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109TH CONGRESS 

1ST SESSION H. R. 3010 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 27, 2005 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2006, and 

for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 

6 Education, and Related Agencies for the fiscal year ending 

7 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 AND EMPLOYMENT SERVICES

4 (INCLUDING RESCISSIONS)

5 For necessary expenses of the Workforce Investment 

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

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

8 buildings and other facilities, and the purchase of real 

9 property for training centers as authorized by such Act; 

10 $2,658,792,000 (increased by $58,000,000) plus reim11 bursements, of which $1,708,792,000 is available for obli12 gation for the period July 1, 2006, through June 30, 

13 2007; except that amounts determined by the Secretary 

14 of Labor to be necessary pursuant to sections 

15 173(a)(4)(A) and 174(c) of such Act shall be available 

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

17 $950,000,000 is available for obligation for the period 

18 April 1, 2006, through June 30, 2007, to carry out chap19 ter 4 of such Act: Provided, That notwithstanding any 

20 other provision of law, of the funds provided herein under 

21 section 137(c) of such Act of 1998, $212,000,000 shall 

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

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

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

25 That $125,000,000 shall be available for Community- 
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1 Based Job Training Grants: Provided further, That 

2 $7,936,000 shall be for carrying out section 172 of such 

3 Act: Provided further, That, notwithstanding any other 

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

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

6 $71,213,000 for formula grants, $4,546,000 for migrant 

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

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

9 discretionary purposes: Provided further, That notwith10 standing the transfer limitation under section 133(b)(4) 

11 of such Act, up to 30 percent of such funds may be trans12 ferred by a local board if approved by the Governor: Pro13 vided further, That funds provided to carry out section 

14 171(d) of such Act may be used for demonstration 

15 projects that provide assistance to new entrants in the 

16 workforce and incumbent workers: Provided further, That 

17 no funds from any other appropriation shall be used to 

18 provide meal services at or for Job Corps centers. 

19 For necessary expenses of the Workforce Investment 

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

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

22 buildings and other facilities, and the purchase of real 

23 property for training centers as authorized by the Act; 

24 $2,463,000,000 plus reimbursements, of which 

25 $2,363,000,000 is available for obligation for the period 
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1 October 1, 2006, through June 30, 2007, and of which 

2 $100,000,000 is available for the period October 1, 2006, 

3 through June 30, 2009, for necessary expenses of con4 struction, rehabilitation, and acquisition of Job Corps cen5 ters. 

6 Of the funds provided under this heading in division 

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

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

9 is rescinded. 

10 Of the funds provided under this heading in division 

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

12 Of the funds provided under this heading in division 

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

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

15 The Secretary of Labor shall take no action to 

16 amend, through regulatory or administration action, the 

17 definition established in 20 CFR 667.220 for functions 

18 and activities under title I of the Workforce Investment 

19 Act of 1998 until such time as legislation reauthorizing 

20 the Act is enacted. 

21 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

22 AMERICANS

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

24 1965, as amended, $436,678,000. 
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1 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

2 For payments during the current fiscal year of trade 

3 adjustment benefit payments and allowances under part 

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

5 search and relocation, and related State administrative ex6 penses under part II of chapter 2, title II of the Trade 

7 Act of 1974 (including the benefits and services described 

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

9 Adjustment Assistance Reform Act of 2002, Public Law 

10 107–210), $966,400,000, together with such amounts as 

11 may be necessary to be charged to the subsequent appro12 priation for payments for any period subsequent to Sep13 tember 15 of the current year. 

14 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

15 SERVICE OPERATIONS

16 For authorized administrative expenses, 

17 $130,985,000, together with not to exceed 

18 $3,299,381,000 (including not to exceed $1,228,000 

19 which may be used for amortization payments to States 

20 which had independent retirement plans in their State em21 ployment service agencies prior to 1980 and including 

22 $10,000,000 which may be used to conduct in-person re23 employment and eligibility assessments of unemployment 

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

25 may be expended from the Employment Security Adminis-
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1 tration Account in the Unemployment Trust Fund includ2 ing the cost of administering section 51 of the Internal 

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

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

5 as amended, the Immigration Act of 1990, and the Immi6 gration and Nationality Act, as amended, and of which 

7 the sums available in the allocation for activities author8 ized by title III of the Social Security Act, as amended 

9 (42 U.S.C. 502–504), and the sums available in the alloca10 tion for necessary administrative expenses for carrying out 

11 5 U.S.C. 8501–8523, shall be available for obligation by 

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

13 used for automation acquisitions shall be available for obli14 gation by the States through September 30, 2008; of 

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

16 $672,700,000 of the amount which may be expended from 

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

18 period July 1, 2006, through June 30, 2007, to fund ac19 tivities under the Act of June 6, 1933, as amended, in20 cluding the cost of penalty mail authorized under 39 

21 U.S.C. 3202(a)(1)(E) made available to States in lieu of 

22 allotments for such purpose: Provided, That to the extent 

23 that the Average Weekly Insured Unemployment (AWIU) 

24 for fiscal year 2006 is projected by the Department of 

25 Labor to exceed 2,984,000, an additional $28,600,000 
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1 shall be available for obligation for every 100,000 increase 

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

3 increment less than 100,000) from the Employment Secu4 rity Administration Account of the Unemployment Trust 

5 Fund: Provided further, That funds appropriated in this 

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

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

8 activities of the Federal-State unemployment insurance or 

9 immigration programs, may be obligated in contracts, 

10 grants or agreements with non-State entities: Provided 

11 further, That funds appropriated under this Act for activi12 ties authorized under the Wagner-Peyser Act, as amended, 

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

14 the States to fund integrated Employment Service and 

15 Unemployment Insurance automation efforts, notwith16 standing cost allocation principles prescribed under Office 

17 of Management and Budget Circular A–87. 

18 In addition to amounts made available above, and 

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

20 conduct in-person reemployment and eligibility assess21 ments of unemployment insurance beneficiaries in one22 stop career centers, and $30,000,000 to prevent and de23 tect fraudulent unemployment benefits claims filed using 

24 personal information stolen from unsuspecting workers: 

25 Provided, That not later than 180 days following the end 
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1 of fiscal year 2006, the Secretary shall provide a report 

2 to the Congress which includes: 

3 (1) the amount spent for in-person reemploy4 ment and eligibility assessments of UI beneficiaries 

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

6 available and expended to prevent and detect fraudu7 lent claims for unemployment benefits filed using 

8 workers’ stolen personal information; 

9 (2) the number of scheduled in-person reem10 ployment and eligibility assessments, the number of 

11 individuals who failed to appear for scheduled as12 sessments, actions taken as a result of individuals 

13 not appearing for an assessment (e.g., benefits ter14 minated), results of assessments (e.g., referred to re15 employment services, found in compliance with pro16 gram requirements), estimated savings resulting 

17 from cessation of benefits, and estimated savings as 

18 a result of accelerated reemployment; and 

19 (3) the estimated number of UI benefit claims 

20 filed using stolen identification that are discovered 

21 at the time of initial filing, with an estimate of the 

22 resulting savings; and the estimated number of ID 

23 theft-related continued claims stopped, with an esti24 mate of the amount paid on such fraudulent claims 
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1 and an estimate of the resulting savings from their 

2 termination. 

3 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

4 OTHER FUNDS

5 For repayable advances to the Unemployment Trust 

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

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

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

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

10 for nonrepayable advances to the Unemployment Trust 

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

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

13 and allowances’’ account, to remain available until Sep14 tember 30, 2007, $465,000,000. 

15 In addition, for making repayable advances to the 

16 Black Lung Disability Trust Fund in the current fiscal 

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

18 Black Lung Disability Trust Fund in the current fiscal 

19 year, such sums as may be necessary. 

20 PROGRAM ADMINISTRATION

21 For expenses of administering employment and train22 ing programs, $118,123,000, together with not to exceed 

23 $87,988,000, which may be expended from the Employ24 ment Security Administration Account in the Unemploy25 ment Trust Fund: Provided, That not to exceed 
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1 $3,000,000 shall be available for contracts that are not 

2 competitively bid. 

3 WORKERS COMPENSATION PROGRAMS

4 (RESCISSION)

5 Of the funds provided under this heading in the 

6 Emergency Supplemental Act, 2002 (Public Law 107– 

7 117, division B), $120,000,000 is rescinded. 

8 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Employee Benefits 

11 Security Administration, $137,000,000. 

12 PENSION BENEFIT GUARANTY CORPORATION

13 PENSION BENEFIT GUARANTY CORPORATION FUND

14 The Pension Benefit Guaranty Corporation is author15 ized to make such expenditures, including financial assist16 ance authorized by section 104 of Public Law 96–364, 

17 within limits of funds and borrowing authority available 

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

19 such contracts and commitments without regard to fiscal 

20 year limitations as provided by section 104 of the Govern21 ment Corporation Control Act, as amended (31 U.S.C. 

22 9104), as may be necessary in carrying out the program, 

23 including associated administrative expenses, through 

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

25 none of the funds available to the Corporation for fiscal 
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1 year 2006 shall be available for obligations for administra2 tive expenses in excess of $296,977,728: Provided further, 

3 That obligations in excess of such amount may be incurred 

4 after approval by the Office of Management and Budget 

5 and the Committees on Appropriations of the House and 

6 Senate. 

7 EMPLOYMENT STANDARDS ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Employment Stand10 ards Administration, including reimbursement to State, 

11 Federal, and local agencies and their employees for inspec12 tion services rendered, $414,284,000, together with 

13 $2,048,000 which may be expended from the Special Fund 

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

15 Longshore and Harbor Workers’ Compensation Act: Pro16 vided, That the Secretary of Labor is authorized to estab17 lish and, in accordance with 31 U.S.C. 3302, collect and 

18 deposit in the Treasury fees for processing applications 

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

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

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

22 and issuing registrations under title I of the Migrant and 

23 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

24 1801 et seq.). 
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1 SPECIAL BENEFITS

2 (INCLUDING TRANSFER OF FUNDS)

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

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

6 chapter 81 of the United States Code; continuation of ben7 efits as provided for under the heading ‘‘Civilian War Ben8 efits’’ in the Federal Security Agency Appropriation Act, 

9 1947; the Employees’ Compensation Commission Appro10 priation Act, 1944; sections 4(c) and 5(f) of the War 

11 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per12 cent of the additional compensation and benefits required 

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

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

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

16 the subsequent year appropriation for the payment of 

17 compensation and other benefits for any period subse18 quent to August 15 of the current year: Provided, That 

19 amounts appropriated may be used under section 8104 of 

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

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

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

23 disabled beneficiary: Provided further, That balances of re24 imbursements unobligated on September 30, 2005, shall 

25 remain available until expended for the payment of com-
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1 pensation, benefits, and expenses: Provided further, That 

2 in addition there shall be transferred to this appropriation 

3 from the Postal Service and from any other corporation 

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

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

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

7 determines to be the cost of administration for employees 

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

9 Provided further, That of those funds transferred to this 

10 account from the fair share entities to pay the cost of ad11 ministration of the Federal Employees’ Compensation Act, 

12 $45,001,000 shall be made available to the Secretary as 

13 follows: 

14 (1) for enhancement and maintenance of auto15 mated data processing systems and telecommuni16 cations systems, $13,305,000; 

17 (2) for automated workload processing oper18 ations, including document imaging, centralized mail 

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

20 (3) for periodic roll management and medical 

21 review, $13,242,000; and 

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

23 Treasury as miscellaneous receipts: 

24 Provided further, That the Secretary may require that any 

25 person filing a notice of injury or a claim for benefits 
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1 under chapter 81 of title 5, United States Code, or 33 

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

3 claim, such identifying information (including Social Secu4 rity account number) as such regulations may prescribe. 

5 SPECIAL BENEFITS FOR DISABLED COAL MINERS

6 For carrying out title IV of the Federal Mine Safety 

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

8 275, (the ‘‘Act’’), $232,250,000, to remain available until 

9 expended. 

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

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

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

13 as may be necessary. 

14 For making benefit payments under title IV for the 

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

16 available until expended. 

17 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

18 OCCUPATIONAL ILLNESS COMPENSATION FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses to administer the Energy 

21 Employees Occupational Illness Compensation Act, 

22 $96,081,000, to remain available until expended: Pro23 vided, That the Secretary of Labor is authorized to trans24 fer to any executive agency with authority under the En25 ergy Employees Occupational Illness Compensation Act, 

26 including within the Department of Labor, such sums as 
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1 may be necessary in fiscal year 2006 to carry out those 

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

4 Act provide as part of such claim, such identifying infor5 mation (including Social Security account number) as may 

6 be prescribed. 

