which $4,000,000 shall be

8 available until expended for improvement of information

9 systems: Provided, That in fiscal year 2006, the Library

10 may enter into personal services contracts for the provision

11 of services in facilities owned, operated, or constructed

12 under the jurisdiction of the National Institutes of Health:

13 Provided further, That in addition to amounts provided

14 herein, $8,200,000 shall be available from amounts avail15 able under section 241 of the Public Health Service Act to

16 carry out National Information Center on Health Services

17 Research and Health Care Technology and related health

18 services.

19 OFFICE OF THE DIRECTOR

20 (INCLUDING TRANSFER OF FUNDS)

21 For carrying out the responsibilities of the Office of

22 the Director, National Institutes of Health, $487,434,000,

23 of which up to $10,000,000 shall be used to carry out section

24 216 of this Act: Provided, That funding shall be available

25 for the purchase of not to exceed 29 passenger motor vehicles

26 for replacement only: Provided further, That the Director
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HR 3010 EAS

1 may direct up to 1 percent of the total amount made avail2 able in this or any other Act to all National Institutes of

3 Health appropriations to activities the Director may so des4 ignate: Provided further, That no such appropriation shall

5 be decreased by more than 1 percent by any such transfers

6 and that the Congress is promptly notified of the transfer:

7 Provided further, That the National Institutes of Health is

8 authorized to collect third party payments for the cost of

9 clinical services that are incurred in National Institutes of

10 Health research facilities and that such payments shall be

11 credited to the National Institutes of Health Management

12 Fund: Provided further, That all funds credited to the Na13 tional Institutes of Health Management Fund shall remain

14 available for one fiscal year after the fiscal year in which

15 they are deposited: Provided further, That up to $500,000

16 shall be available to carry out section 499 of the Public

17 Health Service Act: Provided further, That in addition to

18 the transfer authority provided above, a uniform percentage

19 of the amounts appropriated in this Act to each Institute

20 and Center may be transferred and utilized for the National

21 Institutes of Health Roadmap for Medical Research: Pro22 vided further, That the amount utilized under the preceding

23 proviso shall not exceed $250,000,000 without prior notifi24 cation to the Committees on Appropriations of the House

25 of Representatives and the Senate: Provided further, That
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HR 3010 EAS

1 amounts transferred and utilized under the preceding two

2 provisos shall be in addition to amounts made available

3 for the Roadmap for Medical Research from the Director’s

4 Discretionary Fund and to any amounts allocated to activi5 ties related to the Roadmap through the normal research

6 priority-setting process of individual Institutes and Cen7 ters: Provided further, That of the funds provided $10,000

8 shall be for official reception and representation expenses

9 when specifically approved by the Director of NIH.

10 BUILDINGS AND FACILITIES

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

12 acquisition of equipment for, facilities of or used by the Na13 tional Institutes of Health, including the acquisition of real

14 property, $113,626,000, to remain available until expended:

15 Provided, That notwithstanding any other provision of law,

16 single contracts or related contracts, which collectively in17 clude the full scope of the project, may be employed for the

18 development and construction of the first and second phases

19 of the John Edward Porter Neuroscience Research Center:

20 Provided further, That the solicitations and contracts shall

21 contain the clause ‘‘availability of funds’’ found at 48 CFR

22 52.232–18.
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HR 3010 EAS

1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 SUBSTANCE ABUSE ANDMENTAL HEALTH SERVICES

4 For carrying out titles V and XIX of the Public Health

5 Service Act (‘‘PHS Act’’) with respect to substance abuse

6 and mental health services, the Protection and Advocacy for

7 Individuals with Mental Illness Act, and section 301 of the

8 PHS Act with respect to program management,

9 $3,261,783,000: Provided, That in addition to amounts pro10 vided herein, the following amounts shall be available from

11 amounts available under section 241 of the PHS Act: (1)

12 $79,200,000 to carry out subpart II of part B of title XIX

13 of the PHS Act to fund section 1935(b) technical assistance,

14 national data, data collection and evaluation activities,

15 and further that the total available in this Act for section

16 1935(b) activities shall not exceed 5 percent of the amounts

17 appropriated for subpart II of part B of title XIX; (2)

18 $21,803,000 to carry out subpart I of Part B of title XIX

19 of the PHS Act to fund section 1920(b) technical assistance,

20 national data, data collection and evaluation activities,

21 and further that the total available in this Act for section

22 1920(b) activities shall not exceed 5 percent of the amounts

23 appropriated for subpart I of Part B of title XIX; (3)

24 $16,000,000 to carry out national surveys on drug abuse;
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HR 3010 EAS

1 (4) $2,000,000 for mental health data collection; and (5)

2 $4,300,000 to evaluate substance abuse treatment programs.

3 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

4 HEALTHCARE RESEARCH ANDQUALITY

5 For carrying out titles III and IX of the Public Health

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

7 Act, amounts received from Freedom of Information Act

8 fees, reimbursable and interagency agreements, and the sale

9 of data shall be credited to this appropriation and shall

10 remain available until expended: Provided, That the

11 amount made available pursuant to section 927(c) of the

12 Public Health Service Act shall not exceed $323,695,000:

13 Provided further, That not more than $50,000,000 of these

14 funds shall be for the development of scientific evidence that

15 supports the implementation and evaluation of health care

16 information technology systems.

17 CENTERS FOR MEDICARE AND MEDICAID SERVICES

18 GRANTS TO STATES FOR MEDICAID

19 For carrying out, except as otherwise provided, titles

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

21 to remain available until expended.

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

23 under title XIX of the Social Security Act for the last quar24 ter of fiscal year 2006 for unanticipated costs, incurred for

25 the current fiscal year, such sums as may be necessary.
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HR 3010 EAS

1 For making payments to States or in the case of sec2 tion 1928 on behalf of States under title XIX of the Social

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

4 $62,783,825,000, to remain available until expended.

5 Payment under title XIX may be made for any quarter

6 with respect to a State plan or plan amendment in effect

7 during such quarter, if submitted in or prior to such quar8 ter and approved in that or any subsequent quarter.

9 PAYMENTS TO HEALTH CARE TRUST FUNDS

10 For payment to the Federal Hospital Insurance and

11 the Federal Supplementary Medical Insurance Trust

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

13 1860D–31 of the Social Security Act, sections 103(c) and

14 111(d) of the Social Security Amendments of 1965, section

15 278(d) of Public Law 97–248, and for administrative ex16 penses incurred pursuant to section 201(g) of the Social Se17 curity Act, $177,822,200,000.

18 In addition, for making matching payments under sec19 tion 1844, and benefit payments under 1860D–16 and

20 1860D–31, of the Social Security Act, not anticipated in

21 budget estimates, such sums as may be necessary.

22 PROGRAM MANAGEMENT

23 For carrying out, except as otherwise provided, titles

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

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

26 Clinical Laboratory Improvement Amendments of 1988, not
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1 to exceed $3,188,418,000, to be transferred from the Federal

2 Hospital Insurance and the Federal Supplementary Med3 ical Insurance Trust Funds, as authorized by section 201(g)

4 of the Social Security Act; together with all funds collected

5 in accordance with section 353 of the Public Health Service

6 Act and section 1857(e)(2) of the Social Security Act, and

7 such sums as may be collected from authorized user fees and

8 the sale of data, which shall remain available until ex9 pended: Provided, That all funds derived in accordance

10 with 31 U.S.C. 9701 from organizations established under

11 title XIII of the Public Health Service Act shall be credited

12 to and available for carrying out the purposes of this appro13 priation: Provided further, That $24,205,000, to remain

14 available until September 30, 2007, is for contract costs for

15 the Centers for Medicare and Medicaid Services Systems

16 Revitalization Plan: Provided further, That $79,934,000, to

17 remain available until September 30, 2007, is for contract

18 costs for the Healthcare Integrated General Ledger Account19 ing System: Provided further, That funds appropriated

20 under this heading are available for the Healthy Start,

21 Grow Smart program under which the Centers for Medicare

22 and Medicaid Services may, directly or through grants, con23 tracts, or cooperative agreements, produce and distribute

24 informational materials including, but not limited to, pam25 phlets and brochures on infant and toddler health care to
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1 expectant parents enrolled in the Medicaid program and

2 to parents and guardians enrolled in such program with

3 infants and children: Provided further, That the Secretary

4 of Health and Human Services is directed to collect fees

5 in fiscal year 2006 from Medicare Advantage organizations

6 pursuant to section 1857(e)(2) of the Social Security Act

7 and from eligible organizations with risk-sharing contracts

8 under section 1876 of that Act pursuant to section

9 1876(k)(4)(D) of that Act: Provided further, That to the ex10 tent Medicare claims volume is projected by the Centers for

11 Medicare and Medicaid Services (CMS) to exceed

12 200,000,000 Part A claims and/or 1,022,100,000 Part B

13 claims, an additional $32,500,000 shall be available for ob14 ligation for every 50,000,000 increase in Medicare claims

15 volume (including a pro rata amount for any increment

16 less than 50,000,000) from the Federal Hospital Insurance

17 and the Federal Supplementary Medical Insurance Trust

18 Funds: Provided further, That the Secretary, by not later

19 than January 1, 2006, shall produce and mail a corrected

20 version of the annual notice required under section 1804(a)

21 of the Social Security Act (42 U.S.C. 1395b–2(a)) to each

22 beneficiary described in the second sentence of such section,

23 together with an explanation of the error in the previous

24 annual notice that was mailed to such beneficiaries.
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1 HEALTH MAINTENANCE ORGANIZATION LOAN ANDLOAN

2 GUARANTEE FUND

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

4 1308 of the Public Health Service Act, any amounts re5 ceived by the Secretary in connection with loans and loan

6 guarantees under title XIII of the Public Health Service

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

8 payment of outstanding obligations. During fiscal year

9 2006, no commitments for direct loans or loan guarantees

10 shall be made.

11 HEALTH CARE FRAUDANDABUSE CONTROL ACCOUNT

12 In addition to amounts otherwise available for pro13 gram integrity and program management, $80,000,000, to

14 be transferred from the Federal Hospital Insurance and the

15 Federal Supplementary Medical Insurance Trust Funds, as

16 authorized by section 201(g) of the Social Security Act, of

17 which $75,000,000 is for the Medicare Integrity Program

18 at the Centers for Medicare and Medicaid Services (‘‘CMS’’)

19 to conduct oversight of activities authorized in Titles I and

20 II of Public Law 108–173, with oversight activities includ21 ing those activities listed in 18 U.S.C. 1893(b), and of

22 which $5,000,000 is for the Medicaid program integrity ac23 tivities, together with not less than $20,000,000 made avail24 able to the Secretary by section 1817(k)(3) of the Social Se25 curity Act: Provided, That the report required by 18 U.S.C.

26 1817(k)(5) for fiscal year 2006 shall include measures of
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1 the operational efficiency and impact on fraud, waste and

2 abuse in the Medicare and Medicaid programs for the funds

3 provided by this appropriation.

4 ADMINISTRATION FOR CHILDREN AND FAMILIES

5 PAYMENTS TO STATES FOR CHILDSUPPORT ENFORCEMENT

6 ANDFAMILY SUPPORT PROGRAMS

7 For making payments to States or other non-Federal

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

9 Social Security Act and the Act of July 5, 1960 (24 U.S.C.

10 ch. 9), $2,121,643,000, to remain available until expended;

11 and for such purposes for the first quarter of fiscal year

12 2007, $1,200,000,000, to remain available until expended.

13 For making payments to each State for carrying out

14 the program of Aid to Families with Dependent Children

15 under title IV–A of the Social Security Act before the effec16 tive date of the program of Temporary Assistance for Needy

17 Families (TANF) with respect to such State, such sums as

18 may be necessary: Provided, That the sum of the amounts

19 available to a State with respect to expenditures under such

20 title IV–A in fiscal year 1997 under this appropriation and

21 under such title IV–A as amended by the Personal Respon22 sibility and Work Opportunity Reconciliation Act of 1996

23 shall not exceed the limitations under section 116(b) of such

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

2 payments to States or other non-Federal entities under ti3 tles I, IV–D, X, XI, XIV, and XVI of the Social Security

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

5 last 3 months of the current fiscal year for unanticipated

6 costs, incurred for the current fiscal year, such sums as may

7 be necessary.

8 LOW-INCOME HOME ENERGY ASSISTANCE

9 For making payments under title XXVI of the Omni10 bus Budget Reconciliation Act of 1981, $1,883,000,000.

11 For making payments under title XXVI of the Omni12 bus Budget Reconciliation Act of 1981, $300,000,000, to re13 main available until expended: Provided, That these funds

14 are for the unanticipated home energy assistance needs of

15 one or more States, as authorized by section 2604(e) of the

16 Act: Provided further, That the entire amount is designated

17 as an emergency requirement pursuant to section 402 of

18 H. Con. Res. 95 (109th Congress), the concurrent resolution

19 on the budget for fiscal year 2006.

20 REFUGEE ANDENTRANT ASSISTANCE

21 For necessary expenses for refugee and entrant assist22 ance activities and for costs associated with the care and

23 placement of unaccompanied alien children authorized by

24 title IV of the Immigration and Nationality Act and section

25 501 of the Refugee Education Assistance Act of 1980 (Public

26 Law 96–422), for carrying out section 462 of the Homeland
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1 Security Act of 2002 (Public Law 107–296), and for car2 rying out the Torture Victims Relief Act of 2003 (Public

3 Law 108–179), $552,040,000, of which up to $9,915,000

4 shall be available to carry out the Trafficking Victims Pro5 tection Act of 2003 (Public Law 108–193): Provided, That

6 funds appropriated under this heading pursuant to section

7 414(a) of the Immigration and Nationality Act and section

8 462 of the Homeland Security Act of 2002 for fiscal year

9 2006 shall be available for the costs of assistance provided

10 and other activities to remain available through September

11 30, 2008.

12 For an additional amount for the necessary expenses

13 for refugee and entrant assistance activities and for costs

14 associated with the care and placement of unaccompanied

15 children authorized by title IV of the Immigration and Na16 tionality Act, section 501 of the Refugee Education Assist17 ance Act of 1980, and for carrying out section 462 of the

18 Homeland Security Act of 2002, $19,100,000: Provided,

19 That the entire amount is designated as an emergency re20 quirement pursuant to section 402 of H. Con. Res. 95

21 (109th Congress), the concurrent resolution on the budget

22 for fiscal year 2006.