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 ben12 efits authorized by section 9501(d) (1), (2), (4), and (7) 

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

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

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

16 available from the Fund for fiscal year 2006 for expenses 

17 of operation and administration of the Black Lung Bene18 fits program, as authorized by section 9501(d)(5): 

19 $33,050,000 for transfer to the Employment Standards 

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

21 transfer to Departmental Management, ‘‘Salaries and Ex22 penses’’; $344,000 for transfer to Departmental Manage23 ment, ‘‘Office of Inspector General’’; and $356,000 for 

24 payments into miscellaneous receipts for the expenses of 

25 the Department of the Treasury. 
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1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Occupational Safety 

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

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

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

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

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

9 of State occupational safety and health programs required 

10 to be incurred under plans approved by the Secretary 

11 under section 18 of the Act; and, in addition, notwith12 standing 31 U.S.C. 3302, the Occupational Safety and 

13 Health Administration may retain up to $750,000 per fis14 cal year of training institute course tuition fees, otherwise 

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

16 sums for occupational safety and health training and edu17 cation grants: Provided, That, notwithstanding 31 U.S.C. 

18 3302, the Secretary of Labor is authorized, during the fis19 cal year ending September 30, 2006, to collect and retain 

20 fees for services provided to Nationally Recognized Test21 ing Laboratories, and may utilize such sums, in accord22 ance with the provisions of 29 U.S.C. 9a, to administer 

23 national and international laboratory recognition pro24 grams that ensure the safety of equipment and products 

25 used by workers in the workplace: Provided further, That 
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1 none of the funds appropriated under this paragraph shall 

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

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

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

5 in a farming operation which does not maintain a tem6 porary labor camp and employs 10 or fewer employees: 

7 Provided further, That no funds appropriated under this 

8 paragraph shall be obligated or expended to administer or 

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

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

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

12 Restricted, or Transferred (DART) occupational injury 

13 and illness rate, at the most precise industrial classifica14 tion code for which such data are published, less than the 

15 national average rate as such rates are most recently pub16 lished by the Secretary, acting through the Bureau of 

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

18 (29 U.S.C. 673), except— 

19 (1) to provide, as authorized by such Act, con20 sultation, technical assistance, educational and train21 ing services, and to conduct surveys and studies; 

22 (2) to conduct an inspection or investigation in 

23 response to an employee complaint, to issue a cita24 tion for violations found during such inspection, and 

25 to assess a penalty for violations which are not cor-
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1 rected within a reasonable abatement period and for 

2 any 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, 

11 and to take any action pursuant to such investiga12 tion authorized 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 

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

18 which does not maintain a temporary labor camp and em19 ploys 10 or fewer employees: Provided further, That not 

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

21 the Institutional Competency Building training grants 

22 which commenced in September 2000, for program activi23 ties for the period of September 30, 2006, to September 

24 30, 2007, provided that a grantee has demonstrated satis25 factory performance: Provided further, That none of the 
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1 funds appropriated under this paragraph shall be obli2 gated or expended to administer or enforce the provisions 

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

4 Protection Standard) to the extent that such provisions 

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

6 of respirators for occupational exposure to tuberculosis. 

7 MINE SAFETY AND HEALTH ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Mine Safety and 

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

11 and bestowal of certificates and trophies in connection 

12 with mine rescue and first-aid work, and the hire of pas13 senger motor vehicles, including up to $2,000,000 for 

14 mine rescue and recovery activities; in addition, not to ex15 ceed $750,000 may be collected by the National Mine 

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

17 the sale of training materials, otherwise authorized by law 

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

19 education and training activities, notwithstanding 31 

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

21 Administration may retain up to $1,000,000 from fees col22 lected for the approval and certification of equipment, ma23 terials, and explosives for use in mines, and may utilize 

24 such sums for such activities; the Secretary is authorized 

25 to accept lands, buildings, equipment, and other contribu-
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1 tions from public and private sources and to prosecute 

2 projects in cooperation with other agencies, Federal, 

3 State, or private; the Mine Safety and Health Administra4 tion is authorized to promote health and safety education 

5 and training in the mining community through cooperative 

6 programs with States, industry, and safety associations; 

7 the Secretary is authorized to recognize the Joseph A. 

8 Holmes Safety Association as a principal safety associa9 tion and, notwithstanding any other provision of law, may 

10 provide funds and, with or without reimbursement, per11 sonnel, including service of Mine Safety and Health Ad12 ministration officials as officers in local chapters or in the 

13 national organization; and any funds available to the de14 partment may be used, with the approval of the Secretary, 

15 to provide for the costs of mine rescue and survival oper16 ations in the event of a major disaster. 

17 BUREAU OF LABOR STATISTICS

18 SALARIES AND EXPENSES

19 For necessary expenses for the Bureau of Labor Sta20 tistics, including advances or reimbursements to State, 

21 Federal, and local agencies and their employees for serv22 ices rendered, $464,678,000, together with not to exceed 

23 $77,845,000, which may be expended from the Employ24 ment Security Administration Account in the Unemploy25 ment Trust Fund, of which $5,000,000 may be used to 
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1 fund the mass layoff statistics program under section 15 

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

3 OFFICE OF DISABILITY EMPLOYMENT POLICY

4 SALARIES AND EXPENSES

5 For necessary expenses for the Office of Disability 

6 Employment Policy to provide leadership, develop policy 

7 and initiatives, and award grants furthering the objective 

8 of eliminating barriers to the training and employment of 

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

10 DEPARTMENTAL MANAGEMENT

11 SALARIES AND EXPENSES

12 For necessary expenses for Departmental Manage13 ment, including the hire of three sedans, $244,112,000 of 

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

15 2007, is for Frances Perkins Building Security Enhance16 ments, and $29,760,000 is for the acquisition of Depart17 mental information technology, architecture, infrastruc18 ture, equipment, software and related needs, which will be 

19 allocated by the Department’s Chief Information Officer 

20 in accordance with the Department’s capital investment 

21 management process to assure a sound investment strat22 egy; together with not to exceed $311,000, which may be 

23 expended from the Employment Security Administration 

24 Account in the Unemployment Trust Fund. 
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1 VETERANS EMPLOYMENT AND TRAINING

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

3 $5,000,000) may be derived from the Employment Secu4 rity Administration Account in the Unemployment Trust 

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

6 4211–4215, and 4321–4327, and Public Law 103–353, 

7 and which shall be available for obligation by the States 

8 through December 31, 2006, of which $1,984,000 (in9 creased by $500,000) is for the National Veterans’ Em10 ployment and Training Services Institute. To carry out 

11 the Homeless Veterans Reintegration Programs (38 

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

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

14 $3,000,000), of which $7,500,000 shall be available for 

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

16 2007. 

17 OFFICE OF INSPECTOR GENERAL

18 For salaries and expenses of the Office of Inspector 

19 General in carrying out the provisions of the Inspector 

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

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

22 from the Employment Security Administration Account in 

23 the Unemployment Trust Fund. 
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1 WORKING CAPITAL FUND

2 For the acquisition of a new core accounting system 

3 for the Department of Labor, including hardware and 

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

6 GENERAL PROVISIONS 

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

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

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

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

11 II. 

12 (TRANSFER OF FUNDS)

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

15 Emergency Deficit Control Act of 1985, as amended) 

16 which are appropriated for the current fiscal year for the 

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

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

20 Provided, That an appropriation may be increased by up 

21 to an additional 2 percent subject to approval by the 

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

24 section shall be available only to meet emergency needs 

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

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

3 at least 15 days in advance of any transfer. 

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

5 13126, none of the funds appropriated or otherwise made 

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

8 manufactured, or harvested or services rendered, whole or 

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

10 and host countries already identified by the United States 

11 Department of Labor prior to enactment of this Act. 

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

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

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

17 Workers’ Compensation Board to the New York Crime 

18 Victims Board and the New York State Insurance Fund 

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

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

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

23 Appropriations Act, 2006’’. 
25 

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1 TITLE II—DEPARTMENT OF HEALTH AND 

2 HUMAN SERVICES 

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

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

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

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

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

9 Security Act, the Health Care Quality Improvement Act 

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

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

12 of 2000, and the Poison Control Center Enhancement and 

13 Awareness Act, as amended, and for expenses necessary 

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

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

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

19 for carrying out the Medicare rural hospital flexibility 

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

21 That of the funds made available under this heading, 

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

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

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

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

2 of information under the Act sufficient to recover the full 

3 costs of operating the National Practitioner Data Bank, 

4 and shall remain available until expended to carry out that 

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

7 Abuse Data Collection Program’’, authorized by section 

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

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

10 shall remain available until expended to carry out that 

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

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

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

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

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

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

17 That of the funds made available under this heading, 

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

19 the Public Health Service Act to provide for voluntary 

20 family planning projects: Provided further, That amounts 

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

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

HR 3010 PP 

1 public support or opposition to any legislative proposal or 

2 candidate for public office: Provided further, That 

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

4 Programs authorized by section 2616 of the Public Health 

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

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

7 amounts available under section 241 of the Public Health 

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

9 XXVI of the Public Health Service Act to fund section 

10 2691 Special Projects of National Significance: Provided 

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

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

15 Act. 

16 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

17 ACCOUNT

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

23 $2,916,000. 
28 

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1 VACCINE INJURY COMPENSATION PROGRAM TRUST

2 FUND

3 For payments from the Vaccine Injury Compensation 

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

5 claims associated with vaccine-related injury or death with 

6 respect to vaccines administered after September 30, 

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

8 Health Service Act, to remain available until expended: 

9 Provided, That for necessary administrative expenses, not 

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

11 Fund to the Secretary of Health and Human Services. 

12 CENTERS FOR DISEASE CONTROL AND PREVENTION

13 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

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

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

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

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

21 and for expenses necessary to support activities related to 

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

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

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

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

3 equipment, and construction and renovation of facilities; 

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

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

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

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

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

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

13 shall be available from amounts available under section 

14 241 of the Public Health Service Act: 

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

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

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

21 applications-based research used at local public 

22 health levels; 

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

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

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

2 within the National Occupational Research Agenda: 

3 Provided further, That none of the funds made available 

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

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

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

9 equivalent employees of the Centers for Disease Control 

10 and Prevention: Provided further, That the Director may 

11 redirect the total amount made available under authority 

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

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

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

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

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

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

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

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

21 the Centers for Disease Control and Prevention, with 

22 property acquisition, including a long-term ground lease 

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

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

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

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

5 Control and Prevention or the Public Health Service, both 

6 civilian and Commissioned Officers, detailed to States, 

7 municipalities, or other organizations under authority of 

8 section 214 of the Public Health Service Act for purposes 

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

11 be included within any personnel ceiling applicable to the 

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

13 Services during the period of detail or assignment. 

14 NATIONAL INSTITUTES OF HEALTH

15 NATIONAL CANCER INSTITUTE

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

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

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

21 in Frederick, Maryland. 

22 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

HR 3010 PP 

1 and blood diseases, and blood and blood products, 

2 $2,951,270,000. 

3 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

4 RESEARCH

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

7 $393,269,000. 

8 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE

9 AND KIDNEY DISEASES

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

13 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

14 AND STROKE

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

18 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

19 DISEASES

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

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

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

25 on biological and other agents. 
33 

HR 3010 PP 

1 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

4 sciences, $1,955,170,000. 

5 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

6 DEVELOPMENT

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

9 human development, $1,277,544,000. 

10 NATIONAL EYE INSTITUTE

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

13 visual disorders, $673,491,000. 

14 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

15 SCIENCES

16 For carrying out sections 301 and 311 and title IV 

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

19 NATIONAL INSTITUTE ON AGING

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

22 $1,057,203,000. 
34 

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1 NATIONAL INSTITUTE OF ARTHRITIS AND

2 MUSCULOSKELETAL AND SKIN DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to arthritis and mus5 culoskeletal and skin diseases, $513,063,000. 

6 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

7 COMMUNICATION DISORDERS

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

10 communication disorders, $397,432,000. 

11 NATIONAL INSTITUTE OF NURSING RESEARCH

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

14 $138,729,000. 

15 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

16 ALCOHOLISM

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

19 alcoholism, $440,333,000. 

20 NATIONAL INSTITUTE ON DRUG ABUSE

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

23 $1,010,130,000. 
35 

HR 3010 PP 

1 NATIONAL INSTITUTE OF MENTAL HEALTH

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

4 $1,417,692,000. 

5 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to human genome re8 search, $490,959,000. 

9 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

10 BIOENGINEERING

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

13 and bioengineering research, $299,808,000. 

14 NATIONAL CENTER FOR RESEARCH RESOURCES

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

17 and general research support grants, $1,100,203,000: 

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

19 recipients of the general research support grants program 

20 any amount for indirect expenses in connection with such 

21 grants. 
36 

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1 NATIONAL CENTER FOR COMPLEMENTARY AND

2 ALTERNATIVE MEDICINE

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

5 alternative medicine, $122,692,000. 

6 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

7 DISPARITIES

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

10 health disparities research, $197,379,000. 

11 JOHN E. FOGARTY INTERNATIONAL CENTER

12 For carrying out the activities at the John E. 

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

14 NATIONAL LIBRARY OF MEDICINE

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

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

18 be available until expended for improvement of informa19 tion systems: Provided, That in fiscal year 2006, the Li20 brary may enter into personal services contracts for the 

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

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

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

25 amounts available under section 241 of the Public Health 
37 

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1 Service Act to carry out National Information Center on 

2 Health Services Research and Health Care Technology 

3 and related health services. 

4 OFFICE OF THE DIRECTOR

5 (INCLUDING TRANSFER OF FUNDS)

6 For carrying out the responsibilities of the Office of 

7 the Director, National Institutes of Health, $482,216,000, 

8 of which up to $10,000,000 shall be used to carry out sec9 tion 217 of this Act: Provided, That funding shall be avail10 able for the purchase of not to exceed 29 passenger motor 

11 vehicles for replacement only: Provided further, That the 

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

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

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

17 any such transfers and that the Congress is promptly noti18 fied of the transfer: Provided further, That the National 

19 Institutes of Health is authorized to collect third party 

20 payments for the cost of clinical services that are incurred 

21 in National Institutes of Health research facilities and 

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

24 all funds credited to the National Institutes of Health 

25 Management Fund shall remain available for 1 fiscal year 
38 

HR 3010 PP 

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

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

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

4 further, That in addition to the transfer authority provided 

5 above, a uniform percentage of the amounts appropriated 

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

8 Roadmap for Medical Research: Provided further, That the 

9 amount utilized under the preceding proviso shall not ex10 ceed $250,000,000 without prior notification to the Com11 mittees on Appropriations of the House of Representatives 

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

14 be in addition to amounts made available for the Roadmap 

15 for Medical Research from the Director’s Discretionary 

16 Fund and to any amounts allocated to activities related 

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

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

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

22 BUILDINGS AND FACILITIES

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

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

25 National Institutes of Health, including the acquisition of 
39 

HR 3010 PP 

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

3 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

4 ADMINISTRATION

5 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

6 For carrying out titles V and XIX of the Public 

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

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

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

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

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

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

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

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

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

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

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

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

HR 3010 PP 

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

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

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

7 on drug abuse; and 

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

9 treatment programs. 

10 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

11 HEALTHCARE RESEARCH AND QUALITY

12 For carrying out titles III and IX of the Public 

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

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

17 shall be credited to this appropriation and shall remain 

18 available until expended: Provided, That no amount shall 

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

20 Health Service Act for fiscal year 2006. 

21 CENTERS FOR MEDICARE AND MEDICAID SERVICES

22 GRANTS TO STATES FOR MEDICAID

23 For carrying out, except as otherwise provided, titles 

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

25 to remain available until expended. 
41 

HR 3010 PP 

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

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

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

5 necessary. 

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

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

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

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

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

13 quarter and approved in that or any subsequent quarter. 

14 PAYMENTS TO HEALTH CARE TRUST FUNDS

15 For payment to the Federal Hospital Insurance and 

16 the Federal Supplementary Medical Insurance Trust 

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

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

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

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

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

23 In addition, for making matching payments under 

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

HR 3010 PP 

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

2 budget estimates, such sums as may be necessary. 

3 PROGRAM MANAGEMENT

4 For carrying out, except as otherwise provided, titles 

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

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

7 the Clinical Laboratory Improvement Amendments of 

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

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

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

12 all funds collected in accordance with section 353 of the 

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

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

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

16 remain available until expended: Provided, That all funds 

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

19 Service Act shall be credited to and available for carrying 

20 out the purposes of this appropriation: Provided further, 

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

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

25 costs for the Healthcare Integrated General Ledger Ac-
43 

HR 3010 PP 

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

3 Start, Grow Smart program under which the Centers for 

4 Medicare and Medicaid Services may, directly or through 

5 grants, contracts, or cooperative agreements, produce and 

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

8 health care to expectant parents enrolled in the Medicaid 

9 program and to parents and guardians enrolled in such 

10 program with infants and children: Provided further, That 

11 the Secretary of Health and Human Services is directed 

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

14 Social Security Act and from eligible organizations with 

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

17 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

18 GUARANTEE FUND

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

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

22 guarantees under title XIII of the Public Health Service 

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

24 payment of outstanding obligations. During fiscal year 
44 

HR 3010 PP 

1 2006, no commitments for direct loans or loan guarantees 

2 shall be made. 

3 ADMINISTRATION FOR CHILDREN AND FAMILIES

4 PAYMENTS TO STATES FOR CHILD SUPPORT

5 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

6 For making payments to States or other non-Federal 

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

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

9 U.S.C. ch. 9), $2,121,643,000, to remain available until 

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

11 fiscal year 2007, $1,200,000,000, to remain available until 

12 expended. 

13 For making payments to each State for carrying out 

14 the program of Aid to Families with Dependent Children 

15 under title IV–A of the Social Security Act before the ef16 fective date of the program of Temporary Assistance for 

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

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

19 amounts available to a State with respect to expenditures 

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

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

24 section 116(b) of such Act. 
45 

HR 3010 PP 

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

2 payments to States or other non-Federal entities under 

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

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

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

7 as may be necessary. 

8 LOW-INCOME HOME ENERGY ASSISTANCE

9 For making payments under title XXVI of the Omni10 bus Budget Reconciliation Act of 1981, $1,984,799,000 

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

12 REFUGEE AND ENTRANT ASSISTANCE

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

15 and placement of unaccompanied alien children authorized 

16 by title IV of the Immigration and Nationality Act and 

17 section 501 of the Refugee Education Assistance Act of 

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

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

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

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

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

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

HR 3010 PP 

1 Nationality Act and section 462 of the Homeland Security 

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

3 costs of assistance provided and other activities to remain 

4 available through September 30, 2008. 

5 PAYMENTS TO STATES FOR THE CHILD CARE AND

6 DEVELOPMENT BLOCK GRANT

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

8 Omnibus Budget Reconciliation Act of 1981 (The Child 

9 Care and Development Block Grant Act of 1990), 

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

11 State general revenue funds for child care assistance for 

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

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

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

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

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

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

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

HR 3010 PP 

1 SOCIAL SERVICES BLOCK GRANT

2 For making grants to States pursuant to section 

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

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

6 under such subparagraph for a State to carry out State 

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

8 percent. 

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 For carrying out, except as otherwise provided, the 

11 Runaway and Homeless Youth Act, the Developmental 

12 Disabilities Assistance and Bill of Rights Act, the Head 

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

14 sections 310 and 316 of the Family Violence Prevention 

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

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

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

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

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

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

24 103–322; for making payments under the Community 

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

HR 3010 PP 

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

2 Law 105–285, and for necessary administrative expenses 

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

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

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

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

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

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

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

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

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

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

15 made for adoptions completed before September 30, 2006: 

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

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

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

21 Community Services Block Grant Act: Provided further, 

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

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

24 Provided further, That in addition to amounts provided 

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

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1 able under section 241 of the Public Health Service Act 

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

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

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

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

7 shall remain with such entity for carryover into the next 

8 fiscal year for expenditure by such entity consistent with 

9 program purposes: Provided further, That the Secretary 

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

12 assets acquired with funds authorized under section 680 

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

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

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

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

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

19 as amended, shall be available for financing construction 

20 and rehabilitation and loans or investments in private 

21 business enterprises owned by community development 

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

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

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

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

2 shall be for activities authorized by the Help America Vote 

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

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

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

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

8 making competitive grants to provide abstinence education 

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

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

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

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

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

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

21 the setting in which abstinence education was provided: 

22 Provided further, That within amounts provided herein for 

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

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

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

3 under section 241 of the Public Health Service Act to 

4 carry out evaluations (including longitudinal evaluations) 

5 of adolescent pregnancy prevention approaches: Provided 

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

7 Assistance Reporting Information System, including 

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

9 the system’s effectiveness. 

10 PROMOTING SAFE AND STABLE FAMILIES

11 For carrying out section 436 of the Social Security 

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

13 PAYMENTS TO STATES FOR FOSTER CARE AND

14 ADOPTION ASSISTANCE

15 For making payments to States or other non-Federal 

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

17 $4,852,800,000. 

18 For making payments to States or other non-Federal 

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

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

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

22 payments to States or other non-Federal entities under 

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

24 current fiscal year for unanticipated costs, incurred for the 

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

2 AGING SERVICES PROGRAMS

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

5 section 398 of the Public Health Service Act, 

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

7 activities regarding medication management, screening, 

8 and education to prevent incorrect medication and adverse 

9 drug reactions. 

10 OFFICE OF THE SECRETARY

11 GENERAL DEPARTMENTAL MANAGEMENT

12 For necessary expenses, not otherwise provided, for 

13 general departmental management, including hire of six 

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

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

17 under section 1110 of the Social Security Act 

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

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

20 Social Security Act from the Hospital Insurance Trust 

21 Fund and the Supplemental Medical Insurance Trust 

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

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

24 national health or human services research and evaluation 

25 activities: Provided, That of the funds made available 
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1 under this heading for carrying out title XX of the Public 

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

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

4 for prevention service demonstration grants under section 

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

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

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

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

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

13 MEDICARE APPEALS

14 For expenses necessary for administrative law judges 

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

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

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

20 HEALTH INFORMATION TECHNOLOGY

21 For expenses necessary for the Office of the National 

22 Coordinator for Health Information Technology, including 

23 grants, contracts and cooperative agreements for the 

24 development and advancement of an interoperable national 

25 health information technology infrastructure, $58,100,000 
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1 (reduced by $12,000,000): Provided, That in addition to 

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

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

5 health information technology network development. 

6 OFFICE OF INSPECTOR GENERAL

7 For expenses necessary for the Office of Inspector 

8 General, including the hire of passenger motor vehicles for 

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

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

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

15 OFFICE FOR CIVIL RIGHTS

16 For expenses necessary for the Office for Civil 

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

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

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

20 Hospital Insurance Trust Fund and the Supplemental 

21 Medical Insurance Trust Fund. 

22 RETIREMENT PAY AND MEDICAL BENEFITS FOR

23 COMMISSIONED OFFICERS

24 For retirement pay and medical benefits of Public 

25 Health Service Commissioned Officers as authorized by 
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1 law, for payments under the Retired Serviceman’s Family 

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

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

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

6 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

7 FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses necessary to support activities related 

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

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

15 determined necessary by the Secretary, the purchase of 

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

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

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

20 shall be transferred from amounts appropriated under the 

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

23 Health Service Act to be utilized consistent with section 

24 319F–2(c)(7)(B)(ii) of such Act. 
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1 GENERAL PROVISIONS 

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

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

4 and representation expenses when specifically approved by 

5 the Secretary. 

6 SEC. 202. The Secretary shall make available through 

7 assignment not more than 60 employees of the Public 

8 Health Service to assist in child survival activities and to 

9 work in AIDS programs through and with funds provided 

10 by the Agency for International Development, the United 

11 Nations International Children’s Emergency Fund or the 

12 World Health Organization. 

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

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

17 103–43. 

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

19 for the National Institutes of Health, the Agency for 

20 Healthcare Research and Quality, and the Substance 

21 Abuse and Mental Health Services Administration shall 

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

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

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

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

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

5 II. 

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

7 may be expended pursuant to section 241 of the Public 

8 Health Service Act, except for funds specifically provided 

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

10 by any office located in the Department of Health and 

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

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

14 uses of such funds. 

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

16 Public Health Service Act, such portion as the Secretary 

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

18 amounts appropriated for programs authorized under said 

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

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

22 (TRANSFER OF FUNDS)

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

25 Emergency Deficit Control Act of 1985, as amended) 

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

2 may be transferred between appropriations, but no such 

3 appropriation shall be increased by more than 3 percent 

4 by any such transfer: Provided, That an appropriation 

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

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

8 granted by this section shall be available only to meet 

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

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

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

12 Appropriations Committees of both Houses of Congress 

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

14 (TRANSFER OF FUNDS)

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

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

17 Research, may transfer up to 3 percent among institutes 

18 and centers from the total amounts identified by these two 

19 Directors as funding for research pertaining to the human 

20 immunodeficiency virus: Provided, That the Congress is 

21 promptly notified of the transfer. 