23 PAYMENTS TO STATES FOR THE CHILDCARE AND

24 DEVELOPMENT BLOCK GRANT

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

26 Omnibus Budget Reconciliation Act of 1981 (The Child
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1 Care and Development Block Grant Act of 1990),

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

3 State general revenue funds for child care assistance for

4 low-income families: Provided, That $19,120,000 shall be

5 available for child care resource and referral and school6 aged child care activities, of which $1,000,000 shall be for

7 the Child Care Aware toll free hotline: Provided further,

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

9 by the States under section 658G, $272,672,000 shall be re10 served by the States for activities authorized under section

11 658G, of which $100,000,000 shall be for activities that im12 prove the quality of infant and toddler care: Provided fur13 ther, That $10,000,000 shall be for use by the Secretary for

14 child care research, demonstration, and evaluation activi15 ties.

16 SOCIAL SERVICES BLOCK GRANT

17 For making grants to States pursuant to section 2002

18 of the Social Security Act, $1,700,000,000: Provided, That

19 notwithstanding subparagraph (B) of section 404(d)(2) of

20 such Act, the applicable percent specified under such sub21 paragraph for a State to carry out State programs pursu22 ant to title XX of such Act shall be 10 percent.

23 CHILDREN AND FAMILIES SERVICES PROGRAMS

24 For carrying out, except as otherwise provided, the

25 Runaway and Homeless Youth Act, the Developmental Dis26 abilities Assistance and Bill of Rights Act, the Head Start
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1 Act, the Child Abuse Prevention and Treatment Act, sec2 tions 310 and 316 of the Family Violence Prevention and

3 Services Act, as amended, the Native American Programs

4 Act of 1974, title II of Public Law 95–266 (adoption oppor5 tunities), the Adoption and Safe Families Act of 1997 (Pub6 lic Law 105–89), sections 1201 and 1211 of the Children’s

7 Health Act of 2000, the Abandoned Infants Assistance Act

8 of 1988, sections 261 and 291 of the Help America Vote

9 Act of 2002, part B(1) of title IV and sections 413, 429A,

10 1110, 1115 of the Social Security Act, and sections 40155,

11 40211, and 40241 of Public Law 103–322; for making pay12 ments under the Community Services Block Grant Act, sec13 tions 439(h), 473A, and 477(i) of the Social Security Act,

14 and title IV of Public Law 105–285, and for necessary ad15 ministrative expenses to carry out said Acts and titles I,

16 IV, V, X, XI, XIV, XVI, and XX of the Social Security Act,

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

18 Budget Reconciliation Act of 1981, title IV of the Immigra19 tion and Nationality Act, section 501 of the Refugee Edu20 cation Assistance Act of 1980, sections 40155, 40211, and

21 40241 of Public Law 103–322, and section 126 and titles

22 IV and V of Public Law 100–485, $9,000,832,000, of which

23 $22,846,000, to remain available until September 30, 2007,

24 shall be for grants to States for adoption incentive pay25 ments, as authorized by section 473A of title IV of the Social
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1 Security Act (42 U.S.C. 670–679) and may be made for

2 adoptions completed before September 30, 2006: Provided,

3 That $6,874,314,000 shall be for making payments under

4 the Head Start Act, of which $1,388,800,000 shall become

5 available October 1, 2006 and remain available through

6 September 30, 2007: Provided further, That $708,895,000

7 shall be for making payments under the Community Serv8 ices Block Grant Act: Provided further, That not less than

9 $7,492,000 shall be for section 680(3)(B) of the Community

10 Services Block Grant Act: Provided further, That within

11 amounts provided herein for abstinence education for ado12 lescents, up to $10,000,000 may be available for a national

13 abstinence education campaign: Provided further, That in

14 addition to amounts provided herein, $6,000,000 shall be

15 available from amounts available under section 241 of the

16 Public Health Service Act to carry out the provisions of

17 section 1110 of the Social Security Act: Provided further,

18 That to the extent Community Services Block Grant funds

19 are distributed as grant funds by a State to an eligible enti20 ty as provided under the Act, and have not been expended

21 by such entity, they shall remain with such entity for carry22 over into the next fiscal year for expenditure by such entity

23 consistent with program purposes: Provided further, That

24 the Secretary shall establish procedures regarding the dis25 position of intangible property which permits grant funds,
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1 or intangible assets acquired with funds authorized under

2 section 680 of the Community Services Block Grant Act,

3 as amended, to become the sole property of such grantees

4 after a period of not more than 12 years after the end of

5 the grant for purposes and uses consistent with the original

6 grant: Provided further, That funds appropriated for sec7 tion 680(a)(2) of the Community Services Block Grant Act,

8 as amended, shall be available for financing construction

9 and rehabilitation and loans or investments in private

10 business enterprises owned by community development cor11 porations: Provided further, That $95,000,000 is for a com12 passion capital fund to provide grants to charitable organi13 zations to emulate model social service programs and to en14 courage research on the best practices of social service orga15 nizations: Provided further, That $14,879,000 shall be for

16 activities authorized by the Help America Vote Act of 2002,

17 of which $10,000,000 shall be for payments to States to pro18 mote access for voters with disabilities, and of which

19 $4,879,000 shall be for payments to States for protection

20 and advocacy systems for voters with disabilities: Provided

21 further, That $101,000,000 shall be for making competitive

22 grants to provide abstinence education (as defined by sec23 tion 510(b)(2) of the Social Security Act) to adolescents,

24 and for Federal costs of administering the grant: Provided

25 further, That grants under the immediately preceding pro-
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1 viso shall be made only to public and private entities which

2 agree that, with respect to an adolescent to whom the enti3 ties provide abstinence education under such grant, the en4 tities will not provide to that adolescent any other edu5 cation regarding sexual conduct, except that, in the case of

6 an entity expressly required by law to provide health infor7 mation or services the adolescent shall not be precluded from

8 seeking health information or services from the entity in

9 a different setting than the setting in which abstinence edu10 cation was provided: Provided further, That within

11 amounts provided herein for abstinence education for ado12 lescents, up to $10,000,000 may be available for a national

13 abstinence education campaign: Provided further, That in

14 addition to amounts provided herein for abstinence edu15 cation for adolescents, $4,500,000 shall be available from

16 amounts available under section 241 of the Public Health

17 Services Act to carry out evaluations (including longitu18 dinal evaluations) of adolescent pregnancy prevention ap19 proaches: Provided further, That $2,000,000 shall be for im20 proving the Public Assistance Reporting Information Sys21 tem, including grants to States to support data collection

22 for a study of the system’s effectiveness: Provided further,

23 That the total amount made available under this heading

24 shall be increased by $10,000,000, which shall be for car-
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1 rying out the National Youth Sports Program under the

2 Community Services Block Grant Act.

3 PROMOTING SAFE ANDSTABLE FAMILIES

4 For carrying out section 436 of the Social Security

5 Act, $305,000,000 and for section 437, $90,000,000: Pro6 vided, That the Secretary shall undertake a family reunifi7 cation effort in concert with national non-profit organiza8 tions engaged in similar efforts.

9 PAYMENTS TO STATES FOR FOSTER CARE ANDADOPTION

10 ASSISTANCE

11 For making payments to States or other non-Federal

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

13 $4,852,800,000.

14 For making payments to States or other non-Federal

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

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

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

18 payments to States or other non-Federal entities under sec19 tion 474 of title IV–E, for the last 3 months of the current

20 fiscal year for unanticipated costs, incurred for the current

21 fiscal year, such sums as may be necessary.

22 ADMINISTRATION ON AGING

23 AGING SERVICES PROGRAMS

24 For carrying out, to the extent not otherwise provided,

25 the Older Americans Act of 1965, as amended, and section

26 398 of the Public Health Service Act, $1,391,699,000, of
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1 which $5,500,000 shall be available for activities regarding

2 medication management, screening, and education to pre3 vent incorrect medication and adverse drug reactions.

4 OFFICE OF THE SECRETARY

5 GENERAL DEPARTMENTAL MANAGEMENT

6 For necessary expenses, not otherwise provided, for

7 general departmental management, including hire of six se8 dans, and for carrying out titles III, XVII, XX, and XXI

9 of the Public Health Service Act, the United States-Mexico

10 Border Health Commission Act, and research studies under

11 section 1110 of the Social Security Act, $353,614,000, to12 gether with $5,851,000 to be transferred and expended as

13 authorized by section 201(g)(1) of the Social Security Act

14 from the Hospital Insurance Trust Fund and the Supple15 mental Medical Insurance Trust Fund, and $39,552,000

16 from the amounts available under section 241 of the Public

17 Health Service Act to carry out national health or human

18 services research and evaluation activities: Provided, That

19 of the funds made available under this heading for carrying

20 out title XX of the Public Health Service Act, $13,120,000

21 shall be for activities specified under section 2003(b)(2), all

22 of which shall be for prevention service demonstration

23 grants under section 510(b)(2) of title V of the Social Secu24 rity Act, as amended, without application of the limitation

25 of section 2010(c) of said title XX: Provided further, That
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1 of this amount, $52,415,000 shall be for minority AIDS

2 prevention and treatment activities; and $5,952,000 shall

3 be to assist Afghanistan in the development of maternal and

4 child health clinics, consistent with section 103(a)(4)(H) of

5 the Afghanistan Freedom Support Act of 2002: Provided

6 further, That specific information requests from the chair7 men and ranking members of the Subcommittees on Labor,

8 Health and Human Services, and Education, and Related

9 Agencies, on scientific research or any other matter, shall

10 be transmitted to the Committees on Appropriations in a

11 prompt professional manner and within the time frame

12 specified in the request: Provided further, That scientific in13 formation requested by the Committees on Appropriations

14 and prepared by government researchers and scientists shall

15 be transmitted to the Committees on Appropriations, un16 censored and without delay.

17 OFFICE OF MEDICARE HEARINGS AND APPEALS

18 For expenses necessary for administrative law judges

19 responsible for hearing cases under title XVIII of the Social

20 Security Act (and related provisions of title XI of such Act),

21 $75,000,000, to be transferred in appropriate part from the

22 Federal Hospital Insurance and the Federal Supple23 mentary Medical Insurance Trust Funds.
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1 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

2 INFORMATION TECHNOLOGY

3 For expenses necessary for the Office of the National

4 Coordinator for Health Information Technology, including

5 grants, contracts and cooperative agreements for the devel6 opment and advancement of an interoperable national

7 health information technology infrastructure, $32,800,000:

8 Provided, That in addition to amounts provided herein,

9 $12,350,000 shall be available from amounts available

10 under section 241 of the Public Health Service Act to carry

11 out health information technology network development.

12 OFFICE OF INSPECTOR GENERAL

13 For expenses necessary for the Office of Inspector Gen14 eral, including the hire of passenger motor vehicles for in15 vestigations, in carrying out the provisions of the Inspector

16 General Act of 1978, as amended, $39,813,000: Provided,

17 That of such amount, necessary sums are available for pro18 viding protective services to the Secretary and investigating

19 non-payment of child support cases for which non-payment

20 is a Federal offense under 18 U.S.C. 228: Provided further,

21 That funds transferred to this heading pursuant to section

22 220 of the Department of Health and Human Services Ap23 propriations Act, 2005, shall remain available until Sep24 tember 30, 2006.
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1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil Rights,

3 $31,682,000, together with not to exceed $3,314,000 to be

4 transferred and expended as authorized by section 201(g)(1)

5 of the Social Security Act from the Hospital Insurance

6 Trust Fund and the Supplemental Medical Insurance Trust

7 Fund.

8 RETIREMENT PAY ANDMEDICAL BENEFITS FOR

9 COMMISSIONEDOFFICERS

10 For retirement pay and medical benefits of Public

11 Health Service Commissioned Officers as authorized by law,

12 for payments under the Retired Serviceman’s Family Pro13 tection Plan and Survivor Benefit Plan, for medical care

14 of dependents and retired personnel under the Dependents’

15 Medical Care Act (10 U.S.C. chapter 55), such amounts as

16 may be required during the current fiscal year.

17 PUBLIC HEALTH ANDSOCIAL SERVICES EMERGENCY FUND

18 For expenses necessary to support activities related to

19 countering potential biological, disease, nuclear, radio20 logical and chemical threats to civilian populations, and

21 to ensure a year-round influenza vaccine production capac22 ity, the development and implementation of rapidly ex23 pandable influenza vaccine production technologies, and if

24 determined necessary by the Secretary, the purchase of in25 fluenza vaccine, $8,158,589,000: Provided, That these funds

26 shall be distributed at the discretion of the President, after
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1 consultation with the Chairman and Ranking Members of

2 the House and Senate Committees on Appropriations, the

3 Chairman and Ranking Members of the House and Senate

4 Subcommittees on Labor, Health and Human Services, and

5 Education Appropriations, the Chairman and Ranking

6 Member of the Senate Health, Education, Labor, and Pen7 sions Committee, and the Senate Majority and Minority

8 Leaders: Provided further, That $8,095,000,000 of amounts

9 available for influenza and other potential pandemics pre10 paredness is designated as an emergency requirement pur11 suant to section 402 of H. Con. Res. 95 (109th Congress),

12 the concurrent resolution on the budget for fiscal year 2006

13 and shall remain available until expended.

14 GENERAL PROVISIONS

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

16 available for not to exceed $50,000 for official reception and

17 representation expenses when specifically approved by the

18 Secretary.

19 SEC. 202. The Secretary shall make available through

20 assignment not more than 60 employees of the Public

21 Health Service to assist in child survival activities and to

22 work in AIDS programs through and with funds provided

23 by the Agency for International Development, the United

24 Nations International Children’s Emergency Fund or the

25 World Health Organization.
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1 SEC. 203. None of the funds appropriated in this Act

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

3 Health Service Act or section 1503 of the National Insti4 tutes of Health Revitalization Act of 1993, Public Law 103–

5 43.

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

7 for the National Institutes of Health, the Agency for

8 Healthcare Research and Quality, and the Substance Abuse

9 and Mental Health Services Administration shall be used

10 to pay the salary of an individual, through a grant or other

11 extramural mechanism, at a rate in excess of Executive

12 Level I.

13 SEC. 205. None of the funds appropriated in this Act

14 may be expended pursuant to section 241 of the Public

15 Health Service Act, except for funds specifically provided

16 for in this Act, or for other taps and assessments made by

17 any office located in the Department of Health and Human

18 Services, prior to the Secretary’s preparation and submis19 sion of a report to the Committee on Appropriations of the

20 Senate and of the House detailing the planned uses of such

21 funds.