22 (TRANSFER OF FUNDS)

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

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

26 jointly determined by the Director of the National Insti-
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1 tutes of Health and the Director of the Office of AIDS 

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

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

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

6 Health Service Act. 

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

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

9 Public Health Service Act unless the applicant for the 

10 award certifies to the Secretary that it encourages family 

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

13 how to resist attempts to coerce minors into engaging in 

14 sexual activities. 

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

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

17 used to carry out the Medicare Advantage program if the 

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

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

22 referrals for abortions: Provided, That the Secretary shall 

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

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

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

4 Advantage organization described in this section shall be 

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

7 SEC. 213. Notwithstanding any other provision of 

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

9 Health Service Act shall be exempt from any State law 

10 requiring notification or the reporting of child abuse, child 

11 molestation, sexual abuse, rape, or incest. 

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

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

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

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

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

18 State will commit additional State funds, in accordance 

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

20 prohibiting the sale of tobacco products to individuals 

21 under 18 years of age. 

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

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

24 State’s substance abuse block grant allocation for each 

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

2 Health and Human Services under section 1926 of such 

3 Act. 

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

5 fiscal year 2006 for tobacco prevention programs and for 

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

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

9 funds for tobacco compliance activities required under 

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

12 fiscal year 2006 obligations for tobacco prevention and 

13 compliance activities by program activity by July 31, 

14 2006. 

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

17 funds required by the certification described in subsection 

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

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

20 be used to withhold substance abuse funding pursuant to 

21 section 1926 from a territory that receives less than 

22 $1,000,000. 

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

3 Health and Human Services— 

4 (1) may exercise authority equivalent to that 

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

6 the State Department Basic Authorities Act of 1956 

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

8 Human Services shall consult with the Secretary of 

9 State and relevant Chief of Mission to ensure that 

10 the authority provided in this section is exercised in 

11 a manner consistent with section 207 of the Foreign 

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

14 State, and 

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

17 may be necessary to pay the costs of acquisition, 

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

20 the Department of Health and Human Services. The 

21 Department of State shall cooperate fully with the 

22 Secretary of Health and Human Services to ensure 

23 that the Department of Health and Human Services 

24 has secure, safe, functional facilities that comply 

25 with applicable regulation governing location, set-
63 

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1 back, and other facilities requirements and serve the 

2 purposes established by this Act. The Secretary of 

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

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

7 participating foreign countries, funds to acquire, 

8 lease, alter, or renovate facilities in those countries 

9 as necessary to conduct programs of assistance for 

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

12 chronic and environmental diseases, and other health 

13 activities abroad. 

14 SEC. 216. The Division of Federal Occupational 

15 Health hereafter may utilize personal services contracting 

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

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

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

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

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

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

4 (including consultation with appropriate scientific experts) 

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

8 review and advisory council review procedures that would 

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

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

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

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

13 SEC. 218. Funds which are available for Individual 

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

16 Substances and Disease Registry may be transferred to 

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

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

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

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

23 the Health Professions Student Loan program authorized 

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

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

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

2 and Human Services Appropriations Act, 2006’’. 

3 TITLE III—DEPARTMENT OF EDUCATION 

4 EDUCATION FOR THE DISADVANTAGED

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

7 418A of the Higher Education Act of 1965, 

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

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

10 through September 30, 2007, and of which 

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

12 2006, and shall remain available through September 30, 

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

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

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

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

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

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

21 under section 1124A: Provided further, That 

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

23 under section 1125: Provided further, That 

24 $2,269,843,000 shall be available for education finance in25 centive grants under section 1125A: Provided further, 
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1 That $9,424,000 shall be available to carry out part E 

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

3 available for comprehensive school reform grants under 

4 part F of the ESEA. 

5 IMPACT AID

6 For carrying out programs of financial assistance to 

7 federally affected schools authorized by title VIII of the 

8 Elementary and Secondary Education Act of 1965, 

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

10 basic support payments under section 8003(b), 

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

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

15 for Federal property payments under section 8002, and 

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

17 for facilities maintenance under section 8008: Provided, 

18 That for purposes of computing the amount of a payment 

19 for an eligible local educational agency under section 

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

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

22 enrolled in a school of such agency that would otherwise 

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

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

25 legal guardians, or a parent or legal guardian having sole 
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1 custody of such children, or due to the death of a military 

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

3 such children reside on Federal property as described in 

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

5 section, shall be considered as eligible students under such 

6 section, provided such students remain in average daily 

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

9 SCHOOL IMPROVEMENT PROGRAMS

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

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

13 VII of the Elementary and Secondary Education Act of 

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

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

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

20 through September 30, 2007, and of which 

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

22 2006, and shall remain available through September 30, 

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

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

25 activities authorized under sections 6111 and 6112 of the 
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1 ESEA: Provided further, That $56,825,000 shall be avail2 able to carry out section 203 of the Educational Technical 

3 Assistance Act of 2002: Provided further, That 

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

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

7 to carry out the Supplemental Education Grants program 

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

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

10 by the Federated States of Micronesia and the Republic 

11 of the Marshall Islands to administer the Supplemental 

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

15 Departments of Labor, Health and Human Services, and 

16 Education for such services. 

17 INDIAN EDUCATION

18 For expenses necessary to carry out, to the extent 

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

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

21 INNOVATION AND IMPROVEMENT

22 For carrying out activities authorized by part G of 

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

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

25 Elementary and Secondary Education Act of 1965 
69 

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

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

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

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

6 to local educational agencies, including charter schools 

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

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

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

12 That such performance-based compensation systems must 

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

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

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

18 program carried out under the DC School Choice Incentive 

19 Act of 2003. 

20 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

21 For carrying out activities authorized by subpart 3 

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

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

25 of which $400,000,000, shall become available on July 1, 
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1 2006, and remain available through September 30, 2007: 

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

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

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

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

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

10 Civic Education to implement a comprehensive program 

11 to improve public knowledge, understanding, and support 

12 of the Congress and the State legislatures. 

13 ENGLISH LANGUAGE ACQUISITION

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

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

16 2006, and shall remain available through September 30, 

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

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

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

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

21 SPECIAL EDUCATION

22 For carrying out the Individuals with Disabilities 

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

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

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

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

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

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

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

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

12 REHABILITATION SERVICES AND DISABILITY RESEARCH

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

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

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

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

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

20 shall be for alternative financing programs under section 

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

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

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

3 SPECIAL INSTITUTIONS FOR PERSONS WITH

4 DISABILITIES

5 AMERICAN PRINTING HOUSE FOR THE BLIND

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

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

8 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

9 For the National Technical Institute for the Deaf 

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

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

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

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

15 the endowment program as authorized under section 207. 

16 GALLAUDET UNIVERSITY

17 For the Kendall Demonstration Elementary School, 

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

19 support of Gallaudet University under titles I and II of 

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

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

22 amount available, the University may at its discretion use 

23 funds for the endowment program as authorized under 

24 section 207. 
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1 VOCATIONAL AND ADULT EDUCATION

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

6 of the Elementary and Secondary Education Act of 1965 

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

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

9 available through September 30, 2007, and of which 

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

11 and shall remain available through September 30, 2007: 

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

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

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

18 notwithstanding section 211 of the Adult Education and 

19 Family Literacy Act, 65 percent shall be allocated to 

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

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

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

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

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

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

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

7 national leadership activities under section 243 and 

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

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

10 shall be available to support the activities authorized 

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

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

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

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

16 of applications, and program outreach activities, and of 

17 which not less than 95 percent shall become available on 

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

19 2007, for grants to local educational agencies: Provided 

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

22 related to establishing smaller learning communities in 

23 high schools. 
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1 STUDENT FINANCIAL ASSISTANCE

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

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

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

5 available through September 30, 2007. 

6 The maximum Pell Grant for which a student shall 

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

8 STUDENT AID ADMINISTRATION

9 For Federal administrative expenses (in addition to 

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

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

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

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

14 HIGHER EDUCATION

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

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

19 of 1992, the Mutual Educational and Cultural Exchange 

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

23 remain available through September 30, 2007, shall be 

24 available to fund fellowships for academic year 2007–2008 

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

2 further, That notwithstanding any other provision of law 

3 or any regulation, the Secretary of Education shall not 

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

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

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

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

11 notwithstanding any other provision of law, funds made 

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

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

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

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

18 national security and who plan to apply their language 

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

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

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

2 section 210 of such Act. 

3 HOWARD UNIVERSITY

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

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

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

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

9 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

10 PROGRAM

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

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

14 $573,000. 

15 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

16 CAPITAL FINANCING PROGRAM ACCOUNT

17 The aggregate principal amount of outstanding bonds 

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

19 Higher Education Act of 1965, shall not exceed 

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

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

22 not exceed zero. 

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

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

3 INSTITUTE OF EDUCATION SCIENCES

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

7 Act, section 208 of the Educational Technical Assistance 

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

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

11 DEPARTMENTAL MANAGEMENT

12 PROGRAM ADMINISTRATION

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

17 $418,992,000. 

18 OFFICE FOR CIVIL RIGHTS

19 For expenses necessary for the Office for Civil 

20 Rights, as authorized by section 203 of the Department 

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

22 OFFICE OF THE INSPECTOR GENERAL

23 For expenses necessary for the Office of the Inspector 

24 General, as authorized by section 212 of the Department 

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

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

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

4 the purchase of equipment for such transportation) in 

5 order to overcome racial imbalance in any school or school 

6 system, or for the transportation of students or teachers 

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

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

9 school or school system. 

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

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

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

14 requiring special education, to the school offering such 

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

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

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

19 involving the reorganization of the grade structure of 

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

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

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

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

4 (TRANSFER OF FUNDS)

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

7 Emergency Deficit Control Act of 1985, as amended) 

8 which are appropriated for the Department of Education 

9 in this Act may be transferred between appropriations, but 

10 no such appropriation shall be increased by more than 3 

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

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

15 part A of title IV of the Higher Education Act of 1965, 

16 $4,300,000,000 for the purpose of eliminating the esti17 mated accumulated shortfall of budget authority for such 

18 subpart for awards made through the award year 2005– 

19 2006, pursuant to section 303 of H. Con. Res. 95 (109th 

20 Congress), the concurrent resolution on the budget for fis21 cal year 2006. 

22 This title may be cited as the ‘‘Department of Edu23 cation Appropriations Act, 2006’’. 
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1 TITLE IV—RELATED AGENCIES 

2 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

3 BLIND OR SEVERELY DISABLED

4 SALARIES AND EXPENSES

5 For expenses necessary of the Committee for Pur6 chase From People Who Are Blind or Severely Disabled 

7 established by Public Law 92–28, $4,669,000. 

8 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

9 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

10 EXPENSES

11 For expenses necessary for the Corporation for Na12 tional and Community Service to carry out the provisions 

13 of the Domestic Volunteer Service Act of 1973, as amend14 ed, $357,962,000: Provided, That none of the funds made 

15 available to the Corporation for National and Community 

16 Service in this Act for activities authorized by section 122 

17 of part C of title I and part E of title II of the Domestic 

18 Volunteer Service Act of 1973 shall be used to provide 

19 stipends or other monetary incentives to volunteers or vol20 unteer leaders whose incomes exceed 125 percent of the 

21 national poverty level: Provided further, That notwith22 standing section 122(c) of the Act, the Corporation shall 

23 make available up to $2,000,000 under part C of title I 

24 of the Act in a grant to support Teach for America’s ef-
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1 forts to address educational inequity in low-income rural 

2 and urban communities. 