22 SEC. 206. Notwithstanding section 241(a) of the Public

23 Health Service Act, such portion as the Secretary shall de24 termine, but not more than 2.5 percent, of any amounts

25 appropriated for programs authorized under said Act shall
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1 be made available for the evaluation (directly, or by grants

2 or contracts) of the implementation and effectiveness of such

3 programs.

4 (TRANSFER OF FUNDS)

5 SEC. 207. Not to exceed 1 percent of any discretionary

6 funds (pursuant to the Balanced Budget and Emergency

7 Deficit Control Act of 1985, as amended) which are appro8 priated for the current fiscal year for the Department of

9 Health and Human Services in this Act may be transferred

10 between a program, project, or activity, but no such pro11 gram, project, or activity shall be increased by more than

12 3 percent by any such transfer: Provided, That a program,

13 project, or activity may be increased by up to an additional

14 2 percent subject to approval by the House and Senate Com15 mittees on Appropriations: Provided further, That the

16 transfer authority granted by this section shall be available

17 only to meet emergency needs and shall not be used to create

18 any new program or to fund any project or activity for

19 which no funds are provided in this Act: Provided further,

20 That the Appropriations Committees of both Houses of Con21 gress are notified at least 15 days in advance of any trans22 fer.

23 (TRANSFER OF FUNDS)

24 SEC. 208. The Director of the National Institutes of

25 Health, jointly with the Director of the Office of AIDS Re26 search, may transfer up to 3 percent among institutes, cen-
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1 ters, and divisions from the total amounts identified by

2 these two Directors as funding for research pertaining to

3 the human immunodeficiency virus: Provided, That the

4 Congress is promptly notified of the transfer.

5 (TRANSFER OF FUNDS)

6 SEC. 209. Of the amounts made available in this Act

7 for the National Institutes of Health, the amount for re8 search related to the human immunodeficiency virus, as

9 jointly determined by the Director of the National Institutes

10 of Health and the Director of the Office of AIDS Research,

11 shall be made available to the ‘‘Office of AIDS Research’’

12 account. The Director of the Office of AIDS Research shall

13 transfer from such account amounts necessary to carry out

14 section 2353(d)(3) of the Public Health Service Act.

15 SEC. 210. None of the funds appropriated in this Act

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

17 Public Health Service Act unless the applicant for the

18 award certifies to the Secretary that it encourages family

19 participation in the decision of minors to seek family plan20 ning services and that it provides counseling to minors on

21 how to resist attempts to coerce minors into engaging in

22 sexual activities.

23 SEC. 211. None of the funds appropriated by this Act

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

25 used to carry out the Medicare Advantage program if the

26 Secretary denies participation in such program to an other-
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1 wise eligible entity (including a Provider Sponsored Orga2 nization) because the entity informs the Secretary that it

3 will not provide, pay for, provide coverage of, or provide

4 referrals for abortions: Provided, That the Secretary shall

5 make appropriate prospective adjustments to the capitation

6 payment to such an entity (based on an actuarially sound

7 estimate of the expected costs of providing the service to such

8 entity’s enrollees): Provided further, That nothing in this

9 section shall be construed to change the Medicare program’s

10 coverage for such services and a Medicare Advantage orga11 nization described in this section shall be responsible for

12 informing enrollees where to obtain information about all

13 Medicare covered services.

14 SEC. 212. Notwithstanding any other provision of law,

15 no provider of services under title X of the Public Health

16 Service Act shall be exempt from any State law requiring

17 notification or the reporting of child abuse, child molesta18 tion, sexual abuse, rape, or incest.

19 SEC. 213. (a) Except as provided by subsection (e)

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

21 to withhold substance abuse funding from a State pursuant

22 to section 1926 of the Public Health Service Act (42 U.S.C.

23 300x–26) if such State certifies to the Secretary of Health

24 and Human Services by May 1, 2006 that the State will

25 commit additional State funds, in accordance with sub-
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1 section (b), to ensure compliance with State laws prohib2 iting the sale of tobacco products to individuals under 18

3 years of age.

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

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

6 State’s substance abuse block grant allocation for each per7 centage point by which the State misses the retailer compli8 ance rate goal established by the Secretary of Health and

9 Human Services under section 1926 of such Act.

10 (c) The State is to maintain State expenditures in fis11 cal year 2006 for tobacco prevention programs and for com12 pliance activities at a level that is not less than the level

13 of such expenditures maintained by the State for fiscal year

14 2005, and adding to that level the additional funds for to15 bacco compliance activities required under subsection (a).

16 The State is to submit a report to the Secretary on all fiscal

17 year 2005 State expenditures and all fiscal year 2006 obli18 gations for tobacco prevention and compliance activities by

19 program activity by July 31, 2006.

20 (d) The Secretary shall exercise discretion in enforcing

21 the timing of the State obligation of the additional funds

22 required by the certification described in subsection (a) as

23 late as July 31, 2006.

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

25 be used to withhold substance abuse funding pursuant to
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1 section 1926 from a territory that receives less than

2 $1,000,000.

3 SEC. 214. In order for the Centers for Disease Control

4 and Prevention to carry out international health activities,

5 including HIV/AIDS and other infectious disease, chronic

6 and environmental disease, and other health activities

7 abroad during fiscal year 2006, the Secretary of Health and

8 Human Services—

9 (1) may exercise authority equivalent to that

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

11 the State Department Basic Authorities Act of 1956

12 (22 U.S.C. 2669(c)). The Secretary of Health and

13 Human Services shall consult with the Secretary of

14 State and relevant Chief of Mission to ensure that the

15 authority provided in this section is exercised in a

16 manner consistent with section 207 of the Foreign

17 Service Act of 1980 (22 U.S.C. 3927) and other appli18 cable statutes administered by the Department of

19 State, and

20 (2) is authorized to provide such funds by ad21 vance or reimbursement to the Secretary of State as

22 may be necessary to pay the costs of acquisition,

23 lease, alteration, renovation, and management of fa24 cilities outside of the United States for the use of the

25 Department of Health and Human Services. The De-
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1 partment of State shall cooperate fully with the Sec2 retary of Health and Human Services to ensure that

3 the Department of Health and Human Services has

4 secure, safe, functional facilities that comply with ap5 plicable regulation governing location, setback, and

6 other facilities requirements and serve the purposes

7 established by this Act. The Secretary of Health and

8 Human Services is authorized, in consultation with

9 the Secretary of State, through grant or cooperative

10 agreement, to make available to public or nonprofit

11 private institutions or agencies in participating for12 eign countries, funds to acquire, lease, alter, or ren13 ovate facilities in those countries as necessary to con14 duct programs of assistance for international health

15 activities, including activities relating to HIV/AIDS

16 and other infectious diseases, chronic and environ17 mental diseases, and other health activities abroad.

18 SEC. 215. The Division of Federal Occupational

19 Health hereafter may utilize personal services contracting

20 to employ professional management/administrative and oc21 cupational health professionals.

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

23 other provision of law, the Director of the National Insti24 tutes of Health may use funds available under section

25 402(i) of the Public Health Service Act (42 U.S.C. 282(i))
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1 to enter into transactions (other than contracts, cooperative

2 agreements, or grants) to carry out research in support of

3 the NIH Roadmap for Medical Research.

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

5 under subsection (a), the Director of the National Institutes

6 of Health may utilize such peer review procedures (includ7 ing consultation with appropriate scientific experts) as the

8 Director determines to be appropriate to obtain assessments

9 of scientific and technical merit. Such procedures shall

10 apply to such transactions in lieu of the peer review and

11 advisory council review procedures that would otherwise be

12 required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),

13 406(a)(3)(A), 492, and 494 of the Public Health Service

14 Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A),

15 289a, and 289c).

16 SEC. 217. Funds which are available for Individual

17 Learning Accounts for employees of the Centers for Disease

18 Control and Prevention and the Agency for Toxic Sub19 stances and Disease Registry may be transferred to ‘‘Dis20 ease Control, Research, and Training’’, to be available only

21 for Individual Learning Accounts: Provided, That such

22 funds may be used for any individual full-time equivalent

23 employee while such employee is employed either by CDC

24 or ATSDR.
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1 SEC. 218. Notwithstanding any other provisions of

2 law, funds made available in this Act may be used to con3 tinue operating the Council on Graduate Medical Edu4 cation established by section 301 of Public Law 102–408.

5 (RESCISSION OF FUNDS)

6 SEC. 219. The unobligated balance in the amount of

7 $10,000,000 appropriated by Public Law 108–11 under the

8 heading ‘‘Public Health and Social Services Emergency

9 Fund’’ are rescinded.

10 (RESCISSION OF FUNDS)

11 SEC. 220. $15,912,000 of the unobligated balance of

12 the Health Professions Student Loan program authorized

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

14 of title VII of the Public Health Service Act are rescinded.

15 SEC. 221. Funds appropriated for State Pharma16 ceutical Assistance Programs in Public Law 108–173 for

17 fiscal year 2005 shall remain available through fiscal year

18 2006.

19 SEC. 222. Not later than June 30, 2006, the Secretary

20 of Health and Human Services shall prepare and submit

21 to Congress a report outlining—

22 (1) a detailed plan for expeditiously changing

23 the numerical identifier used to identify medicare

24 beneficiaries under the medicare program so that a

25 beneficiary’s social security account number is no

26 longer displayed on the identification card issued to
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1 the beneficiary under such program or on any expla2 nation of medicare benefits mailed to the beneficiary;

3 and

4 (2) the costs of implementing such plan.

5 SEC. 223. (a) The Headquarters and Emergency Oper6 ations Center Building (Building 21) at the Centers for

7 Disease Control and Prevention is hereby renamed as the

8 Arlen Specter Headquarters and Emergency Operations

9 Center.

10 (b) The Global Communications Center Building

11 (Building 19) at the Centers for Disease Control and Pre12 vention is hereby renamed as the Thomas R. Harkin Global

13 Communications Center.

14 SEC. 224. The Secretary of Health and Human Serv15 ices shall use amounts appropriated under title II for the

16 purchase of not less than 1,000,000 rapid oral HIV tests.

17 SEC. 225. (a) Notwithstanding any other provision of

18 law, none of the funds made available under this Act may

19 be used to implement or enforce the interim final rule pub20 lished in the Federal Register by the Centers for Medicare

21 & Medicaid Services on August 26, 2005 (70 Fed. Reg.

22 50940) or any corresponding similar regulation or ruling—

23 (1) prior to April 1, 2006; and

24 (2) on or after April 1, 2006, unless the Sec25 retary of Health and Human Services publishes—
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1 (A) by not later than January 1, 2006, a

2 proposed rule with respect to motorized or pow3 ered wheelchairs, followed by a 45-day period to

4 comment on the proposed rule; and

5 (B) by not later than February 14, 2006, a

6 final rule with respect to motorized or powered

7 wheelchairs, followed by a 45-day transition pe8 riod for implementation of the final rule.

9 (b)(1) Notwithstanding any other provision of law,

10 with respect to a covered item consisting of a motorized or

11 power wheelchair furnished during 2006, the Secretary of

12 Health and Human Services shall reduce the payment

13 amount otherwise applicable under section 1834 of the So14 cial Security Act (42 U.S.C. 1395m) for such item by 1.5

15 percent.

16 (2) The payment reduction provided under paragraph

17 (1) for 2006—

18 (A) shall not apply to a covered item consisting

19 of a motorized or power wheelchair that is furnished

20 after 2006; and

21 (B) shall not be taken into account in calcu22 lating the payment amounts applicable for such a

23 covered item furnished after 2006.

24 SEC. 226. TELEHEALTH. (a) APPROPRIATION.—Of the

25 amounts appropriated to the Health Resource and Services
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1 Administration, $10,000,000 shall be to carry out programs

2 and activities under the Health Care Safety Net Amend3 ments of 2002 (Public Law 107–251) and the amendments

4 made by such Act, and for other telehealth programs under

5 section 330I of the Public Health Service Act (42 U.S.C.

6 254c–14), of which—

7 (1) $2,500,000 shall be for not less than 10 tele8 health resource centers that provide assistance with

9 respect to technical, legal, and regulatory service de10 livery or other related barriers to the deployment of

11 telehealth technologies, of which not less than 2 centers

12 shall be located in a rural State with a population

13 of less than 1,500,000 individuals;

14 (2) $5,000,000 shall be for network grants and

15 demonstration or pilot projects for telehomecare; and

16 (3) $2,500,000 shall be for grants to carry out

17 programs under which health licensing boards or var18 ious States cooperate to develop and implement poli19 cies that will reduce statutory and regulatory barriers

20 to telehealth.

21 SEC. 227. From amounts appropriated to the Health

22 Resources and Services Administration, $5,000,000 shall be

23 available to fund grants for innovative programs to address

24 dental workforce needs under section 340G of the Public

25 Health Service Act (42 U.S.C. 246g).
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1 SEC. 228. None of the funds made available in this

2 Act may be used to provide abstinence education that in3 cludes information that is medically inaccurate. For pur4 poses of this section, the term ‘‘medically inaccurate’’ means

5 information that is unsupported or contradicted by peer6 reviewed research by leading medical, psychological, psy7 chiatric, and public health publications, organizations and

8 agencies.

9 SEC. 229. For carrying out the Low-Vision Rehabilita10 tion Services Demonstration Project by the Secretary of

11 Health and Human Services, an additional $5,000,000.

12 SEC. 230. (a) FINDINGS.—The Senate makes the fol13 lowing findings:

14 (1) Hospitals cannot provide patient care with15 out physicians.

16 (2) It is particularly difficult for hospitals to

17 provide patient care to uninsured patients.

18 (3) Medicaid disproportionate share hospital

19 (DSH) payments provide payments to hospitals to

20 provide care to uninsured patients.

21 (4) Hospitals that provide a large volume of care

22 to uninsured patients incur significant costs.

23 (5) Since there is no other source of reimburse24 ment for hospitals related to these costs, some States
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1 have permitted reimbursement of these physician costs

2 through Medicaid DSH.

3 (6) The State of Virginia has approved the in4 clusion of physician services costs as hospital costs for

5 Medicaid DSH purposes.

6 (7) Fifty percent of all indigent care in the State

7 of Virginia is provided by its 2 academic medical

8 centers.

9 (8) The financial viability of these academic

10 medical centers is threatened if these costs cannot be

11 included in Medicaid DSH reimbursement.