3 NATIONAL AND COMMUNITY SERVICE PROGRAMS, 

4 OPERATING EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses for the Corporation for Na7 tional and Community Service (the ‘‘Corporation’’) in car8 rying out programs, activities, and initiatives under the 

9 National and Community Service Act of 1990 (the ‘‘Act’’) 

10 (42 U.S.C. 12501 et seq.), $523,087,000 (reduced by 

11 $5,000,000), to remain available until September 30, 

12 2007: Provided, That not more than $270,000,000 (re13 duced by $2,500,000) of the amount provided under this 

14 heading shall be available for grants under the National 

15 Service Trust Program authorized under subtitle C of title 

16 I of the Act (42 U.S.C. 12571 et seq.) (relating to activi17 ties of the AmeriCorps program), including grants to orga18 nizations operating projects under the AmeriCorps Edu19 cation Awards Program (without regard to the require20 ments of sections 121 (d) and (e), section 131(e), section 

21 132, and sections 140 (a), (d), and (e) of the Act): Pro22 vided further, That not less than $146,000,000 of the 

23 amount provided under this heading, to remain available 

24 without fiscal year limitation, shall be transferred to the 

25 National Service Trust for educational awards authorized 
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1 under subtitle D of title I of the Act (42 U.S.C. 12601), 

2 of which up to $4,000,000 shall be available to support 

3 national service scholarships for high school students per4 forming community service, and of which $10,000,000 

5 shall be held in reserve as defined in Public Law 108– 

6 45: Provided further, That in addition to amounts other7 wise provided to the National Service Trust under the sec8 ond proviso, the Corporation may transfer funds from the 

9 amount provided under the first proviso, to the National 

10 Service Trust authorized under subtitle D of title I of the 

11 Act (42 U.S.C. 12601) upon determination that such 

12 transfer is necessary to support the activities of national 

13 service participants and after notice is transmitted to Con14 gress: Provided further, That of the amount provided 

15 under this heading for grants under the National Service 

16 Trust program authorized under subtitle C of title I of 

17 the Act, not more than $55,000,000 may be used to ad18 minister, reimburse, or support any national service pro19 gram authorized under section 121(d)(2) of such Act (42 

20 U.S.C. 12581(d)(2)): Provided further, That not more 

21 than $9,945,000 shall be available for quality and innova22 tion activities authorized under subtitle H of title I of the 

23 Act (42 U.S.C. 12853 et seq.), of which $4,000,000 shall 

24 be available for challenge grants to non-profit organiza25 tions: Provided further, That notwithstanding subtitle H 
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1 of title I of the Act (42 U.S.C. 12853), none of the funds 

2 provided under the previous proviso shall be used to sup3 port salaries and related expenses (including travel) attrib4 utable to Corporation employees: Provided further, That 

5 to the maximum extent feasible, funds appropriated under 

6 subtitle C of title I of the Act shall be provided in a man7 ner that is consistent with the recommendations of peer 

8 review panels in order to ensure that priority is given to 

9 programs that demonstrate quality, innovation, 

10 replicability, and sustainability: Provided further, That 

11 $25,500,000 of the funds made available under this head12 ing shall be available for the Civilian Community Corps 

13 authorized under subtitle E of title I of the Act (42 U.S.C. 

14 12611 et seq.): Provided further, That $40,000,000 (re15 duced by $2,500,000) shall be available for school-based 

16 and community-based service-learning programs author17 ized under subtitle B of title I of the Act (42 U.S.C. 12521 

18 et seq.): Provided further, That $4,000,000 shall be avail19 able for audits and other evaluations authorized under sec20 tion 179 of the Act (42 U.S.C. 12639): Provided further, 

21 That $10,000,000 of the funds made available under this 

22 heading shall be made available for the Points of Light 

23 Foundation for activities authorized under title III of the 

24 Act (42 U.S.C. 12661 et seq.), of which not more than 

25 $2,500,000 may be used to support an endowment fund, 
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1 the corpus of which shall remain intact and the interest 

2 income from which shall be used to support activities de3 scribed in title III of the Act, provided that the Founda4 tion may invest the corpus and income in federally insured 

5 bank savings accounts or comparable interest bearing ac6 counts, certificates of deposit, money market funds, mu7 tual funds, obligations of the United States, and other 

8 market instruments and securities but not in real estate 

9 investments: Provided further, That no funds shall be 

10 available for national service programs run by Federal 

11 agencies authorized under section 121(b) of such Act (42 

12 U.S.C. 12571(b)): Provided further, That $5,000,000 of 

13 the funds made available under this heading shall be made 

14 available to America’s Promise—The Alliance for Youth, 

15 Inc.: Provided further, That to the maximum extent prac16 ticable, the Corporation shall increase significantly the 

17 level of matching funds and in-kind contributions provided 

18 by the private sector, and shall reduce the total Federal 

19 costs per participant in all programs: Provided further, 

20 That notwithstanding section 501(a)(4) of the Act, of the 

21 funds provided under this heading, not more than 

22 $12,642,000 shall be made available to provide assistance 

23 to state commissions on national and community service 

24 under section 126(a) of the Act: Provided further, That 

25 the Corporation may use up to one percent of program 
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1 grant funds made available under this heading to defray 

2 its costs of conducting grant application reviews, including 

3 the use of outside peer reviewers. 

4 NATIONAL AND COMMUNITY SERVICE PROGRAMS

5 SALARIES AND EXPENSES

6 For necessary expenses of administration as provided 

7 under section 501(a)(4) of the National and Community 

8 Service Act of 1990 (42 U.S.C. 12501 et seq.) including 

9 payment of salaries, authorized travel, hire of passenger 

10 motor vehicles, the rental of conference rooms in the Dis11 trict of Columbia, the employment of experts and consult12 ants authorized under 5 U.S.C. 3109, and not to exceed 

13 $2,500 for official reception and representation expenses, 

14 $27,000,000. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General in carrying out the Inspector General Act of 1978, 

18 as amended, $6,000,000, to remain available until Sep19 tember 30, 2007. 

20 ADMINISTRATIVE PROVISIONS

21 Notwithstanding any other provision of law, the term 

22 ‘‘qualified student loan’’ with respect to national service 

23 education awards shall mean any loan determined by an 

24 institution of higher education to be necessary to cover 

25 a student’s cost of attendance at such institution and 

26 made, insured, or guaranteed directly to a student by a 
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1 State agency, in addition to other meanings under section 

2 148(b)(7) of the National and Community Service Act. 

3 Notwithstanding any other provision of law, funds 

4 made available under section 129(d)(5)(B) of the National 

5 and Community Service Act to assist entities in placing 

6 applicants who are individuals with disabilities may be 

7 provided to any entity that receives a grant under section 

8 121 of the Act. 

9 The Inspector General of the Corporation for Na10 tional and Community Service shall conduct random au11 dits of the grantees that administer activities under the 

12 AmeriCorps programs and shall levy sanctions in accord13 ance with standard Inspector General audit resolution pro14 cedures which include, but are not limited to, debarment 

15 of any grantee (or successor in interest or any entity with 

16 substantially the same person or persons in control) that 

17 has been determined to have committed any substantial 

18 violations of the requirements of the AmeriCorps pro19 grams, including any grantee that has been determined 

20 to have violated the prohibition of using Federal funds to 

21 lobby the Congress: Provided, That the Inspector General 

22 shall obtain reimbursements in the amount of any misused 

23 funds from any grantee that has been determined to have 

24 committed any substantial violations of the requirements 

25 of the AmeriCorps programs. 
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1 For fiscal year 2006, the Corporation shall make any 

2 significant changes to program requirements or policy only 

3 through public notice and comment rulemaking. For fiscal 

4 year 2006, during any grant selection process, no officer 

5 or employee of the Corporation shall knowingly disclose 

6 any covered grant selection information regarding such se7 lection, directly or indirectly, to any person other than an 

8 officer or employee of the Corporation that is authorized 

9 by the Corporation to receive such information. 

10 CORPORATION FOR PUBLIC BROADCASTING

11 (INCLUDING RESCISSION)

12 Of the amounts made available to the Corporation for 

13 Public Broadcasting for fiscal year 2006 by Public Law 

14 108–199, $100,000,000 is rescinded; up to $30,000,000 

15 is available for grants associated with the transition of 

16 public television to digital broadcasting including costs re17 lated to transmission equipment and program production, 

18 development, and distribution, to be awarded as deter19 mined by the Corporation in consultation with public tele20 vision licensees or permittees, or their designated rep21 resentatives, and up to $52,000,000 is available pursuant 

22 to section 396(k)(10) of the Communications Act of 1934, 

23 as amended, for replacement and upgrade of the public 

24 television interconnection system: Provided, That section 
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1 396(k)(3) shall apply only to amounts remaining after the 

2 allocations made herein. 

3 For payment to the Corporation for Public Broad4 casting, as authorized by the Communications Act of 

5 1934, an amount which shall be available within limita6 tions specified by that Act, for fiscal year 2008, 

7 $400,000,000: Provided, That no funds made available to 

8 the Corporation for Public Broadcasting by this Act shall 

9 be used to pay for receptions, parties, or similar forms 

10 of entertainment for Government officials or employees: 

11 Provided further, That none of the funds contained in this 

12 paragraph shall be available or used to aid or support any 

13 program or activity from which any person is excluded, 

14 or is denied benefits, or is discriminated against, on the 

15 basis of race, color, national origin, religion, or sex. 

16 FEDERAL MEDIATION AND CONCILIATION SERVICE

17 SALARIES AND EXPENSES

18 For expenses necessary for the Federal Mediation 

19 and Conciliation Service to carry out the functions vested 

20 in it by the Labor Management Relations Act, 1947 (29 

21 U.S.C. 171–180, 182–183), including hire of passenger 

22 motor vehicles; for expenses necessary for the Labor-Man23 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

24 for expenses necessary for the Service to carry out the 

25 functions vested in it by the Civil Service Reform Act, 
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1 Public Law 95–454 (5 U.S.C. ch. 71), $42,331,000: Pro2 vided, That notwithstanding 31 U.S.C. 3302, fees 

3 charged, up to full-cost recovery, for special training ac4 tivities and other conflict resolution services and technical 

5 assistance, including those provided to foreign govern6 ments and international organizations, and for arbitration 

7 services shall be credited to and merged with this account, 

8 and shall remain available until expended: Provided fur9 ther, That fees for arbitration services shall be available 

10 only for education, training, and professional development 

11 of the agency workforce: Provided further, That the Direc12 tor of the Service is authorized to accept and use on behalf 

13 of the United States gifts of services and real, personal, 

14 or other property in the aid of any projects or functions 

15 within the Director’s jurisdiction. 

16 FEDERAL MINE SAFETY AND HEALTH REVIEW

17 COMMISSION

18 SALARIES AND EXPENSES

19 For expenses necessary for the Federal Mine Safety 

20 and Health Review Commission (30 U.S.C. 801 et seq.), 

21 $7,809,000. 
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1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

3 AND ADMINISTRATION

4 For carrying out the Museum and Library Services 

5 Act of 1996, $249,640,000, to remain available until ex6 pended. 

7 MEDICARE PAYMENT ADVISORY COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary to carry out section 1805 of 

10 the Social Security Act, $10,168,000, to be transferred to 

11 this appropriation from the Federal Hospital Insurance 

12 and the Federal Supplementary Medical Insurance Trust 

13 Funds. 

14 NATIONAL COMMISSION ON LIBRARIES AND

15 INFORMATION SCIENCE

16 SALARIES AND EXPENSES

17 For necessary expenses for the National Commission 

18 on Libraries and Information Science, established by the 

19 Act of July 20, 1970 (Public Law 91–345, as amended), 

20 $993,000. 

21 NATIONAL COUNCIL ON DISABILITY

22 SALARIES AND EXPENSES

23 For expenses necessary for the National Council on 

24 Disability as authorized by title IV of the Rehabilitation 

25 Act of 1973, as amended, $2,800,000. 
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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor Rela4 tions Board to carry out the functions vested in it by the 

5 Labor-Management Relations Act, 1947, as amended (29 

6 U.S.C. 141–167), and other laws, $252,268,000: Pro7 vided, That no part of this appropriation shall be available 

8 to organize or assist in organizing agricultural laborers or 

9 used in connection with investigations, hearings, direc10 tives, or orders concerning bargaining units composed of 

11 agricultural laborers as referred to in section 2(3) of the 

12 Act of July 5, 1935 (29 U.S.C. 152), and as amended 

13 by the Labor-Management Relations Act, 1947, as amend14 ed, and as defined in section 3(f) of the Act of June 25, 

15 1938 (29 U.S.C. 203), and including in said definition em16 ployees engaged in the maintenance and operation of 

17 ditches, canals, reservoirs, and waterways when main18 tained or operated on a mutual, nonprofit basis and at 

19 least 95 percent of the water stored or supplied thereby 

20 is used for farming purposes. 

21 NATIONAL MEDIATION BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary to carry out the provisions 

24 of the Railway Labor Act, as amended (45 U.S.C. 151– 
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1 188), including emergency boards appointed by the Presi2 dent, $11,628,000. 

3 OCCUPATIONAL SAFETY AND HEALTH REVIEW

4 COMMISSION

5 SALARIES AND EXPENSES

6 For expenses necessary for the Occupational Safety 

7 and Health Review Commission (29 U.S.C. 661), 

8 $10,510,000. 

9 RAILROAD RETIREMENT BOARD

10 DUAL BENEFITS PAYMENTS ACCOUNT

11 For payment to the Dual Benefits Payments Ac12 count, authorized under section 15(d) of the Railroad Re13 tirement Act of 1974, $97,000,000, which shall include 

14 amounts becoming available in fiscal year 2006 pursuant 

15 to section 224(c)(1)(B) of Public Law 98–76; and in addi16 tion, an amount, not to exceed 2 percent of the amount 

17 provided herein, shall be available proportional to the 

18 amount by which the product of recipients and the average 

19 benefit received exceeds $97,000,000: Provided, That the 

20 total amount provided herein shall be credited in 12 ap21 proximately equal amounts on the first day of each month 

22 in the fiscal year. 
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1 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

2 ACCOUNTS

3 For payment to the accounts established in the 

4 Treasury for the payment of benefits under the Railroad 

5 Retirement Act for interest earned on unnegotiated 

6 checks, $150,000, to remain available through September 

7 30, 2007, which shall be the maximum amount available 

8 for payment pursuant to section 417 of Public Law 98– 

9 76. 

10 LIMITATION ON ADMINISTRATION

11 For necessary expenses for the Railroad Retirement 

12 Board for administration of the Railroad Retirement Act 

13 and the Railroad Unemployment Insurance Act, 

14 $102,543,000, to be derived in such amounts as deter15 mined by the Board from the railroad retirement accounts 

16 and from moneys credited to the railroad unemployment 

17 insurance administration fund. 

18 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector 

20 General for audit, investigatory and review activities, as 

21 authorized by the Inspector General Act of 1978, as 

22 amended, not more than $7,196,000, to be derived from 

23 the railroad retirement accounts and railroad unemploy24 ment insurance account: Provided, That none of the funds 

25 made available in any other paragraph of this Act may 
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1 be transferred to the Office; used to carry out any such 

2 transfer; used to provide any office space, equipment, of3 fice supplies, communications facilities or services, mainte4 nance services, or administrative services for the Office; 

5 used to pay any salary, benefit, or award for any personnel 

6 of the Office; used to pay any other operating expense of 

7 the Office; or used to reimburse the Office for any service 

8 provided, or expense incurred, by the Office. 

9 SOCIAL SECURITY ADMINISTRATION

10 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

11 For payment to the Federal Old-Age and Survivors 

12 Insurance and the Federal Disability Insurance trust 

13 funds, as provided under sections 201(m), 228(g), and 

14 1131(b)(2) of the Social Security Act, $20,470,000. 

15 SUPPLEMENTAL SECURITY INCOME PROGRAM

16 For carrying out titles XI and XVI of the Social Se17 curity Act, section 401 of Public Law 92–603, section 212 

18 of Public Law 93–66, as amended, and section 405 of 

19 Public Law 95–216, including payment to the Social Secu20 rity trust funds for administrative expenses incurred pur21 suant to section 201(g)(1) of the Social Security Act, 

22 $29,533,174,000, to remain available until expended: Pro23 vided, That any portion of the funds provided to a State 

24 in the current fiscal year and not obligated by the State 

25 during that year shall be returned to the Treasury. 
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1 For making, after June 15 of the current fiscal year, 

2 benefit payments to individuals under title XVI of the So3 cial Security Act, for unanticipated costs incurred for the 

4 current fiscal year, such sums as may be necessary. 

5 For making benefit payments under title XVI of the 

6 Social Security Act for the first quarter of fiscal year 

7 2007, $11,110,000,000, to remain available until ex8 pended. 

9 LIMITATION ON ADMINISTRATIVE EXPENSES

10 For necessary expenses, including the hire of two pas11 senger motor vehicles, and not to exceed $15,000 for offi12 cial reception and representation expenses, not more than 

13 $9,159,700,000 may be expended, as authorized by sec14 tion 201(g)(1) of the Social Security Act, from any one 

15 or all of the trust funds referred to therein: Provided, That 

16 not less than $2,000,000 shall be for the Social Security 

17 Advisory Board: Provided further, That unobligated bal18 ances of funds provided under this paragraph at the end 

19 of fiscal year 2006 not needed for fiscal year 2006 shall 

20 remain available until expended to invest in the Social Se21 curity Administration information technology and tele22 communications hardware and software infrastructure, in23 cluding related equipment and non-payroll administrative 

24 expenses associated solely with this information technology 

25 and telecommunications infrastructure: Provided further, 

26 That reimbursement to the trust funds under this heading 
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1 for expenditures for official time for employees of the So2 cial Security Administration pursuant to section 7131 of 

3 title 5, United States Code, and for facilities or support 

4 services for labor organizations pursuant to policies, regu5 lations, or procedures referred to in section 7135(b) of 

6 such title shall be made by the Secretary of the Treasury, 

7 with interest, from amounts in the general fund not other8 wise appropriated, as soon as possible after such expendi9 tures are made. 

10 In addition, $119,000,000 to be derived from admin11 istration fees in excess of $5.00 per supplementary pay12 ment collected pursuant to section 1616(d) of the Social 

13 Security Act or section 212(b)(3) of Public Law 93–66, 

14 which shall remain available until expended. To the extent 

15 that the amounts collected pursuant to such section 

16 1616(d) or 212(b)(3) in fiscal year 2006 exceed 

17 $119,000,000, the amounts shall be available in fiscal year 

18 2007 only to the extent provided in advance in appropria19 tions Acts. 

20 In addition, up to $1,000,000 to be derived from fees 

21 collected pursuant to section 303(c) of the Social Security 

22 Protection Act (Public Law 108–203), which shall remain 

23 available until expended. 
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1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses necessary for the Office of Inspector 

4 General in carrying out the provisions of the Inspector 

5 General Act of 1978, as amended, $26,000,000, together 

6 with not to exceed $66,805,000, to be transferred and ex7 pended as authorized by section 201(g)(1) of the Social 

8 Security Act from the Federal Old-Age and Survivors In9 surance Trust Fund and the Federal Disability Insurance 

10 Trust Fund. 

11 In addition, an amount not to exceed 3 percent of 

12 the total provided in this appropriation may be transferred 

13 from the ‘‘Limitation on Administrative Expenses’’, Social 

14 Security Administration, to be merged with this account, 

15 to be available for the time and purposes for which this 

16 account is available: Provided, That notice of such trans17 fers shall be transmitted promptly to the Committees on 

18 Appropriations of the House and Senate. 

19 TITLE V—GENERAL PROVISIONS 

20 SEC. 501. The Secretaries of Labor, Health and 

21 Human Services, and Education are authorized to transfer 

22 unexpended balances of prior appropriations to accounts 

23 corresponding to current appropriations provided in this 

24 Act: Provided, That such transferred balances are used for 

25 the same purpose, and for the same periods of time, for 

26 which they were originally appropriated. 
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1 SEC. 502. No part of any appropriation contained in 

2 this Act shall remain available for obligation beyond the 

3 current fiscal year unless expressly so provided herein. 

4 SEC. 503. (a) No part of any appropriation contained 

5 in this Act shall be used directly or indirectly, including 

6 by private contractor, other than for normal and recog7 nized executive-legislative relationships, for publicity or 

8 propaganda purposes, for the preparation, distribution, or 

9 use of any kit, pamphlet, booklet, publication, radio, tele10 vision, or video presentation designed to support or defeat 

11 legislation pending before the Congress or any State legis12 lature, except in presentation to the Congress or any State 

13 legislature itself. 

14 (b) No part of any appropriation contained in this 

15 Act shall be used to pay the salary or expenses of any 

16 grant or contract recipient, or agent acting for such recipi17 ent, related to any activity designed to influence legislation 

18 or appropriations pending before the Congress or any 

19 State legislature. 

20 SEC. 504. The Secretaries of Labor and Education 

21 are authorized to make available not to exceed $28,000 

22 and $20,000, respectively, from funds available for sala23 ries and expenses under titles I and III, respectively, for 

24 official reception and representation expenses; the Direc25 tor of the Federal Mediation and Conciliation Service is 
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1 authorized to make available for official reception and rep2 resentation expenses not to exceed $5,000 from the funds 

3 available for ‘‘Salaries and expenses, Federal Mediation 

4 and Conciliation Service’’; and the Chairman of the Na5 tional Mediation Board is authorized to make available for 

6 official reception and representation expenses not to ex7 ceed $5,000 from funds available for ‘‘Salaries and ex8 penses, National Mediation Board’’. 

9 SEC. 505. Notwithstanding any other provision of 

10 this Act, no funds appropriated under this Act shall be 

11 used to carry out any program of distributing sterile nee12 dles or syringes for the hypodermic injection of any illegal 

13 drug. 

14 SEC. 506. When issuing statements, press releases, 

15 requests for proposals, bid solicitations and other docu16 ments describing projects or programs funded in whole or 

17 in part with Federal money, all grantees receiving Federal 

18 funds included in this Act, including but not limited to 

19 State and local governments and recipients of Federal re20 search grants, shall clearly state— 

21 (1) the percentage of the total costs of the pro22 gram or project which will be financed with Federal 

23 money; 

24 (2) the dollar amount of Federal funds for the 

25 project or program; and 
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1 (3) percentage and dollar amount of the total 

2 costs of the project or program that will be financed 

3 by non-governmental sources. 

4 SEC. 507. (a) None of the funds appropriated under 

5 this Act, and none of the funds in any trust fund to which 

6 funds are appropriated under this Act, shall be expended 

7 for any abortion. 

8 (b) None of the funds appropriated under this Act, 

9 and none of the funds in any trust fund to which funds 

10 are appropriated under this Act, shall be expended for 

11 health benefits coverage that includes coverage of abor12 tion. 

13 (c) The term ‘‘health benefits coverage’’ means the 

14 package of services covered by a managed care provider 

15 or organization pursuant to a contract or other arrange16 ment. 

17 SEC. 508. (a) The limitations established in the pre18 ceding section shall not apply to an abortion— 

19 (1) if the pregnancy is the result of an act of 

20 rape or incest; or 

21 (2) in the case where a woman suffers from a 

22 physical disorder, physical injury, or physical illness, 

23 including a life-endangering physical condition 

24 caused by or arising from the pregnancy itself, that 
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1 would, as certified by a physician, place the woman 

2 in danger of death unless an abortion is performed. 

3 (b) Nothing in the preceding section shall be con4 strued as prohibiting the expenditure by a State, locality, 

5 entity, or private person of State, local, or private funds 

6 (other than a State’s or locality’s contribution of Medicaid 

7 matching funds). 

8 (c) Nothing in the preceding section shall be con9 strued as restricting the ability of any managed care pro10 vider from offering abortion coverage or the ability of a 

11 State or locality to contract separately with such a pro12 vider for such coverage with State funds (other than a 

13 State’s or locality’s contribution of Medicaid matching 

14 funds). 

15 (d)(1) None of the funds made available in this Act 

16 may be made available to a Federal agency or program, 

17 or to a State or local government, if such agency, program, 

18 or government subjects any institutional or individual 

19 health care entity to discrimination on the basis that the 

20 health care entity does not provide, pay for, provide cov21 erage of, or refer for abortions. 

22 (2) In this subsection, the term ‘‘health care entity’’ 

23 includes an individual physician or other health care pro24 fessional, a hospital, a provider-sponsored organization, a 

25 health maintenance organization, a health insurance plan, 
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1 or any other kind of health care facility, organization, or 

2 plan. 

3 SEC. 509. (a) None of the funds made available in 

4 this Act may be used for— 

5 (1) the creation of a human embryo or embryos 

6 for research purposes; or 

7 (2) research in which a human embryo or em8 bryos are destroyed, discarded, or knowingly sub9 jected to risk of injury or death greater than that 

10 allowed for research on fetuses in utero under 45 

11 CFR 46.208(a)(2) and section 498(b) of the Public 

12 Health Service Act (42 U.S.C. 289g(b)). 

13 (b) For purposes of this section, the term ‘‘human 

14 embryo or embryos’’ includes any organism, not protected 

15 as a human subject under 45 CFR 46 as of the date of 

16 the enactment of this Act, that is derived by fertilization, 

17 parthenogenesis, cloning, or any other means from one or 

18 more human gametes or human diploid cells. 

19 SEC. 510. (a) None of the funds made available in 

20 this Act may be used for any activity that promotes the 

21 legalization of any drug or other substance included in 

22 schedule I of the schedules of controlled substances estab23 lished by section 202 of the Controlled Substances Act (21 

24 U.S.C. 812). 
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1 (b) The limitation in subsection (a) shall not apply 

2 when there is significant medical evidence of a therapeutic 

3 advantage to the use of such drug or other substance or 

4 that federally sponsored clinical trials are being conducted 

5 to determine therapeutic advantage. 