12 (b) SENSE OF THE SENATE.—It is the sense of the Sen13 ate that the Senate is aware of an issue regarding the defi14 nition of ‘‘hospital costs’’ incurred by the State of Virginia

15 for purposes of Medicaid reimbursement to that State and

16 urges the Administrator of the Centers for Medicare & Med17 icaid Services to work with the State to resolve the pending

18 issue.

19 SEC. 231. In addition to amounts appropriated under

20 this Act, out of any money in the Treasury not otherwise

21 appropriated an additional $800,000 to carry out section

22 312 of the Public Health Service Act (42 U.S.C. 244).

23 SEC. 232. ADDITIONAL PUBLIC HEALTH FUNDING. (a)

24 MINORITY PUBLIC HEALTH.—In addition to amounts oth25 erwise appropriated under this Act, there are appropriated,
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1 out of any money in the Treasury not otherwise appro2 priated, $10,000,000 for the Office of Minority Health.

3 (b) SICKLE CELL DISEASE.—From amounts appro4 priated under the title for the Office of the Secretary of

5 Health and Human Services, such Secretary shall make

6 available and amount not to exceed $2,000,000 of such

7 amounts to provide funding for grants under paragraph (1)

8 of section 712(c) of Public Law 108–357 (42 U.S.C. 300b–

9 1 note).

10 (c) OFFSET.—Notwithstanding any other provision of

11 this Act, amounts made available under this Act under the

12 heading Program Management for the Centers for Medicare

13 and Medicaid Services shall be reduced, on a pro rata basis,

14 by an additional $12,000,000.

15 SEC. 233. MOSQUITO ABATEMENT FOR SAFETY AND

16 HEALTH ACT. From amounts appropriated under this Act

17 for the Centers for Disease Control and Prevention for infec18 tious diseases-West Nile Virus, there shall be transferred

19 $5,000,000 to carry out section 317S of the Public Health

20 Service Act (relating to mosquito abatement for safety and

21 health).

22 SEC. 234. Amounts appropriated in this title for com23 munity health center programs under section 330 of the

24 Public Health Service Act (42 U.S.C. 254b) shall be in25 creased by $50,000,000.
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1 SEC. 235. None of the funds made available in this

2 Act may be used to implement any strategic plan under

3 section 3 of Executive Order 13335 (regarding interoperable

4 health information technology) that lacks a provision that

5 requires the Department of Health and Human Services to

6 give notice to any patient whose information maintained

7 by the Department under the strategic plan is lost, stolen,

8 or used for a purpose other than the purpose for which the

9 information was collected.

10 SEC. 236. LIMITATION ON TRAVEL AND CONFERENCES.

11 The appropriations for travel, conference programs and re12 lated expenses for the Department of Health and Human

13 Services are reduced by $15,000,000.

14 SEC. 237. In addition to amounts otherwise appro15 priated under this Act, there are appropriated, out of any

16 money in the Treasury not otherwise appropriated,

17 $15,121,000 for activities authorized by the Help America

18 Vote Act of 2002, of which $13,500,000 shall be for pay19 ments to States to promote access for voters with disabil20 ities, and of which $8,621,000 shall be for payments to

21 States for protection and advocacy systems for voters with

22 disabilities.

23 SEC. 238. (a) Section 1310.12(a) of the Code of Federal

24 Regulations shall not apply before June 30, 2006, to any

25 agency or its designee that provides transportation services
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1 for children enrolled in a Head Start program or an Early

2 Head Start program if such agency or designee places such

3 children in child restraint systems (as defined in section

4 571.213 of the Code of Federal Regulations).

5 (b) Section 640(i) of the Head Start Act (42 U.S.C.

6 9835(i)) is amended—

7 (1) by striking ‘‘(i) The’’ and inserting the fol8 lowing:

9 ‘‘(i) TRANSPORTATION SAFETY.—

10 ‘‘(1) REGULATIONS.—The’’; and

11 (2) by adding at the end the following:

12 ‘‘(2) WAIVER AUTHORITY.—

13 ‘‘(A) IN GENERAL.—The Secretary may

14 waive, for a period of up to one year, the re15 quirements of regulations promulgated under

16 paragraph (1) of this subsection and section

17 1310.12(a) of the Code of Federal Regulations for

18 one or more vehicles used by the agency or its

19 designee in transporting children enrolled in a

20 Head Start program or an Early Head Start

21 program if—

22 ‘‘(i) such requirements pertain to child

23 restraint systems and bus monitors;

24 ‘‘(ii) the agency demonstrates that

25 compliance with such requirements will re-
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1 sult in a significant disruption to the Head

2 Start program or the Early Head Start

3 program; and

4 ‘‘(iii) the waiver is in the best interest

5 of the child.

6 ‘‘(B) RENEWAL.—The Secretary may renew

7 a waiver under subparagraph (A).’’.

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

9 and Human Services Appropriations Act, 2006’’.

10 TITLE III—DEPARTMENT OF EDUCATION

11 EDUCATION FOR THE DISADVANTAGED

12 For carrying out title I of the Elementary and Sec13 ondary Education Act of 1965 (‘‘ESEA’’) and section 418A

14 of the Higher Education Act of 1965, $14,525,135,000, of

15 which $6,935,826,000 shall become available on July 1,

16 2006, and shall remain available through September 30,

17 2007, and of which $7,383,301,000 shall become available

18 on October 1, 2006, and shall remain available through

19 September 30, 2007 for academic year 2006–2007: Pro20 vided, That $6,934,854,000 shall be for basic grants under

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

22 these funds shall be available to the Secretary of Education

23 on October 1, 2005, to obtain annually updated edu24 cational-agency-level census poverty data from the Bureau

25 of the Census: Provided further, That $1,365,031,000 shall
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1 be for concentration grants under section 1124A: Provided

2 further, That $2,269,843,000 shall be for targeted grants

3 under section 1125: Provided further, That $2,269,843,000

4 shall be for education finance incentive grants under section

5 1125A: Provided further, That $9,424,000 shall be to carry

6 out part E of title I.

7 IMPACT AID

8 For carrying out programs of financial assistance to

9 federally affected schools authorized by title VIII of the Ele10 mentary and Secondary Education Act of 1965,

11 $1,240,862,000, of which $1,102,896,000 shall be for basic

12 support payments under section 8003(b), $49,966,000 shall

13 be for payments for children with disabilities under section

14 8003(d), $18,000,000 shall be for construction under section

15 8007 and shall remain available through September 30,

16 2007, $65,000,000 shall be for Federal property payments

17 under section 8002, and $5,000,000, to remain available

18 until expended, shall be for facilities maintenance under

19 section 8008: Provided, That for purposes of computing the

20 amount of a payment for an eligible local educational agen21 cy under section 8003(a) of the Elementary and Secondary

22 Education Act (20 U.S.C. 7703(a)) for school year 2005–

23 2006, children enrolled in a school of such agency that

24 would otherwise be eligible for payment under section

25 8003(a)(1)(B) of such Act, but due to the deployment of both
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1 parents or legal guardians, or a parent or legal guardian

2 having sole custody of such children, or due to the death

3 of a military parent or legal guardian while on active duty

4 (so long as such children reside on Federal property as de5 scribed in section 8003(a)(1)(B)), are no longer eligible

6 under such section, shall be considered as eligible students

7 under such section, provided such students remain in aver8 age daily attendance at a school in the same local edu9 cational agency they attended prior to their change in eligi10 bility status.

11 SCHOOL IMPROVEMENT PROGRAMS

12 For carrying out school improvement activities author13 ized by title II, part B of title IV, part A and subparts

14 6 and 9 of part D of title V, parts A and B of title VI,

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

19 Free Association Amendments Act of 2003; and the Civil

20 Rights Act of 1964, $5,457,953,000, of which

21 $3,821,042,000 shall become available on July 1, 2006, and

22 remain available through September 30, 2007, and of which

23 $1,435,000,000 shall become available on October 1, 2006,

24 and shall remain available through September 30, 2007, for

25 academic year 2006–2007: Provided, That funds made
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1 available to carry out part B of title VII of the ESEA may

2 be used for construction, renovation and modernization of

3 any elementary school, secondary school, or structure re4 lated to an elementary school or secondary school, run by

5 the Department of Education of the State of Hawaii, that

6 serves a predominantly Native Hawaiian student body:

7 Provided further, That from the funds referred to in the pre8 ceding proviso, not less than $1,250,000 shall be for a grant

9 to the Department of Education of the State of Hawaii for

10 the activities described in such proviso, and $1,250,000

11 shall be for a grant to the University of Hawaii School of

12 Law for a Center of Excellence in Native Hawaiian law:

13 Provided further, That funds made available to carry out

14 part C of title VII of the ESEA may be used for construc15 tion: Provided further, That $411,680,000 shall be for State

16 assessments and related activities authorized under sections

17 6111 and 6112 of the ESEA: Provided further, That

18 $56,825,000 shall be available to carry out section 203 of

19 the Educational Technical Assistance Act of 2002: Provided

20 further, That $36,022,000 shall be available to carry out

21 part D of title V of the ESEA: Provided further, That no

22 funds appropriated under this heading may be used to

23 carry out section 5494 under the ESEA: Provided further,

24 That $12,132,000 shall be available to carry out the Supple25 mental Education Grants program for the Federated States
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1 of Micronesia, and $6,051,000 shall be available to carry

2 out the Supplemental Education Grants program for the

3 Republic of the Marshall Islands: Provided further, That

4 up to 5 percent of these amounts may be reserved by the

5 Federated States of Micronesia and the Republic of the Mar6 shall Islands to administer the Supplemental Education

7 Grants programs and to obtain technical assistance, over8 sight and consultancy services in the administration of

9 these grants and to reimburse the United States Depart10 ments of Labor, Health and Human Services, and Edu11 cation for such services.

12 INDIAN EDUCATION

13 For expenses necessary to carry out, to the extent not

14 otherwise provided, title VII, part A of the Elementary and

15 Secondary Education Act of 1965, $119,889,000.

16 INNOVATION AND IMPROVEMENT

17 For carrying out activities authorized by part G of

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

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

20 Elementary and Secondary Education Act of 1965

21 (‘‘ESEA’’), $1,020,385,000: Provided, That $10,000,000

22 shall be available to carry out section 2151(c) of the ESEA

23 through an award to the National Board for Professional

24 Teaching Standards: Provided further, That from funds for

25 subpart 4, part C of title II, up to 3 percent shall be avail-
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1 able to the Secretary for technical assistance and dissemina2 tion of information: Provided further, That $380,924,000

3 shall be available to carry out part D of title V of the

4 ESEA.

5 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

6 For carrying out activities authorized by subpart 3 of

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

8 and 10 of part D of title V of the Elementary and Sec9 ondary Education Act of 1965 (‘‘ESEA’’), $697,300,000, of

10 which $300,000,000 shall become available on July 1, 2006

11 and remain available through September 30, 2007: Pro12 vided, That of the amount available for subpart 2 of part

13 A of title IV of the ESEA, $850,000 shall be used to con14 tinue the National Recognition Awards program under the

15 same guidelines outlined by section 120(f) of Public Law

16 105–244: Provided further, That $300,000,000 shall be

17 available for subpart 1 of part A of title IV and

18 $232,807,000 shall be available for subpart 2 of part A of

19 title IV: Provided further, That $134,493,000 shall be avail20 able to carry out part D of title V of the ESEA: Provided

21 further, That of the funds available to carry out subpart

22 3 of part C of title II, up to $12,440,000 may be used to

23 carry out section 2345 and $3,087,000 shall be used by the

24 Center for Civic Education to implement a comprehensive
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1 program to improve public knowledge, understanding, and

2 support of the Congress and the State legislatures.

3 ENGLISH LANGUAGE ACQUISITION

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

5 $675,765,000, which shall become available on July 1, 2006,

6 and shall remain available through September 30, 2007, ex7 cept that 6.5 percent of such amount shall be available on

8 October 1, 2005 and shall remain available through Sep9 tember 30, 2007, to carry out activities under section

10 3111(c)(1)(C).

11 SPECIAL EDUCATION

12 For carrying out the Individuals with Disabilities

13 Education Act, $11,774,107,000, of which $6,145,104,000

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

15 available through September 30, 2007, and of which

16 $5,424,200,000 shall become available on October 1, 2006,

17 and shall remain available through September 30, 2007, for

18 academic year 2006–2007: Provided, That $12,000,000

19 shall be for Recording for the Blind and Dyslexic, Inc., to

20 support the development, production, and circulation of re21 corded educational materials: Provided further, That

22 $1,500,000 shall be for the recipient of funds provided by

23 Public Law 105–78 under section 687(b)(2)(G) of the Act

24 (as in effect prior to the enactment of the Individuals with

25 Disabilities Education Improvement Act of 2004) to pro-
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1 vide information on diagnosis, intervention, and teaching

2 strategies for children with disabilities: Provided further,

3 That the amount for section 611(b)(2) of the Act shall be

4 equal to the amount available for that activity during fiscal

5 year 2005, increased by the amount of inflation as specified

6 in section 619(d)(2)(B) of the Act.

7 REHABILITATION SERVICES AND DISABILITY RESEARCH

8 For carrying out, to the extent not otherwise provided,

9 the Rehabilitation Act of 1973, the Assistive Technology Act

10 of 1998 (‘‘the AT Act’’), and the Helen Keller National Cen11 ter Act, $3,133,638,000, of which $1,000,000 shall be award12 ed to the American Academy of Orthotists and Prosthetists

13 for activities that further the purposes of the grant received

14 by the Academy for the period beginning October 1, 2003,

15 including activities to meet the demand for orthotic and

16 prosthetic provider services and improve patient care: Pro17 vided, That $34,760,000 shall be used for carrying out the

18 AT Act, including $4,500,000 for State grants for protec19 tion and advocacy under section 5 of the AT Act and

20 $3,760,000 shall be for alternative financing programs

21 under section 4(b)(2)(D) of the AT Act: Provided further,

22 That the Federal share of grants for alternative financing

23 programs shall not exceed 75 percent, and the requirements

24 in section 301(c)(2) and section 302 of the AT Act (as in
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1 effect on the day before the date of enactment of the Assistive

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

3 SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

4 AMERICAN PRINTING HOUSE FOR THE BLIND

5 For carrying out the Act of March 3, 1879, as amended

6 (20 U.S.C. 101 et seq.), $18,500,000.

7 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

8 For the National Technical Institute for the Deaf

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

10 1986 (20 U.S.C. 4301 et seq.), $57,279,000, of which

11 $800,000 shall be for construction and shall remain avail12 able until expended: Provided, That from the total amount

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

14 the endowment program as authorized under section 207.

15 GALLAUDET UNIVERSITY

16 For the Kendall Demonstration Elementary School,

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

18 support of Gallaudet University under titles I and II of

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

20 seq.), $108,500,000: Provided, That from the total amount

21 available, the University may at its discretion use funds

22 for the endowment program as authorized under section

23 207.

24 VOCATIONAL AND ADULT EDUCATION

25 For carrying out, to the extent not otherwise provided,

26 the Carl D. Perkins Vocational and Technical Education
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1 Act of 1998, the Adult Education and Family Literacy Act,

2 title VIII–D of the Higher Education Amendments of 1998,

3 and subpart 11 of part D of title V of the Elementary and

4 Secondary Education Act of 1965 (‘‘ESEA’’),

5 $1,923,766,000, of which $1,127,806,000 shall become avail6 able on July 1, 2006 and shall remain available through

7 September 30, 2007 and of which $791,000,000 shall become

8 available on October 1, 2006 and shall remain available

9 through September 30, 2007: Provided, That of the amount

10 provided for Adult Education State Grants, $68,582,000

11 shall be made available for integrated English literacy and

12 civics education services to immigrants and other limited

13 English proficient populations: Provided further, That of

14 the amount reserved for integrated English literacy and

15 civics education, notwithstanding section 211 of the Adult

16 Education and Family Literacy Act, 65 percent shall be

17 allocated to States based on a State’s absolute need as deter18 mined by calculating each State’s share of a 10-year aver19 age of the Immigration and Naturalization Service data for

20 immigrants admitted for legal permanent residence for the

21 10 most recent years, and 35 percent allocated to States

22 that experienced growth as measured by the average of the

23 3 most recent years for which Immigration and Naturaliza24 tion Service data for immigrants admitted for legal perma25 nent residence are available, except that no State shall be
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1 allocated an amount less than $60,000: Provided further,

2 That of the amounts made available for the Adult Edu3 cation and Family Literacy Act, $9,096,000 shall be for

4 national leadership activities under section 243 and

5 $6,638,000 shall be for the National Institute for Literacy

6 under section 242: Provided further, That $4,960,000 shall

7 be available to carry out part D of title V of the ESEA:

8 Provided further, That $24,000,000 shall be for Youth Of9 fender Grants.

10 STUDENT FINANCIAL ASSISTANCE

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

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

13 1965, as amended, $15,103,795,000, which shall remain

14 available through September 30, 2007.

15 The maximum Pell Grant for which a student shall

16 be eligible during award year 2006–2007 shall be $4,050.

17 STUDENT AID ADMINISTRATION

18 For Federal administrative expenses (in addition to

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

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

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

22 of 1965, as amended, $120,000,000.

23 HIGHER EDUCATION

24 For carrying out, to the extent not otherwise provided,

25 titles II, III, IV, V, VI, and VII of the Higher Education
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1 Act of 1965 (‘‘HEA’’), as amended, the Mutual Educational

2 and Cultural Exchange Act of 1961, title VIII of the Higher

3 Education Amendments of 1998, and section 117 of the Carl

4 D. Perkins Vocational and Technical Education Act,

5 $2,099,508,000: Provided, That $9,797,000, to remain

6 available through September 30, 2007, shall be available to

7 fund fellowships for academic year 2007–2008 under part

8 A, subpart 1 of title VII of said Act, under the terms and

9 conditions of part A, subpart 1: Provided further, That not10 withstanding any other provision of law or any regulation,

11 the Secretary of Education shall not require the use of a

12 restricted indirect cost rate for grants issued pursuant to

13 section 117 of the Carl D. Perkins Vocational and Technical

14 Education Act of 1998: Provided further, That $980,000 is

15 for data collection and evaluation activities for programs

16 under the HEA, including such activities needed to comply

17 with the Government Performance and Results Act of 1993:

18 Provided further, That notwithstanding any other provision

19 of law, funds made available in this Act to carry out title

20 VI of the HEA and section 102(b)(6) of the Mutual Edu21 cational and Cultural Exchange Act of 1961 may be used

22 to support visits and study in foreign countries by individ23 uals who are participating in advanced foreign language

24 training and international studies in areas that are vital

25 to United States national security and who plan to apply
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1 their language skills and knowledge of these countries in

2 the fields of government, the professions, or international

3 development: Provided further, That of the funds referred

4 to in the preceding proviso up to 1 percent may be used

5 for program evaluation, national outreach, and informa6 tion dissemination activities, and shall be used by the Sec7 retary of Education to develop, through consultation with

8 the Secretaries of State, Commerce, Homeland Security,

9 and Energy, institutions of higher education in the United

10 States, organizations that participate in international ex11 change programs, and other appropriate groups, a strategic

12 plan for enhancing the access of foreign students, scholars,

13 scientists, and exchange visitors to institutions of higher

14 education of the United States for study and exchange ac15 tivities: Provided further, That the strategic plan described

16 in the preceding proviso shall make use of the Internet and

17 other media resources, establish a clear division of responsi18 bility and a mechanism of institutionalized cooperation be19 tween the Departments of Education, State, Commerce,

20 Homeland Security, and Energy, and include streamlined

21 procedures to facilitate international exchanges of foreign

22 students, scholars, scientists, and exchange visitors: Pro23 vided further, That the funds provided for title II of the

24 HEA shall be allocated notwithstanding section 210 of such

25 Act.
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1 HOWARD UNIVERSITY

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

3 121 et seq.), $238,789,000, of which not less than $3,600,000

4 shall be for a matching endowment grant pursuant to the

5 Howard University Endowment Act (Public Law 98–480)

6 and shall remain available until expended.

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM ACCOUNT

9 For Federal administrative expenses to carry out ac10 tivities related to existing facility loans pursuant to section

11 121 of the Higher Education Act of 1965, as amended,

12 $573,000.

13 HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

14 FINANCING PROGRAM ACCOUNT

15 The aggregate principal amount of outstanding bonds

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

17 Higher Education Act of 1965, shall not exceed

18 $357,000,000, and the cost, as defined in section 502 of the

19 Congressional Budget Act of 1974, of such bonds shall not

20 exceed zero.

21 For administrative expenses to carry out the Histori22 cally Black College and University Capital Financing Pro23 gram entered into pursuant to title III, part D of the High24 er Education Act of 1965, as amended, $210,000.
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1 INSTITUTE OF EDUCATION SCIENCES

2 For carrying out activities authorized by the Edu3 cation Sciences Reform Act of 2002, as amended, the Na4 tional Assessment of Educational Progress Authorization

5 Act, section 208 of the Educational Technical Assistance

6 Act of 2002, and section 664 of the Individuals with Dis7 abilities Education Act, $522,695,000, of which

8 $271,560,000 shall be available until September 30, 2007.

9 DEPARTMENTAL MANAGEMENT

10 PROGRAM ADMINISTRATION

11 For carrying out, to the extent not otherwise provided,

12 the Department of Education Organization Act, including

13 rental of conference rooms in the District of Columbia and

14 hire of three passenger motor vehicles, $411,992,000.

15 OFFICE FOR CIVIL RIGHTS

16 For expenses necessary for the Office for Civil Rights,

17 as authorized by section 203 of the Department of Edu18 cation Organization Act, $91,526,000.

19 OFFICE OF THE INSPECTOR GENERAL

20 For expenses necessary for the Office of the Inspector

21 General, as authorized by section 212 of the Department

22 of Education Organization Act, $49,408,000.

23 GENERAL PROVISIONS

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

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

26 the purchase of equipment for such transportation) in order
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1 to overcome racial imbalance in any school or school system,

2 or for the transportation of students or teachers (or for the

3 purchase of equipment for such transportation) in order to

4 carry out a plan of racial desegregation of any school or

5 school system.

6 SEC. 302. None of the funds contained in this Act shall

7 be used to require, directly or indirectly, the transportation

8 of any student to a school other than the school which is

9 nearest the student’s home, except for a student requiring

10 special education, to the school offering such special edu11 cation, in order to comply with title VI of the Civil Rights

12 Act of 1964. For the purpose of this section an indirect re13 quirement of transportation of students includes the trans14 portation of students to carry out a plan involving the reor15 ganization of the grade structure of schools, the pairing of

16 schools, or the clustering of schools, or any combination of

17 grade restructuring, pairing or clustering. The prohibition

18 described in this section does not include the establishment

19 of magnet schools.

20 SEC. 303. No funds appropriated in this Act may be

21 used to prevent the implementation of programs of vol22 untary prayer and meditation in the public schools.

23 (TRANSFER OF FUNDS)

24 SEC. 304. Not to exceed 1 percent of any discretionary

25 funds (pursuant to the Balanced Budget and Emergency

26 Deficit Control Act of 1985, as amended) which are appro-
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1 priated for the Department of Education in this Act may

2 be transferred between appropriations, but no such appro3 priation shall be increased by more than 3 percent by any

4 such transfer: Provided, That the Appropriations Commit5 tees of both Houses of Congress are notified at least 15 days

6 in advance of any transfer.

7 SEC. 305. For an additional amount to carry out sub8 part 1 of part A of title IV of the Higher Education Act

9 of 1965 for the purpose of eliminating the estimated accu10 mulated shortfall of budget authority for such subpart,

11 $4,300,000,000, pursuant to section 303 of H. Con. Res. 95,

12 the concurrent resolution on the budget for fiscal year 2006.

13 SEC. 306. Subpart 12 of part D of title V of the Ele14 mentary and Secondary Education Act of 1965 (20 U.S.C.

15 7265 et seq.) is amended—

16 (1) in section 5522(b), by adding at the end the

17 following:

18 ‘‘(4) To authorize and develop cultural and edu19 cational programs relating to the Mississippi Band of

20 Choctaw Indians.’’;

21 (2) in section 5523(a)—

22 (A) by redesignating paragraphs (6)

23 through (8) as paragraphs (7) through (9), re24 spectively; and
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1 (B) by inserting after paragraph (5) the fol2 lowing:

3 ‘‘(6) The Mississippi Band of Choctaw Indians

4 in Choctaw, Mississippi.’’; and

5 (3) in section 5525, by adding at the end the fol6 lowing:

7 ‘‘(4) For cultural and educational programs, not

8 less than $2,000,000 to the Mississippi Band of Choc9 taw Indians in Choctaw, Mississippi.’’.

10 SEC. 307. APPLICATIONS FOR IMPACT AID PAYMENT.

11 Notwithstanding paragraphs (2) and (3) of section

12 8005(d) of the Elementary and Secondary Education Act

13 of 1965 (20 U.S.C. 7705(d)(2) and (3)), the Secretary of

14 Education shall treat as timely filed, and shall process for

15 payment, an application under section 8002 or section 8003

16 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2005 from

17 a local educational agency—

18 (1) that, for each of the fiscal years 2000 through

19 2004, submitted an application by the date specified

20 by the Secretary of Education under section 8005(c)

21 of such Act for the fiscal year;

22 (2) for which a reduction of more than

23 $1,000,000 was made under section 8005(d)(2) of

24 such Act by the Secretary of Education as a result of

25 the agency’s failure to file a timely application under
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1 section 8002 or 8003 of such Act for fiscal year 2005;

2 and

3 (3) that submits an application for fiscal year

4 2005 during the period beginning on February 2,

5 2004, and ending on the date of enactment of this

6 Act.

7 SEC. 308. The Secretary of Education shall conduct

8 a study to evaluate the effectiveness of violence prevention

9 programs receiving funding under the Safe and Drug-Free

10 Schools and Communities Act (20 U.S.C. 7101 et seq.)

11 based on, among other things, evidence of deterrent effect,

12 strong research design, sustained effects, and multiple site

13 replication. The study shall also include information on

14 what regular assessment mechanisms exist to allow the De15 partment of Education to evaluate the efficacy of such pro16 grams on an ongoing basis. Not later than 18 months after

17 the date of enactment of this Act, the Secretary of Education

18 shall submit a report to Congress describing the findings

19 of the study.

20 SEC. 309. There are appropriated, out of any money

21 in the Treasury not otherwise appropriated, $7,000,000 to

22 the National Assessment Governing Board for the purposes

23 of implementing a National Assessment of Educational

24 Progress test in United States history.
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1 SEC. 310. (a) In addition to amounts otherwise appro2 priated under this Act, there is appropriated, out of any

3 money in the Treasury not otherwise appropriated, an ad4 ditional $4,900,000 to carry out part H of title I of the

5 Elementary and Secondary Education Act of 1965 (20

6 U.S.C. 6551 et seq.).

7 (b) Notwithstanding any other provision of this Act,

8 the amount made available under the heading Health Re9 sources and Services Administration for construction and

10 renovation is further reduced by $4,900,000.

11 SEC. 311. In addition to amounts otherwise appro12 priated under this Act, there is appropriated, out of any

13 money in the Treasury not otherwise appropriated, an ad14 ditional $7,000,000 to carry out part G of title I of the

15 Elementary and Secondary Education Act of 1965 (20

16 U.S.C. 6531 et seq.).

17 SEC. 312. THURGOOD MARSHALL LEGAL EDU18 CATIONAL OPPORTUNITY PROGRAM AND POSITIVE BEHAV19 IORAL INTERVENTIONS AND SUPPORTS. (a) INCREASES.—

20 In addition to amounts otherwise appropriated under this

21 Act, there is appropriated, out of any money in the Treas22 ury not otherwise appropriated, an additional $3,500,000

23 for subpart 3 of part A of title VII of the Higher Education

24 Act of 1965 (20 U.S.C. 1136 et seq.), and an additional

25 $1,000,000 to the Office of Special Education Programs of
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1 the Department of Education for the expansion of positive

2 behavioral interventions and supports.

3 (b) OFFSET FROM CONSULTING EXPENSES.—

4 (1) Notwithstanding any other provision of this

5 Act, each amount provided by this Act for consulting

6 expenses for the Department of Health and Human

7 Services shall be reduced by the pro rata percentage

8 required to reduce the total amount provided by this

9 Act for such expenses by $4,500,000.

10 (2) Not later than 30 days after the date of en11 actment of this Act, the Director of the Office of Man12 agement and Budget shall submit to the Committee

13 on Appropriations of the House of Representatives

14 and the Committee on Appropriations of the Senate

15 a listing of the amounts by account of the reductions

16 made pursuant to paragraph (1).