6 SEC. 511. None of the funds made available in this 

7 Act may be used to promulgate or adopt any final stand8 ard under section 1173(b) of the Social Security Act (42 

9 U.S.C. 1320d–2(b)) providing for, or providing for the as10 signment of, a unique health identifier for an individual 

11 (except in an individual’s capacity as an employer or a 

12 health care provider), until legislation is enacted specifi13 cally approving the standard. 

14 SEC. 512. None of the funds made available in this 

15 Act may be transferred to any department, agency, or in16 strumentality of the United States Government, except 

17 pursuant to a transfer made by, or transfer authority pro18 vided in, this Act or any other appropriation Act. 

19 SEC. 513. None of the funds made available by this 

20 Act to carry out the Library Services and Technology Act 

21 may be made available to any library covered by para22 graph (1) of section 224(f) of such Act (20 U.S.C. 

23 9134(f)), as amended by the Children’s Internet Protec24 tions Act, unless such library has made the certifications 

25 required by paragraph (4) of such section. 
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1 SEC. 514. None of the funds made available by this 

2 Act to carry out part D of title II of the Elementary and 

3 Secondary Education Act of 1965 may be made available 

4 to any elementary or secondary school covered by para5 graph (1) of section 2441(a) of such Act (20 U.S.C. 

6 6777(a)), as amended by the Children’s Internet Protec7 tions Act and the No Child Left Behind Act, unless the 

8 local educational agency with responsibility for such cov9 ered school has made the certifications required by para10 graph (2) of such section. 

11 SEC. 515. None of the funds appropriated in this Act 

12 may be used to enter into an arrangement under section 

13 7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C. 

14 231f(b)(4)) with a nongovernmental financial institution 

15 to serve as disbursing agent for benefits payable under 

16 the Railroad Retirement Act of 1974. 

17 SEC. 516. (a) None of the funds provided under this 

18 Act, or provided under previous appropriations Acts to the 

19 agencies funded by this Act that remain available for obli20 gation or expenditure in fiscal year 2006, or provided from 

21 any accounts in the Treasury of the United States derived 

22 by the collection of fees available to the agencies funded 

23 by this Act, shall be available for obligation or expenditure 

24 through a reprogramming of funds that— 

25 (1) creates new programs; 
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1 (2) eliminates a program, project, or activity; 

2 (3) increases funds or personnel by any means 

3 for any project or activity for which funds have been 

4 denied or restricted; 

5 (4) relocates an office or employees; 

6 (5) reorganizes or renames offices; 

7 (6) reorganizes programs or activities; or 

8 (7) contracts out or privatizes any functions or 

9 activities presently performed by Federal employees; 

10 unless the Appropriations Committees of both Houses of 

11 Congress are notified 15 days in advance of such re12 programming or of an announcement of intent relating to 

13 such reprogramming, whichever occurs earlier. 

14 (b) None of the funds provided under this Act, or 

15 provided under previous appropriations Acts to the agen16 cies funded by this Act that remain available for obligation 

17 or expenditure in fiscal year 2006, or provided from any 

18 accounts in the Treasury of the United States derived by 

19 the collection of fees available to the agencies funded by 

20 this Act, shall be available for obligation or expenditure 

21 through a reprogramming of funds in excess of $500,000 

22 or 10 percent, whichever is less, that— 

23 (1) augments existing programs, projects (in24 cluding construction projects), or activities; 
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1 (2) reduces by 10 percent funding for any exist2 ing program, project, or activity, or numbers of per3 sonnel by 10 percent as approved by Congress; or 

4 (3) results from any general savings from a re5 duction in personnel which would result in a change 

6 in existing programs, activities, or projects as ap7 proved by Congress; 

8 unless the Appropriations Committees of both Houses of 

9 Congress are notified 15 days in advance of such re10 programming or of an announcement of intent relating to 

11 such reprogramming, whichever occurs earlier. 

12 SEC. 517. Section 1015(b) of Public Law 108–173 

13 is amended by striking ‘‘2005’’ and inserting ‘‘2006’’. 

14 SEC. 518. (a) None of the funds made available in 

15 this Act may be used for the payment or reimbursement, 

16 including payment or reimbursement under the programs 

17 described in subsection (b), of a drug that is prescribed 

18 to an individual described in subsection (c) for the treat19 ment of sexual or erectile dysfunction. 

20 (b) The programs described in this subsection are the 

21 medicaid program, the medicare program, and health re22 lated programs funded under the Public Health Service 

23 Act. 

24 (c) An individual described in this subsection is an 

25 individual who has a conviction for sexual abuse, sexual 
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1 assault, or any other sexual offense, and includes any indi2 vidual who is registered (or who is a person required to 

3 register) under section 170101 or 170102 of the Violent 

4 Crime Control and Law Enforcement Act of 1994 (42 

5 U.S.C. 14071, 14072). 

6 SEC. 519. The amounts otherwise provided in this 

7 Act for the following accounts and activities are hereby 

8 reduced by the following amounts, and none of the funds 

9 made available in this Act may be used to carry out the 

10 rescission specified in this Act under the heading ‘‘Cor11 poration for Public Broadcasting’’: 

12 (1) ‘‘Department of Labor, Employment and 

13 Training Administration, Training and Employment 

14 Services’’, $58,000,000. 

15 (2) ‘‘Department of Labor, Departmental Man16 agement, Salaries and Expenses’’, $4,640,000. 

17 (3) ‘‘Department of Health and Human Serv18 ices, Health Resources and Services Administration, 

19 Health Resources and Services’’, $2,920,000. 

20 (4) ‘‘Department of Education, Higher Edu21 cation’’, $27,000,000. 

22 (5) ‘‘Department of Education, Departmental 

23 Management, Program Administration’’, 

24 $8,380,000. 
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1 SEC. 520. None of the funds made available in this 

2 Act may be used to enforce Determination ED–OIG/A05– 

3 D0008 of the Department of Education. 

4 SEC. 521. None of the funds appropriated by this Act 

5 may be used by the Pension Benefit Guaranty Corporation 

6 to enforce or implement the ‘‘Settlement Agreement By 

7 and Among UAL Corporation and all Direct and Indirect 

8 Subsidiaries and Pension Benefit Guaranty Corporation’’, 

9 dated April 22, 2005. 

10 SEC. 522. None of the funds made available in this 

11 Act may be used to place social security account numbers 

12 on identification cards issued to beneficiaries under the 

13 medicare program under title XVIII of the Social Security 

14 Act. 

15 SEC. 523. None of the funds made available in this 

16 Act may be used to reimburse, or provide reimbursement, 

17 for Viagra, Levitra, or Cialis. 

18 SEC. 524. None of the funds made available under 

19 this Act to the Department of Education may be expended 

20 in contravention of section 505 of the Illegal Immigration 

21 Reform and Responsibility Act of 1996 (8 U.S.C. 1623). 

22 SEC. 525. None of the funds made available in this 

23 Act may be used by the National Institute of Mental 

24 Health for any of the following grants: 
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1 (1) Grant number MH060105 (Perceived Re2 gard and Relationship Resilience in Newlyweds). 

3 (2) Grant number MH047313 (Perceptual 

4 Bases of Visual Concepts in Pigeons). 

5 SEC. 526. None of the funds made available in this 

6 Act may be used to implement any strategic plan under 

7 section 3 of Executive Order No. 13335 (regarding inter8 operable health information technology) that does not re9 quire the Department of Health and Human Services to 

10 give notice to any patient whose information maintained 

11 by the Department under the strategic plan is lost, stolen, 

12 or used for a purpose other than the purpose for which 

13 the information was collected. 

14 SEC. 527. None of the funds made available in this 

15 Act may be used by the Department of Health and Human 

16 Services to appoint an individual to a Federal advisory 

17 committee on the basis of political affiliation, unless re18 quired by Federal statute. 

19 SEC. 528. None of the funds appropriated by this Act 

20 may be used by the Commissioner of Social Security or 

21 the Social Security Administration to pay the compensa22 tion of employees of the Social Security Administration 

23 to administer Social Security benefit payments under a to24 talization agreement with Mexico which are inconsistent 

25 with Federal law. 
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1 SEC. 529. None of the funds made available in this 

2 Act may be used to administer or pay any special allow3 ance under section 438(b)(2)(B) of the Higher Education 

4 Act of 1965 (20 U.S.C. 1087–1(b)(2)(B)) with respect 

5 to— 

6 (1) any loan made or purchased after the date 

7 of enactment of this Act; 

8 (2) any loan that had not qualified before such 

9 date of enactment for receipt of a special allowance 

10 payment determined under section 438(b)(2)(B) of 

11 the Higher Education Act of 1965; or 

12 (3) any loan made or purchased before such 

13 date of enactment with funds described in the first 

14 or second sentence of section 438(b)(2)(B)(i) of such 

15 Act if— 

16 (A) the obligation described in the first 

17 such sentence has, after such date of enact18 ment, matured, or been retired or defeased; or 

19 (B) the maturity date or the date of retire20 ment of the obligation described in the first 

21 such sentence has, after such date of enact22 ment, been extended. 

23 This Act may be cited as the ‘‘Departments of Labor, 

24 Health and Human Services, and Education, and Related 

25 Agencies Appropriations Act, 2006’’. 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Departments of Labor, Health and Human Services, and 

4 Education, and related agencies for the fiscal year ending 

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

6 TITLE I—DEPARTMENT OF LABOR 

7 EMPLOYMENTAND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 (INCLUDING RESCISSION)

10 For necessary expenses of the Workforce Investment Act 

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

12 Women in Apprenticeship and Non-Traditional Occupa13 tions Act of 1992, including the purchase and hire of pas14 senger motor vehicles, the construction, alteration, and re15 pair of buildings and other facilities, and the purchase of 

16 real property for training centers as authorized by the 

17 Workforce Investment Act of 1998; $2,787,806,000 plus re18 imbursements, of which $1,791,518,000 is available for obli19 gation for the period July 1, 2006 through June 30, 2007; 

20 except that amounts determined by the Secretary of Labor 

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

22 174(c) of the Workforce Investment Act of 1998 shall be 

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

24 $986,288,000 is available for obligation for the period April 

25 1, 2006 through June 30, 2007, to carry out chapter 4 of 

26 the Workforce Investment Act of 1998; and of which 
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1 $10,000,000 is available for the period July 1, 2006 through 

2 June 30, 2007 for necessary expenses of construction, reha3 bilitation, and acquisition of Job Corps centers: Provided, 

4 That notwithstanding any other provision of law, of the 

5 funds provided herein under section 137(c) of the Workforce 

6 Investment Act of 1998, $282,800,000 shall be for activities 

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

8 $1,193,264,000 shall be for activities described in section 

9 132(a)(2)(B) of such Act: Provided further, That 

10 $125,000,000 shall be available for Community-Based Job 

11 Training Grants, which shall be from funds reserved under 

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

13 1998 and shall be used to carry out such grants under sec14 tion 171(d) of such Act, except that the 10 percent limita15 tion otherwise applicable to the amount of funds that may 

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

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

18 Provided further, That funds provided to carry out section 

19 132(a)(2)(A) of the Workforce Investment Act of 1998 may 

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

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

22 worker dislocations across multiple sectors or across mul23 tiple local areas and such workers remain dislocated; co24 ordinate the State workforce development plan with emerg25 ing economic development needs; and train such eligible dis-
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1 located workers: Provided further, That $7,936,000 shall be 

2 for carrying out section 172 of the Workforce Investment 

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

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

5 notwithstanding any other provision of law or related regu6 lation, $80,557,000 shall be for carrying out section 167 

7 of the Workforce Investment Act of 1998, including 

8 $75,053,000 for formula grants, $5,000,000 for migrant and 

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

10 be for permanent housing), and $504,000 for other discre11 tionary purposes: Provided further, That notwithstanding 

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

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

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

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

16 Workforce Investment Act of 1998 may be used for dem17 onstration projects that provide assistance to new entrants 

18 in the workforce and incumbent workers: Provided further, 

19 That no funds from any other appropriation shall be used 

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

21 For necessary expenses of the Workforce Investment Act 

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

23 vehicles, the construction, alteration, and repair of build24 ings and other facilities, and the purchase of real property 

25 for training centers as authorized by the Act; 
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1 $2,463,000,000 plus reimbursements, of which 

2 $2,363,000,000 is available for obligation for the period Oc3 tober 1, 2006 through June 30, 2007, and of which 

4 $100,000,000 is available for the period October 1, 2006 

5 through June 30, 2009, for necessary expenses of construc6 tion, rehabilitation, and acquisition of Job Corps centers. 