17 (c) REPORT ON THURGOOD MARSHALL LEGAL EDU18 CATIONAL OPPORTUNITY PROGRAM.—Not later than Sep19 tember 30, 2006, the Secretary of Education shall prepare

20 and submit to Congress a report on the evaluation data re21 garding the educational and professional performance of in22 dividuals who have participated, during fiscal year 2006

23 or any preceding year, in the program under subpart 3 of

24 part A of title VII of the Higher Education Act of 1965

25 (20 U.S.C. 1136 et seq.).
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1 SEC. 313. In addition to amounts otherwise appro2 priated under this Act, there are appropriated, out of any

3 money in the Treasury not otherwise appropriated,

4 $5,000,000 to carry out the Federal TRIO programs under

5 chapter 1 of subpart 2 of part A of title IV of the Higher

6 Education Act of 1965 (20 U.S.C. 1070a–11 et seq.).

7 SEC. 314. INCREASED FUNDING FOR EDUCATION PRO8 GRAMS SERVING HISPANIC STUDENTS. (a) MIGRANT EDU9 CATION.—In addition to amounts otherwise appropriated

10 under this Act, there are appropriated, out of any money

11 in the Treasury not otherwise appropriated, an additional

12 $4,800,000 for the education of migratory children under

13 part C of title I of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6391 et seq.).

15 (b) ENGLISH LANGUAGE ACQUISITION.—In addition

16 to amounts otherwise appropriated under this Act, there are

17 appropriated, out of any money in the Treasury not other18 wise appropriated, an additional $7,650,000 for English

19 language acquisition programs under part A of title III of

20 the Elementary and Secondary Education Act of 1965 (20

21 U.S.C. 6811 et seq.).

22 (c) HEP/CAMP.—In addition to amounts otherwise

23 appropriated under this Act, there are appropriated, out

24 of any money in the Treasury not otherwise appropriated,

25 an additional $2,850,000 for the High School Equivalency
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1 Program and the College Assistance Migrant Program

2 under section 418A of the Higher Education Act of 1965

3 (20 U.S.C. 1070d–2).

4 (d) ESL/CIVICS PROGRAMS.—In addition to

5 amounts otherwise appropriated under this Act, there are

6 appropriated, out of any money in the Treasury not other7 wise appropriated, an additional $3,250,000 for English as

8 a second language programs and civics education programs

9 under the Adult Education Act (20 U.S.C. 9201 et seq.).

10 (e) PARENT ASSISTANCE AND LOCAL FAMILY INFOR11 MATION CENTERS.—In addition to amounts otherwise ap12 propriated under this Act, there are appropriated, out of

13 any money in the Treasury not otherwise appropriated, an

14 additional $6,500,000 for the Parent Assistance and Local

15 Family Information Centers under subpart 16 of part D

16 of title V of the Elementary and Secondary Education Act

17 of 1965 (20 U.S.C. 7273 et seq.).

18 (g) HISPANIC-SERVING INSTITUTIONS.—In addition to

19 amounts otherwise appropriated under this Act, there are

20 appropriated, out of any money in the Treasury not other21 wise appropriated, $4,950,000 for Hispanic-serving institu22 tions under title V of the Higher Education Act of 1965

23 (20 U.S.C. 1101 et seq.).

24 This title may be cited as the ‘‘Department of Edu25 cation Appropriations Act, 2006’’.
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1 TITLE IV—RELATED AGENCIES

2 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

3 BLINDOR SEVERELY DISABLED

4 SALARIES ANDEXPENSES

5 For expenses necessary of the Committee for Purchase

6 From People Who Are Blind or Severely Disabled estab7 lished by Public Law 92–28, $4,669,000.

8 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

9 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

10 EXPENSES

11 For expenses necessary for the Corporation for Na12 tional and Community Service to carry out the provisions

13 of the Domestic Volunteer Service Act of 1973, as amended,

14 $316,212,000: Provided, That none of the funds made avail15 able to the Corporation for National and Community Serv16 ice in this Act for activities authorized by section 122 of

17 part C of title I and part E of title II of the Domestic

18 Volunteer Service Act of 1973 shall be used to provide sti19 pends or other monetary incentives to volunteers or volun20 teer leaders whose incomes exceed 125 percent of the na21 tional poverty level: Provided further, That the Corporation

22 shall use a portion of the funds made available under this

23 heading to conduct an evaluation, after consultation with

24 experts on national service programs and rural community

25 leaders, of programs carried out under the national service
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1 laws (consisting of that Act and the National and Commu2 nity Service Act of 1990) in rural areas, to determine utili3 zation of the programs and to develop new and innovative

4 strategies that would prioritize geographic diversity of the

5 programs carried out under the national service laws to in6 crease the presence of the programs in rural areas.

7 NATIONAL ANDCOMMUNITY SERVICE PROGRAMS,

8 OPERATING EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses for the Corporation for Na11 tional and Community Service (the ‘‘Corporation’’) in car12 rying out programs, activities, and initiatives under the

13 National and Community Service Act of 1990 (the ‘‘Act’’)

14 (42 U.S.C. 12501 et seq.), $546,243,000, to remain available

15 until September 30, 2007: Provided, That not more than

16 $280,000,000 of the amount provided under this heading

17 shall be available for grants under the National Service

18 Trust Program authorized under subtitle C of title I of the

19 Act (42 U.S.C. 12571 et seq.) (relating to activities of the

20 AmeriCorps program), including grants to organizations

21 operating projects under the AmeriCorps Education

22 Awards Program (without regard to the requirements of sec23 tions 121(d) and (e), section 131(e), section 132, and sec24 tions 140(a), (d), and (e) of the Act: Provided further, That

25 not less than $149,000,000 of the amount provided under

26 this heading, to remain available without fiscal year limi-
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1 tation, shall be transferred to the National Service Trust

2 for educational awards authorized under subtitle D of title

3 I of the Act (42 U.S.C. 12601), of which up to $4,000,000

4 shall be available to support national service scholarships

5 for high school students performing community service, and

6 of which $10,000,000 shall be held in reserve as defined in

7 Public Law 108–45: Provided further, That in addition to

8 amounts otherwise provided to the National Service Trust

9 under the second proviso, the Corporation may transfer

10 funds from the amount provided under the first proviso, to

11 the National Service Trust authorized under subtitle D of

12 title I of the Act (42 U.S.C. 12601) upon determination

13 that such transfer is necessary to support the activities of

14 national service participants and after notice is trans15 mitted to Congress: Provided further, That of the amount

16 provided under this heading for grants under the National

17 Service Trust program authorized under subtitle C of title

18 I of the Act, not more than $55,000,000 may be used to

19 administer, reimburse, or support any national service pro20 gram authorized under section 121(d)(2) of such Act (42

21 U.S.C. 12581(d)(2)): Provided further, That not more than

22 $15,945,000 shall be available for quality and innovation

23 activities authorized under subtitle H of title I of the Act

24 (42 U.S.C. 12853 et seq.): Provided further, That notwith25 standing subtitle H of title I of the Act (42 U.S.C. 12853),
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1 none of the funds provided under the previous proviso shall

2 be used to support salaries and related expenses (including

3 travel) attributable to Corporation employees: Provided fur4 ther, That to the maximum extent feasible, funds appro5 priated under subtitle C of title I of the Act shall be pro6 vided in a manner that is consistent with the recommenda7 tions of peer review panels in order to ensure that priority

8 is given to programs that demonstrate quality, innovation,

9 replicability, and sustainability: Provided further, That

10 $27,000,000 of the funds made available under this heading

11 shall be available for the Civilian Community Corps au12 thorized under subtitle E of title I of the Act (42 U.S.C.

13 12611 et seq.): Provided further, That $42,656,000 shall be

14 available for school-based and community-based service15 learning programs authorized under subtitle B of title I of

16 the Act (42 U.S.C. 12521 et seq.): Provided further, That

17 $4,000,000 shall be available for audits and other evalua18 tions authorized under section 179 of the Act (42 U.S.C.

19 12639): Provided further, That $10,000,000 of the funds

20 made available under this heading shall be made available

21 for the Points of Light Foundation for activities authorized

22 under title III of the Act (42 U.S.C. 12661 et seq.), of which

23 not more than $2,500,000 may be used to support an en24 dowment fund, the corpus of which shall remain intact and

25 the interest income from which shall be used to support ac-
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1 tivities described in title III of the Act, provided that the

2 Foundation may invest the corpus and income in federally

3 insured bank savings accounts or comparable interest bear4 ing accounts, certificates of deposit, money market funds,

5 mutual funds, obligations of the United States, and other

6 market instruments and securities but not in real estate in7 vestments: Provided further, That no funds shall be avail8 able for national service programs run by Federal agencies

9 authorized under section 121(b) of such Act (42 U.S.C.

10 12571(b)): Provided further, That $5,000,000 of the funds

11 made available under this heading shall be made available

12 to America’s Promise—The Alliance for Youth, Inc.: Pro13 vided further, That to the maximum extent practicable, the

14 Corporation shall increase significantly the level of match15 ing funds and in-kind contributions provided by the private

16 sector, and shall reduce the total Federal costs per partici17 pant in all programs: Provided further, That notwith18 standing section 501(a)(4) of the Act, of the funds provided

19 under this heading, not more than $12,642,000 shall be

20 made available to provide assistance to state commissions

21 on national and community service under section 126(a)

22 of the Act: Provided further, That the Corporation may use

23 up to 1 percent of program grant funds made available

24 under this heading to defray its costs of conducting grant
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1 application reviews, including the use of outside peer re2 viewers.

3 SALARIES ANDEXPENSES

4 For necessary expenses of administration as provided

5 under section 501(a)(4) of the National and Community

6 Service Act of 1990 and under section 504(a) of the Domes7 tic Volunteer Service Act of 1973, including payment of sal8 aries, authorized travel, hire of passenger motor vehicles,

9 the rental of conference rooms in the District of Columbia,

10 the employment of experts and consultants authorized under

11 5 U.S.C. 3109, and not to exceed $2,500 for official recep12 tion and representation expenses, $66,750,000.

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector Gen15 eral in carrying out the Inspector General Act of 1978, as

16 amended, $6,000,000, to remain available until September

17 30, 2007.

18 ADMINISTRATIVE PROVISIONS

19 Notwithstanding any other provision of law, the term

20 ‘‘qualified student loan’’ with respect to national service

21 education awards shall mean any loan determined by an

22 institution of higher education to be necessary to cover a

23 student’s cost of attendance at such institution and made,

24 insured, or guaranteed directly to a student by a State

25 agency, in addition to other meanings under section

26 148(b)(7) of the National and Community Service Act.
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1 Notwithstanding any other provision of law, funds

2 made available under section 129(d)(5)(B) of the National

3 and Community Service Act to assist entities in placing

4 applicants who are individuals with disabilities may be

5 provided to any entity that receives a grant under section

6 121 of the Act.

7 The Inspector General of the Corporation for National

8 and Community Service shall conduct random audits of the

9 grantees that administer activities under the AmeriCorps

10 programs and shall levy sanctions in accordance with

11 standard Inspector General audit resolution procedures

12 which include, but are not limited to, debarment of any

13 grantee (or successor in interest or any entity with substan14 tially the same person or persons in control) that has been

15 determined to have committed any substantial violations of

16 the requirements of the AmeriCorps programs, including

17 any grantee that has been determined to have violated the

18 prohibition of using Federal funds to lobby the Congress:

19 Provided, That the Inspector General shall obtain reim20 bursements in the amount of any misused funds from any

21 grantee that has been determined to have committed any

22 substantial violations of the requirements of the AmeriCorps

23 programs.

24 For fiscal year 2006, the Corporation shall make any

25 significant changes to program requirements or policy only
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1 through public notice and comment rulemaking. For fiscal

2 year 2006, during any grant selection process, no officer

3 or employee of the Corporation shall knowingly disclose any

4 covered grant selection information regarding such selec5 tion, directly or indirectly, to any person other than an

6 officer or employee of the Corporation that is authorized

7 by the Corporation to receive such information.

8 CORPORATION FOR PUBLIC BROADCASTING

9 For payment to the Corporation for Public Broad10 casting, as authorized by the Communications Act of 1934,

11 an amount which shall be available within limitations spec12 ified by that Act, for the fiscal year 2007, $400,000,000:

13 Provided, That no funds made available to the Corporation

14 for Public Broadcasting by this Act shall be used to pay

15 for receptions, parties, or similar forms of entertainment

16 for Government officials or employees: Provided further,

17 That none of the funds contained in this paragraph shall

18 be available or used to aid or support any program or activ19 ity from which any person is excluded, or is denied benefits,

20 or is discriminated against, on the basis of race, color, na21 tional origin, religion, or sex: Provided further, That for

22 fiscal year 2006, in addition to the amounts provided above,

23 $35,000,000 shall be for costs related to digital program

24 production, development, and distribution, associated with

25 the transition of public broadcasting to digital broad-
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1 casting, to be awarded as determined by the Corporation

2 in consultation with public radio and television licensees

3 or permittees, or their designated representatives: Provided

4 further, That for fiscal year 2006, in addition to the

5 amounts provided above, $40,000,000 shall be for the costs

6 associated with replacement and upgrade of the public tele7 vision interconnection system: Provided further, That none

8 of the funds made available to the Corporation for Public

9 Broadcasting by this Act, Public Law 108–199 or Public

10 Law 108–7, shall be used to support the Television Future

11 Fund or any similar purpose.

12 FEDERAL MEDIATION AND CONCILIATION SERVICE

13 SALARIES ANDEXPENSES

14 For expenses necessary for the Federal Mediation and

15 Conciliation Service to carry out the functions vested in

16 it by the Labor Management Relations Act, 1947 (29 U.S.C.

17 171–180, 182–183), including hire of passenger motor vehi18 cles; for expenses necessary for the Labor-Management Co19 operation Act of 1978 (29 U.S.C. 175a); and for expenses

20 necessary for the Service to carry out the functions vested

21 in it by the Civil Service Reform Act, Public Law 95–454

22 (5 U.S.C. ch. 71), $43,439,000, including $500,000, to re23 main available through September 30, 2007, for activities

24 authorized by the Labor-Management Cooperation Act of

25 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31
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1 U.S.C. 3302, fees charged, up to full-cost recovery, for spe2 cial training activities and other conflict resolution services

3 and technical assistance, including those provided to foreign

4 governments and international organizations, and for arbi5 tration services shall be credited to and merged with this

6 account, and shall remain available until expended: Pro7 vided further, That fees for arbitration services shall be

8 available only for education, training, and professional de9 velopment of the agency workforce: Provided further, That

10 the Director of the Service is authorized to accept and use

11 on behalf of the United States gifts of services and real, per12 sonal, or other property in the aid of any projects or func13 tions within the Director’s jurisdiction.

14 FEDERAL MINE SAFETY AND HEALTH REVIEW

15 COMMISSION

16 SALARIES ANDEXPENSES

17 For expenses necessary for the Federal Mine Safety

18 and Health Review Commission (30 U.S.C. 801 et seq.),

19 $7,809,000.

20 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

21 OFFICE OF MUSEUM ANDLIBRARY SERVICES: GRANTS AND

22 ADMINISTRATION

23 For carrying out the Museum and Library Services

24 Act of 1996, $290,129,000, to remain available until ex25 pended.
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1 MEDICARE PAYMENT ADVISORY COMMISSION

2 SALARIES ANDEXPENSES

3 For expenses necessary to carry out section 1805 of the

4 Social Security Act, $10,168,000, to be transferred to this

5 appropriation from the Federal Hospital Insurance and the

6 Federal Supplementary Medical Insurance Trust Funds.

7 NATIONAL COMMISSION ON LIBRARIES AND INFORMATION

8 SCIENCE

9 SALARIES ANDEXPENSES

10 For necessary expenses for the National Commission

11 on Libraries and Information Science, established by the

12 Act of July 20, 1970 (Public Law 91–345, as amended),

13 $993,000.

14 NATIONAL COUNCIL ON DISABILITY

15 SALARIES ANDEXPENSES

16 For expenses necessary for the National Council on

17 Disability as authorized by title IV of the Rehabilitation

18 Act of 1973, as amended, $3,344,000.

19 NATIONAL LABOR RELATIONS BOARD

20 SALARIES ANDEXPENSES

21 For expenses necessary for the National Labor Rela22 tions Board to carry out the functions vested in it by the

23 Labor-Management Relations Act, 1947, as amended (29

24 U.S.C. 141–167), and other laws, $252,268,000: Provided,

25 That no part of this appropriation shall be available to or-
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1 ganize or assist in organizing agricultural laborers or used

2 in connection with investigations, hearings, directives, or

3 orders concerning bargaining units composed of agricul4 tural laborers as referred to in section 2(3) of the Act of

5 July 5, 1935 (29 U.S.C. 152), and as amended by the

6 Labor-Management Relations Act, 1947, as amended, and

7 as defined in section 3(f) of the Act of June 25, 1938 (29

8 U.S.C. 203), and including in said definition employees en9 gaged in the maintenance and operation of ditches, canals,

10 reservoirs, and waterways when maintained or operated on

11 a mutual, nonprofit basis and at least 95 percent of the

12 water stored or supplied thereby is used for farming pur13 poses.

14 NATIONAL MEDIATION BOARD

15 SALARIES ANDEXPENSES

16 For expenses necessary to carry out the provisions of

17 the Railway Labor Act, as amended (45 U.S.C. 151–188),

18 including emergency boards appointed by the President,

19 $11,628,000.

20 OCCUPATIONAL SAFETY AND HEALTH REVIEW

21 COMMISSION

22 SALARIES ANDEXPENSES

23 For expenses necessary for the Occupational Safety

24 and Health Review Commission (29 U.S.C. 661),

25 $10,510,000.
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1 RAILROAD RETIREMENT BOARD

2 DUAL BENEFITS PAYMENTS ACCOUNT

3 For payment to the Dual Benefits Payments Account,

4 authorized under section 15(d) of the Railroad Retirement

5 Act of 1974, $97,000,000, which shall include amounts be6 coming available in fiscal year 2006 pursuant to section

7 224(c)(1)(B) of Public Law 98–76; and in addition, an

8 amount, not to exceed 2 percent of the amount provided

9 herein, shall be available proportional to the amount by

10 which the product of recipients and the average benefit re11 ceived exceeds $97,000,000: Provided, That the total amount

12 provided herein shall be credited in 12 approximately equal

13 amounts on the first day of each month in the fiscal year.

14 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

15 ACCOUNTS

16 For payment to the accounts established in the Treas17 ury for the payment of benefits under the Railroad Retire18 ment Act for interest earned on unnegotiated checks,

19 $150,000, to remain available through September 30, 2007,

20 which shall be the maximum amount available for payment

21 pursuant to section 417 of Public Law 98–76.

22 LIMITATION ON ADMINISTRATION

23 For necessary expenses for the Railroad Retirement

24 Board for administration of the Railroad Retirement Act

25 and the Railroad Unemployment Insurance Act,

26 $102,543,000, to be derived in such amounts as determined
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1 by the Board from the railroad retirement accounts and

2 from moneys credited to the railroad unemployment insur3 ance administration fund.

4 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

5 For expenses necessary for the Office of Inspector Gen6 eral for audit, investigatory and review activities, as au7 thorized by the Inspector General Act of 1978, as amended,

8 not more than $7,196,000, to be derived from the railroad

9 retirement accounts and railroad unemployment insurance

10 account: Provided, That none of the funds made available

11 in any other paragraph of this Act may be transferred to

12 the Office; used to carry out any such transfer; used to pro13 vide any office space, equipment, office supplies, commu14 nications facilities or services, maintenance services, or ad15 ministrative services for the Office; used to pay any salary,

16 benefit, or award for any personnel of the Office; used to

17 pay any other operating expense of the Office; or used to

18 reimburse the Office for any service provided, or expense

19 incurred, by the Office: Provided further, That funds made

20 available under the heading in this Act, or subsequent De21 partments of Labor, Health and Human Services, and Edu22 cation, and Related Agencies Appropriations Acts, may be

23 used for any audit, investigation, or review of the Medicare

24 program.
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1 SOCIAL SECURITY ADMINISTRATION

2 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

3 For payment to the Federal Old-Age and Survivors In4 surance and the Federal Disability Insurance trust funds,

5 as provided under sections 201(m), 228(g), and 1131(b)(2)

6 of the Social Security Act, $20,470,000.

7 SUPPLEMENTAL SECURITY INCOME PROGRAM

8 For carrying out titles XI and XVI of the Social Secu9 rity Act, section 401 of Public Law 92–603, section 212

10 of Public Law 93–66, as amended, and section 405 of Public

11 Law 95–216, including payment to the Social Security

12 trust funds for administrative expenses incurred pursuant

13 to section 201(g)(1) of the Social Security Act,

14 $29,510,574,000, to remain available until expended: Pro15 vided, That, notwithstanding the provisions of section

16 708(a) of the Social Security Act (42 U.S.C. 908(a)), the

17 day designated for delivery of benefit payments under title

18 XVI of such Act for October 2006 shall be the second day

19 of such month: Provided further, That any portion of the

20 funds provided to a State in the current fiscal year and

21 not obligated by the State during that year shall be returned

22 to the Treasury.

23 For making, after June 15 of the current fiscal year,

24 benefit payments to individuals under title XVI of the So25 cial Security Act, for unanticipated costs incurred for the

26 current fiscal year, such sums as may be necessary.
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1 For making benefit payments under title XVI of the

2 Social Security Act for the first quarter of fiscal year 2007,

3 $11,110,000,000, to remain available until expended.

4 LIMITATION ON ADMINISTRATIVE EXPENSES

5 For necessary expenses, including the hire of two pas6 senger motor vehicles, and not to exceed $15,000 for official

7 reception and representation expenses, not more than

8 $9,020,400,000 may be expended, as authorized by section

9 201(g)(1) of the Social Security Act, from any one or all

10 of the trust funds referred to therein: Provided, That not

11 less than $2,000,000 shall be for the Social Security Advi12 sory Board: Provided further, That unobligated balances of

13 funds provided under this paragraph at the end of fiscal

14 year 2006 not needed for fiscal year 2006 shall remain

15 available until expended to invest in the Social Security

16 Administration information technology and telecommuni17 cations hardware and software infrastructure, including re18 lated equipment and non-payroll administrative expenses

19 associated solely with this information technology and tele20 communications infrastructure: Provided further, That re21 imbursement to the trust funds under this heading for ex22 penditures for official time for employees of the Social Secu23 rity Administration pursuant to section 7131 of title 5,

24 United States Code, and for facilities or support services

25 for labor organizations pursuant to policies, regulations, or

26 procedures referred to in section 7135(b) of such title shall
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1 be made by the Secretary of the Treasury, with interest,

2 from amounts in the general fund not otherwise appro3 priated, as soon as possible after such expenditures are

4 made: Provided further, That funds provided under this

5 paragraph may be used to complete the processing of ap6 peals received prior to July 1, 2005 under section 1852 and

7 1869 of the Social Security Act, notwithstanding section

8 931(b) of Public Law 108–173, and the Commissioner of

9 the Social Security Administration may enter into a reim10 bursable agreement with the Secretary of Health and

11 Human Services to process such appeals received after June

12 30, 2005 and prior to October 1, 2005.

13 From funds provided under the first paragraph, not

14 less than $412,000,000 shall be available for conducting

15 continuing disability reviews under titles II and XVI of the

16 Social Security Act.

17 In addition to amounts made available above, and sub18 ject to the same terms and conditions, $189,000,000, for ad19 ditional continuing disability reviews, pursuant to section

20 404(b)(1) of H. Con. Res. 95 (109th Congress), the concur21 rent resolution on the budget for fiscal year 2006.

22 In addition, $119,000,000 to be derived from adminis23 tration fees in excess of $5.00 per supplementary payment

24 collected pursuant to section 1616(d) of the Social Security

25 Act or section 212(b)(3) of Public Law 93–66, which shall
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1 remain available until expended. To the extent that the

2 amounts collected pursuant to such section 1616(d) or

3 212(b)(3) in fiscal year 2006 exceed $119,000,000, the

4 amounts shall be available in fiscal year 2007 only to the

5 extent provided in advance in appropriations Acts.

6 In addition, up to $1,000,000 to be derived from fees

7 collected pursuant to section 303(c) of the Social Security

8 Protection Act (Public Law 108–203), which shall remain

9 available until expended.

10 OFFICE OF INSPECTOR GENERAL

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses necessary for the Office of Inspector Gen13 eral in carrying out the provisions of the Inspector General

14 Act of 1978, as amended, $26,000,000, together with not to

15 exceed $67,000,000, to be transferred and expended as au16 thorized by section 201(g)(1) of the Social Security Act from

17 the Federal Old-Age and Survivors Insurance Trust Fund

18 and the Federal Disability Insurance Trust Fund.

19 In addition, an amount not to exceed 3 percent of the

20 total provided in this appropriation may be transferred

21 from the ‘‘Limitation on Administrative Expenses’’, Social

22 Security Administration, to be merged with this account,

23 to be available for the time and purposes for which this

24 account is available: Provided, That notice of such transfers

25 shall be transmitted promptly to the Committees on Appro26 priations of the House and Senate.
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1 TITLE V—GENERAL PROVISIONS

2 SEC. 501. The Secretaries of Labor, Health and

3 Human Services, and Education are authorized to transfer

4 unexpended balances of prior appropriations to accounts

5 corresponding to current appropriations provided in this

6 Act: Provided, That such transferred balances are used for

7 the same purpose, and for the same periods of time, for

8 which they were originally appropriated.

9 SEC. 502. No part of any appropriation contained in

10 this Act shall remain available for obligation beyond the

11 current fiscal year unless expressly so provided herein.

12 SEC. 503. (a) No part of any appropriation contained

13 in this Act shall be used, other than for normal and recog14 nized executive-legislative relationships, for publicity or

15 propaganda purposes, for the preparation, distribution, or

16 use of any kit, pamphlet, booklet, publication, radio, tele17 vision, or video presentation designed to support or defeat

18 legislation pending before the Congress or any State legisla19 ture, except in presentation to the Congress or any State

20 legislature itself.

21 (b) No part of any appropriation contained in this

22 Act shall be used to pay the salary or expenses of any grant

23 or contract recipient, or agent acting for such recipient, re24 lated to any activity designed to influence legislation or ap-
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1 propriations pending before the Congress or any State legis2 lature.

3 SEC. 504. The Secretaries of Labor and Education are

4 authorized to make available not to exceed $28,000 and

5 $20,000, respectively, from funds available for salaries and

6 expenses under titles I and III, respectively, for official re7 ception and representation expenses; the Director of the

8 Federal Mediation and Conciliation Service is authorized

9 to make available for official reception and representation

10 expenses not to exceed $5,000 from the funds available for

11 ‘‘Salaries and expenses, Federal Mediation and Concilia12 tion Service’’; and the Chairman of the National Mediation

13 Board is authorized to make available for official reception

14 and representation expenses not to exceed $5,000 from funds

15 available for ‘‘Salaries and expenses, National Mediation

16 Board’’.

17 SEC. 505. Notwithstanding any other provision of this

18 Act, no funds appropriated in this Act shall be used to

19 carry out any program of distributing sterile needles or sy20 ringes for the hypodermic injection of any illegal drug.

21 SEC. 506. When issuing statements, press releases, re22 quests for proposals, bid solicitations and other documents

23 describing projects or programs funded in whole or in part

24 with Federal money, all grantees receiving Federal funds

25 included in this Act, including but not limited to State and
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1 local governments and recipients of Federal research grants,

2 shall clearly state—

3 (1) the percentage of the total costs of the pro4 gram or project which will be financed with Federal

5 money;

6 (2) the dollar amount of Federal funds for the

7 project or program; and

8 (3) percentage and dollar amount of the total

9 costs of the project or program that will be financed

10 by non-governmental sources.

11 SEC. 507. (a) None of the funds appropriated in this

12 Act, and none of the funds in any trust fund to which funds

13 are appropriated in this Act, shall be expended for any

14 abortion.

15 (b) None of the funds appropriated in this Act, and

16 none of the funds in any trust fund to which funds are

17 appropriated in this Act, shall be expended for health bene18 fits coverage that includes coverage of abortion.

19 (c) The term ‘‘health benefits coverage’’ means the

20 package of services covered by a managed care provider or

21 organization pursuant to a contract or other arrangement.

22 SEC. 508. (a) The limitations established in the pre23 ceding section shall not apply to an abortion—

24 (1) if the pregnancy is the result of an act of

25 rape or incest; or
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1 (2) in the case where a woman suffers from a

2 physical disorder, physical injury, or physical illness,

3 including a life-endangering physical condition

4 caused by or arising from the pregnancy itself, that

5 would, as certified by a physician, place the woman

6 in danger of death unless an abortion is performed.