7 Of the funds provided under this heading in Public 

8 Law 108–7 to carry out section 173(a)(4)(A) of the Work9 force Investment Act of 1998, $20,000,000 are rescinded. 

10 Of the funds provided under this heading in Public 

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

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

13 through regulatory or administration action, the definition 

14 established in 20 CFR 667.220 for functions and activities 

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

16 to modify, through regulatory or administrative action, the 

17 procedure for redesignation of local areas as specified in 

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

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

20 notwithstanding the time limits specified in section 

21 116(a)(3)(B) of that Act), until such time as legislation re22 authorizing the Act is enacted. Nothing in the preceding 

23 sentence shall permit or require the Secretary of Labor to 

24 withdraw approval for such redesignation from a State that 

25 received the approval not later than October 12, 2005, or 
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1 to revise action taken or modify the redesignation procedure 

2 being used by the Secretary in order to complete such redes3 ignation for a State that initiated the process of such redes4 ignation by submitting any request for such redesignation 

5 not later than October 26, 2005. 

6 COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

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

8 1965, as amended, $436,678,000. 

9 FEDERAL UNEMPLOYMENTBENEFITS AND ALLOWANCES

10 For payments during the current fiscal year of trade 

11 adjustment benefit payments and allowances under part I 

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

13 and relocation, and related State administrative expenses 

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

15 (including the benefits and services described under sections 

16 123(c)(2) and 151(b) and (c) of the Trade Adjustment As17 sistance Reform Act of 2002, Public Law 107–210), 

18 $966,400,000, together with such amounts as may be nec19 essary to be charged to the subsequent appropriation for 

20 payments for any period subsequent to September 15 of the 

21 current year. 

22 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

23 SERVICE OPERATIONS

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

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

26 prevention activities under the Garrett Lee Smith Memorial 
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1 Act (Public law 108–355) shall be increased by $13,000,000: 

2 Provided further, That not to exceed $3,201,000,000 (in3 cluding not to exceed $1,228,000 which may be used for am4 ortization payments to States which had independent re5 tirement plans in their State employment service agencies 

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

7 used to conduct in-person reemployment and eligibility as8 sessments of unemployment insurance beneficiaries by State 

9 unemployment insurance employees in one-stop career cen10 ters), which may be expended from the Employment Secu11 rity Administration Account in the Unemployment Trust 

12 Fund including the cost of administering section 51 of the 

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

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

15 1974, as amended, the Immigration Act of 1990, and the 

16 Immigration and Nationality Act, as amended, and of 

17 which the sums available in the allocation for activities au18 thorized by title III of the Social Security Act, as amended 

19 (42 U.S.C. 502–504), and the sums available in the alloca20 tion for necessary administrative expenses for carrying out 

21 5 U.S.C. 8501–8523, shall be available for obligation by the 

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

23 for automation acquisitions shall be available for obligation 

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

25 $132,825,000, together with not to exceed $723,188,000 of 
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1 the amount which may be expended from said trust fund, 

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

3 through June 30, 2007, to fund activities under the Act of 

4 June 6, 1933, as amended, including the cost of penalty 

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

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

7 Provided, That to the extent that the Average Weekly In8 sured Unemployment (AWIU) for fiscal year 2006 is pro9 jected by the Department of Labor to exceed 2,800,000, an 

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

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

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

13 Employment Security Administration Account of the Un14 employment Trust Fund: Provided further, That funds ap15 propriated in this Act which are used to establish a na16 tional one-stop career center system, or which are used to 

17 support the national activities of the Federal-State unem18 ployment insurance or immigration programs, may be obli19 gated in contracts, grants or agreements with non-State en20 tities: Provided further, That funds appropriated in this 

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

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

23 be used by the States to fund integrated Employment Serv24 ice and Unemployment Insurance automation efforts, not-
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1 withstanding cost allocation principles prescribed under Of2 fice of Management and Budget Circular A–87. 

3 In addition to amounts made available above, and sub4 ject to the same terms and conditions, $10,000,000 to con5 duct in-person reemployment and eligibility assessments of 

6 unemployment insurance beneficiaries by State unemploy7 ment insurance employees in one-stop career centers, and 

8 $30,000,000 to prevent and detect fraudulent unemploy9 ment benefits claims filed using personal information stolen 

10 from unsuspecting workers: Provided, That not later than 

11 180 days following the end of fiscal year 2006, the Secretary 

12 shall provide a report to the Congress which includes: 

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

14 and eligibility assessments of UI beneficiaries in One15 Stop Career Centers, as well as funds made available 

16 and expended to prevent and detect fraudulent claims 

17 for unemployment benefits filed using workers’ stolen 

18 personal information; 

19 (2) the number of scheduled in-person reemploy20 ment and eligibility assessments, the number of indi21 viduals who failed to appear for scheduled assess22 ments, actions taken as a result of individuals not 

23 appearing for an assessment (e.g., benefits termi24 nated), results of assessments (e.g., referred to reem25 ployment services, found in compliance with program 
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1 requirements), estimated savings resulting from ces2 sation of benefits, and estimated savings as a result 

3 of accelerated reemployment; and 

4 (3) the estimated number of UI benefit claims 

5 filed using stolen identification that are discovered at 

6 the time of initial filing, with an estimate of the re7 sulting savings; and the estimated number of ID theft8 related continued claims stopped, with an estimate of 

9 the amount paid on such fraudulent claims and an 

10 estimate of the resulting savings from their termi11 nation. 

12 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

13 OTHER FUNDS

14 For repayable advances to the Unemployment Trust 

15 Fund as authorized by sections 905(d) and 1203 of the So16 cial Security Act, as amended, and to the Black Lung Dis17 ability Trust Fund as authorized by section 9501(c)(1) of 

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

19 nonrepayable advances to the Unemployment Trust Fund 

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

21 and to the ‘‘Federal unemployment benefits and allow22 ances’’ account, to remain available until September 30, 

23 2007, $465,000,000. 

24 In addition, for making repayable advances to the 

25 Black Lung Disability Trust Fund in the current fiscal 

26 year after September 15, 2006, for costs incurred by the 
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1 Black Lung Disability Trust Fund in the current fiscal 

2 year, such sums as may be necessary. 

3 PROGRAM ADMINISTRATION

4 For expenses of administering employment and train5 ing programs, $117,123,000, together with not to exceed 

6 $82,877,000, which may be expended from the Employment 

7 Security Administration Account in the Unemployment 

8 Trust Fund. 

9 WORKERS COMPENSATION PROGRAMS

10 (RESCISSION)

11 Of funds provided under this heading in the Emer12 gency Supplemental Appropriations Act, 2002 (Public Law 

13 107–117, division B), $120,000,000 are rescinded. 

14 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses for the Employee Benefits Secu17 rity Administration, $134,900,000. 

18 PENSION BENEFIT GUARANTY CORPORATION

19 PENSION BENEFIT GUARANTY CORPORATION FUND

20 The Pension Benefit Guaranty Corporation is author21 ized to make such expenditures, including financial assist22 ance authorized by section 104 of Public Law 96–364, with23 in limits of funds and borrowing authority available to 

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

25 such contracts and commitments without regard to fiscal 

26 year limitations as provided by section 104 of the Govern-
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1 ment Corporation Control Act, as amended (31 U.S.C. 

2 9104), as may be necessary in carrying out the program, 

3 including associated administrative expenses, through Sep4 tember 30, 2006 for such Corporation: Provided, That none 

5 of the funds available to the Corporation for fiscal year 

6 2006 shall be available for obligations for administrative 

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

8 obligations in excess of such amount may be incurred after 

9 approval by the Office of Management and Budget and the 

10 Committees on Appropriations of the House and Senate. 

11 EMPLOYMENT STANDARDS ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses for the Employment Standards 

14 Administration, including reimbursement to State, Federal, 

15 and local agencies and their employees for inspection serv16 ices rendered, $410,568,000, together with $2,048,000 which 

17 may be expended from the Special Fund in accordance with 

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

19 Workers’ Compensation Act: Provided, That the Secretary 

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

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

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

23 accordance with the terms of the Consent Judgment in Civil 

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

25 the District of the Northern Mariana Islands (May 21, 
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1 1992): Provided further, That the Secretary of Labor is au2 thorized to establish and, in accordance with 31 U.S.C. 

3 3302, collect and deposit in the Treasury fees for processing 

4 applications and issuing certificates under sections 11(d) 

5 and 14 of the Fair Labor Standards Act of 1938, as amend6 ed (29 U.S.C. 211(d) and 214) and for processing applica7 tions and issuing registrations under title I of the Migrant 

8 and Seasonal Agricultural Worker Protection Act (29 

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

10 SPECIAL BENEFITS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the payment of compensation, benefits, and ex13 penses (except administrative expenses) accruing during the 

14 current or any prior fiscal year authorized by title 5, chap15 ter 81 of the United States Code; continuation of benefits 

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

17 in the Federal Security Agency Appropriation Act, 1947; 

18 the Employees’ Compensation Commission Appropriation 

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

20 of 1948 (50 U.S.C. App. 2012); and 50 percent of the addi21 tional compensation and benefits required by section 10(h) 

22 of the Longshore and Harbor Workers’ Compensation Act, 

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

24 may be necessary to be charged to the subsequent year ap25 propriation for the payment of compensation and other ben26 efits for any period subsequent to August 15 of the current 
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1 year: Provided, That amounts appropriated may be used 

2 under section 8104 of title 5, United States Code, by the 

3 Secretary of Labor to reimburse an employer, who is not 

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

5 of a reemployed, disabled beneficiary: Provided further, 

6 That balances of reimbursements unobligated on September 

7 30, 2005, shall remain available until expended for the pay8 ment of compensation, benefits, and expenses: Provided fur9 ther, That in addition there shall be transferred to this ap10 propriation from the Postal Service and from any other cor11 poration or instrumentality required under section 8147(c) 

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

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

14 Secretary determines to be the cost of administration for 

15 employees of such fair share entities through September 30, 

16 2006: Provided further, That of those funds transferred to 

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

18 administration of the Federal Employees’ Compensation 

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

20 as follows: 

21 (1) for enhancement and maintenance of auto22 mated data processing systems and telecommuni23 cations systems, $13,305,000; 
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1 (2) for automated workload processing oper2 ations, including document imaging, centralized mail 

3 intake and medical bill processing, $27,148,000; 

4 (3) for periodic roll management and medical re5 view, $13,242,000; and 

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

7 Treasury as miscellaneous receipts: 

8 Provided further, That the Secretary may require that any 

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

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

11 et seq., provide as part of such notice and claim, such iden12 tifying information (including Social Security account 

13 number) as such regulations may prescribe. 

14 SPECIAL BENEFITS FOR DISABLED COAL MINERS

15 For carrying out title IV of the Federal Mine Safety 

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

17 275, (the ‘‘Act’’), $232,250,000, to remain available until 

18 expended. 

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

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

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

22 as may be necessary. 

23 For making benefit payments under title IV for the 

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

25 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 AND EXPENSES

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 AND EXPENSES

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 AND EXPENSES

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 AND EXPENSES

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 AND EXPENSES

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 AND TRAINING

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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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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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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1 TITLE II—DEPARTMENT OF HEALTH AND 

2 HUMAN SERVICES 

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

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

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

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

8 title V and sections 1128E, 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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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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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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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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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, AND TRAINING

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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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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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, AND BLOOD INSTITUTE

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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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 AND INFECTIOUS

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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1 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

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 AND SKIN 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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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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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 AND HEALTH

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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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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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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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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1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 SUBSTANCE ABUSE AND MENTAL 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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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 AND QUALITY

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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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 AND LOAN

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 FRAUD AND ABUSE 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 CHILD SUPPORT ENFORCEMENT

6 AND FAMILY SUPPORTPROGRAMS

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 AND ENTRANT 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 CHILD CARE AND

24 DEVELOPMENTBLOCK 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 AND STABLE 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 AND ADOPTION

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 AND MEDICAL BENEFITS FOR

9 COMMISSIONED OFFICERS

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 AND SOCIAL 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 GALLAUDETUNIVERSITY

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) REPORTON 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 BLIND OR SEVERELY DISABLED

4 SALARIES AND EXPENSES

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 AND COMMUNITY 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-
216 

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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-
218 

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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 
219 

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1 application reviews, including the use of outside peer re2 viewers. 

3 SALARIES AND EXPENSES

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 
221 

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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-
222 

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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 AND EXPENSES

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 
223 

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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 AND EXPENSES

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 AND LIBRARY 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 AND EXPENSES

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 AND EXPENSES

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 AND EXPENSES

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 AND EXPENSES

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-
225 

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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 AND EXPENSES

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 AND EXPENSES

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 
227 

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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 
230 

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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’’. 

Passed the House of Representatives June 24, 2005. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate October 27, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.