7 (b) Nothing in the preceding section shall be construed

8 as prohibiting the expenditure by a State, locality, entity,

9 or private person of State, local, or private funds (other

10 than a State’s or locality’s contribution of Medicaid match11 ing funds).

12 (c) Nothing in the preceding section shall be construed

13 as restricting the ability of any managed care provider

14 from offering abortion coverage or the ability of a State or

15 locality to contract separately with such a provider for such

16 coverage with State funds (other than a State’s or locality’s

17 contribution of Medicaid matching funds).

18 (d)(1) None of the funds appropriated in this Act may

19 be made available to a Federal agency or program, or to

20 a State or local government, if such agency, program, or

21 government requires any health care professional to provide,

22 assist in the performance of, or train others to perform

23 abortions, in violation of that individual’s religious beliefs

24 or moral convictions.
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1 (2) None of the funds appropriated in this Act shall

2 be used by a Federal agency or program, or by a State or

3 local government to require any hospital to perform or as4 sist in the performance of an abortion, to train for, or to

5 make its facilities available for the performance of an abor6 tion, in violation of that institution’s religious beliefs or

7 moral convictions.

8 (3) Nothing in this section shall be construed to pre9 empt or overrule any provision of Title X, Medicaid, or

10 Emergency Medical Treatment and Active Labor Act

11 (EMTALA) statutes or any regulation issued thereunder

12 which requires discussing or providing all medically appro13 priate information, services, or referring for services.

14 SEC. 509. (a) None of the funds made available in this

15 Act may be used for—

16 (1) the creation of a human embryo or embryos

17 for research purposes; or

18 (2) research in which a human embryo or em19 bryos are destroyed, discarded, or knowingly subjected

20 to risk of injury or death greater than that allowed

21 for research on fetuses in utero under 45 CFR

22 46.208(a)(2) and section 498(b) of the Public Health

23 Service Act (42 U.S.C. 289g(b)).

24 (b) For purposes of this section, the term ‘‘human em25 bryo or embryos’’ includes any organism, not protected as
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1 a human subject under 45 CFR 46 as of the date of the

2 enactment of this Act, that is derived by fertilization, par3 thenogenesis, cloning, or any other means from one or more

4 human gametes or human diploid cells.

5 SEC. 510. (a) None of the funds made available in this

6 Act may be used for any activity that promotes the legaliza7 tion of any drug or other substance included in schedule

8 I of the schedules of controlled substances established by sec9 tion 202 of the Controlled Substances Act (21 U.S.C. 812).

10 (b) The limitation in subsection (a) shall not apply

11 when there is significant medical evidence of a therapeutic

12 advantage to the use of such drug or other substance or that

13 federally sponsored clinical trials are being conducted to de14 termine therapeutic advantage.

15 SEC. 511. None of the funds made available in this

16 Act may be obligated or expended to enter into or renew

17 a contract with an entity if—

18 (1) such entity is otherwise a contractor with the

19 United States and is subject to the requirement in

20 section 4212(d) of title 38, United States Code, re21 garding submission of an annual report to the Sec22 retary of Labor concerning employment of certain vet23 erans; and
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1 (2) such entity has not submitted a report as re2 quired by that section for the most recent year for

3 which such requirement was applicable to such entity.

4 SEC. 512. None of the funds made available in this

5 Act may be used to promulgate or adopt any final standard

6 under section 1173(b) of the Social Security Act (42 U.S.C.

7 1320d–2(b)) providing for, or providing for the assignment

8 of, a unique health identifier for an individual (except in

9 an individual’s capacity as an employer or a health care

10 provider), until legislation is enacted specifically approving

11 the standard.

12 SEC. 513. None of the funds made available in this

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government, except pur15 suant to a transfer made by, or transfer authority provided

16 in, this Act or any other appropriation Act.

17 SEC. 514. None of the funds appropriated in this Act

18 may be used to enter into an arrangement under section

19 7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C.

20 231f(b)(4)) with a nongovernmental financial institution to

21 serve as disbursing agent for benefits payable under the

22 Railroad Retirement Act of 1974.

23 SEC. 515. (a) None of the funds provided in this Act,

24 or provided under previous appropriations Acts to the agen25 cies funded by this Act that remain available for obligation
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1 or expenditure in fiscal year 2006, or provided from any

2 accounts in the Treasury of the United States derived by

3 the collection of fees available to the agencies funded by this

4 Act, shall be available for obligation or expenditure through

5 a reprogramming of funds that—

6 (1) creates new programs;

7 (2) eliminates a program, project, or activity;

8 (3) increases funds or personnel by any means

9 for any project or activity for which funds have been

10 denied or restricted;

11 (4) relocates an office or employees;

12 (5) reorganizes or renames offices;

13 (6) reorganizes programs or activities; or

14 (7) contracts out or privatizes any functions or

15 activities presently performed by Federal employees.

16 None of the funds made available by this Act may be

17 reprogrammed unless the Appropriations Committees of

18 both Houses of Congress are notified 15 days in advance

19 of a reprogramming or announcement of intent to repro20 gram funds, whichever occurs earlier.

21 (b) None of the funds provided in this Act, or provided

22 under previous appropriations Acts to the agencies funded

23 by this Act that remain available for obligation or expendi24 ture in fiscal year 2006, or provided from any accounts

25 in the Treasury of the United States derived by the collec-
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1 tion of fees available to the agencies funded by this Act,

2 shall be available for obligation or expenditure through a

3 reprogramming of funds in excess of $500,000 or 10 percent,

4 whichever is less, that—

5 (1) augments existing programs, projects (in6 cluding construction projects), or activities;

7 (2) reduces by 10 percent funding for any exist8 ing program, project, or activity, or numbers of per9 sonnel by 10 percent as approved by Congress; or

10 (3) results from any general savings from a re11 duction in personnel which would result in a change

12 in existing programs, activities, or projects as ap13 proved by Congress; unless the Appropriations Com14 mittees of both Houses of Congress are notified 15

15 days in advance of a reprogramming or announce16 ment of intent to reprogram funds, whichever occurs

17 earlier.

18 SEC. 516. None of the funds made available in this

19 Act may be used to reimburse, or provide reimbursement

20 for drugs approved to treat erectile dysfunction.

21 SEC. 517. Any limitation, directive, or earmarking

22 contained in either the House of Representatives or Senate

23 report accompanying H.R. 3010 shall also be included in

24 the conference report or joint statement accompanying H.R.
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1 3010 in order to be considered as having been approved by

2 both Houses of Congress.

3 SEC. 518. (a) This section may be cited as the ‘‘Diver4 sity Visa Fairness Act of 2005’’.

5 (b)(1) Section 204(a)(1)(I)(ii) of the Immigration and

6 Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)) is amended by

7 striking subclause (II) and inserting the following:

8 ‘‘(II) An alien who qualifies, through random selection,

9 for a visa under section 203(c) or adjustment of status

10 under section 245(a) shall remain eligible to receive such

11 visa or adjustment of status beyond the end of the specific

12 fiscal year for which the alien was selected if the alien—

13 ‘‘(aa) properly applied for such visa or adjust14 ment of status during the fiscal year for which the

15 alien was selected; and

16 ‘‘(bb) was notified by the Secretary of State,

17 through the publication of the Visa Bulletin, that the

18 application was authorized.’’.

19 (2)(A) Notwithstanding any other provision of law, a

20 visa shall be available for an alien under section 203(c)

21 of the Immigration and Nationality Act (8 U.S.C. 1153(c))

22 if—

23 (i) such alien was eligible for and properly ap24 plied for an adjustment of status under section 245
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1 of such Act (8 U.S.C. 1255) during any of the fiscal

2 years 1998 through 2005;

3 (ii) the application submitted by such alien was

4 denied because personnel of the Department of Home5 land Security or the Immigration and Naturalization

6 Service failed to adjudicate such application during

7 the fiscal year in which such application was filed;

8 (iii) such alien moves to reopen such adjustment

9 of status applications pursuant to procedures or in10 structions provided by the Secretary of Homeland Se11 curity or the Secretary of State; and

12 (iv) such alien has continuously resided in the

13 United States since the date of submitting such appli14 cation.

15 (B) A visa made available under subparagraph (A)

16 may not be counted toward the numerical maximum for

17 the worldwide level of set out in section 201(e) of the Immi18 gration and Nationality Act (8 U.S.C. 1151(e)).

19 (3) The amendment made by paragraph (1) shall take

20 effect on October 1, 2005.

21 SEC. 519. (a) Section 316 of the Immigration and Na22 tionality Act (8 U.S.C. 1427), is amended by adding at

23 the end the following:
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1 ‘‘(g)(1) The continuous residency requirement under

2 subsection (a) may be reduced to 3 years for an applicant

3 for naturalization if—

4 ‘‘(A) the applicant is the beneficiary of an ap5 proved petition for classification under section

6 204(a)(1)(E);

7 ‘‘(B) the applicant has been approved for adjust8 ment of status under section 245(a); and

9 ‘‘(C) such reduction is necessary for the appli10 cant to represent the United States at an inter11 national event.

12 ‘‘(2) The Secretary of Homeland Security shall adju13 dicate an application for naturalization under this section

14 not later than 30 days after the submission of such applica15 tion if the applicant—

16 ‘‘(A) requests such expedited adjudication in

17 order to represent the United States at an inter18 national event; and

19 ‘‘(B) demonstrates that such expedited adjudica20 tion is related to such representation.

21 ‘‘(3) An applicant is ineligible for expedited adjudica22 tion under paragraph (2) if the Secretary of Homeland Se23 curity determines that such expedited adjudication poses a

24 risk to national security. Such a determination by the Sec25 retary shall not be subject to review.
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1 ‘‘(4)(A) In addition to any other fee authorized by law,

2 the Secretary of Homeland Security shall charge and collect

3 a $1,000 premium processing fee from each applicant de4 scribed in this subsection to offset the additional costs in5 curred to expedite the processing of applications under this

6 subsection.

7 ‘‘(B) The fee collected under subparagraph (A) shall

8 be deposited as offsetting collections in the Immigration Ex9 aminations Fee Account.’’.

10 (b) The amendment made by subsection (a) is repealed

11 on January 1, 2006.

12 SEC. 520. Notwithstanding any other provision of law,

13 not later than 60 days after the date of enactment of this

14 Act, MidAmerica St. Louis Airport in Mascoutah, Illinois,

15 shall be designated as a port of entry.

16 SEC. 521. (a) None of the funds made available in this

17 Act may be used to request that a candidate for appoint18 ment to a Federal scientific advisory committee disclose the

19 political affiliation or voting history of the candidate or

20 the position that the candidate holds with respect to polit21 ical issues not directly related to and necessary for the work

22 of the committee involved.

23 (b) None of the funds made available in this Act may

24 be used to disseminate scientific information that is delib25 erately false or misleading.
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1 SEC. 522. DEPARTMENT OF HEALTH AND HUMAN

2 SERVICES AND DEPARTMENT OF EDUCATION RISK ASSESS3 MENT.—(a) ESTIMATE.—The Secretary of Health and

4 Human Services and the Secretary of Education shall esti5 mate improper payments pursuant to section 2 of the Im6 proper Payments Information Act of 2002 (31 U.S.C. 3321

7 note, Public Law 107–300) under—

8 (1) in the case of the Secretary of Health and

9 Human Services, the Temporary Assistance for Needy

10 Families Program under part A of title IV of the So11 cial Security Act (42 U.S.C. 601 et seq.), the Foster

12 Care and Adoption Assistance Program under part E

13 of title IV of such Act (42 U.S.C. 670 et seq.), the

14 Medicaid program under title XIX of such Act (42

15 U.S.C. 1396 et seq.), the State Children’s Health In16 surance Program under title XXI of such Act (42

17 U.S.C. 1397aa et seq.), and the Child Care and Devel18 opment Block Grant Act of 1990 (42 U.S.C. 9858 et

19 seq.); and

20 (2) in the case of the Secretary of Education,

21 title I of the Elementary and Secondary Education

22 Act of 1965 (20 U.S.C. 6301 et seq.).

23 (b) REPORT.—Not later than 60 days after the date

24 of enactment of this Act, the Secretary of Health and

25 Human Services, in the case of the programs specified in
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1 subsection (a)(1), and the Secretary of Education, in the

2 case of the program specified in subsection (a)(2), shall re3 port to Congress on the specific actions taken under each

4 such program to comply with section 2 of the Improper

5 Payments Information Act of 2002, including a schedule

6 for full compliance with such Act within fiscal year 2006.

7 SEC. 523. (a) Congress makes the following findings:

8 (1) The American Jobs Creation Act of 2004 per9 mitted the outsourcing or privatization by the Inter10 nal Revenue Service of collection of unpaid and past

11 due federal income taxes.

12 (2) The Internal Revenue Service is about to

13 issue to private-sector debt collection companies tax

14 collection contracts that will create up to 4,000 well

15 paying private-sector jobs.

16 (3) If the same tax collection activities were con17 ducted by Federal employees, Federal law would give

18 preferences in employment to disabled veterans in fill19 ing those federal jobs.

20 (4) By enacting legislation to improve the Inter21 nal Revenue Service’s tax collection efforts and

22 outsourcing or privatizing those efforts, Congress did

23 not intend to curtail the Nation’s long-standing com24 mitment to creating meaningful job opportunities for
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1 disabled veterans and other persons with severe dis2 abilities.

3 (5) The contracts the Internal Revenue Service

4 will execute with private-sector debt collection compa5 nies provide a unique opportunity for the Federal

6 government to stimulate the creation of well paying

7 jobs for disabled veterans and other persons with dis8 abilities.

9 (b) It is the sense of the Senate that—

10 (1) the Secretary of the Treasury should, to the

11 maximum extent practicable, ensure that existing

12 Federal employment preferences for disabled veterans

13 and Federal policies promoting opportunities for

14 other disabled persons are carried forward as a part

15 of any tax collection contract program carried out

16 under section 6306 of the Internal Revenue Code of

17 1986, as added by the American Jobs Creation Act of

18 2004, and

19 (2) the criteria applied by the Internal Revenue

20 Service in awarding contracts to private-sector tax

21 collection companies under such program should in22 corporate a preference for companies hiring disabled

23 veterans and other disabled persons.
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1 This Act may be cited as the ‘‘Departments of Labor,

2 Health and Human Services, and Education, and Related

3 Agencies Appropriations Act, 2006’’.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 3010

AMENDMENT