IB 

Union Calendar No. 85 

109TH CONGRESS 

1ST SESSION H. R. 3010 

[Report No. 109–143] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 21, 2005 

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

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

State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Departments of Labor, Health 

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

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

3 TITLE I—DEPARTMENT OF LABOR 

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 TRAINING AND EMPLOYMENT SERVICES

6 (INCLUDING RESCISSIONS)

7 For necessary expenses of the Workforce Investment 

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

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

10 buildings and other facilities, and the purchase of real 

11 property for training centers as authorized by such Act; 

12 $2,658,792,000 plus reimbursements, of which 

13 $1,708,792,000 is available for obligation for the period 

14 July 1, 2006, through June 30, 2007; except that 

15 amounts determined by the Secretary of Labor to be nec16 essary pursuant to sections 173(a)(4)(A) and 174(c) of 

17 such Act shall be available from October 1, 2005, until 

18 expended; and of which $950,000,000 is available for obli19 gation for the period April 1, 2006, through June 30, 

20 2007, to carry out chapter 4 of such Act: Provided, That 

21 notwithstanding any other provision of law, of the funds 

22 provided herein under section 137(c) of such Act of 1998, 

23 $212,000,000 shall be for activities described in section 

24 132(a)(2)(A) of such Act and $1,193,264,000 shall be for 

25 activities described in section 132(a)(2)(B) of such Act: 
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1 Provided further, That $125,000,000 shall be available for 

2 Community-Based Job Training Grants: Provided further, 

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

4 such Act: Provided further, That, notwithstanding any 

5 other provision of law or related regulation, $75,759,000 

6 shall be for carrying out section 167 of such Act, including 

7 $71,213,000 for formula grants, $4,546,000 for migrant 

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

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

10 discretionary purposes: Provided further, That notwith11 standing the transfer limitation under section 133(b)(4) 

12 of such Act, up to 30 percent of such funds may be trans13 ferred by a local board if approved by the Governor: Pro14 vided further, That funds provided to carry out section 

15 171(d) of such Act may be used for demonstration 

16 projects that provide assistance to new entrants in the 

17 workforce and incumbent workers: Provided further, That 

18 no funds from any other appropriation shall be used to 

19 provide meal services at or for Job Corps centers. 

20 For necessary expenses of the Workforce Investment 

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

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

23 buildings and other facilities, and the purchase of real 

24 property for training centers as authorized by the Act; 

25 $2,463,000,000 plus reimbursements, of which 
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1 $2,363,000,000 is available for obligation for the period 

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

3 $100,000,000 is available for the period October 1, 2006, 

4 through June 30, 2009, for necessary expenses of con5 struction, rehabilitation, and acquisition of Job Corps cen6 ters. 

7 Of the funds provided under this heading in division 

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

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

10 is rescinded. 

11 Of the funds provided under this heading in division 

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

13 Of the funds provided under this heading in division 

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

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

16 The Secretary of Labor shall take no action to 

17 amend, through regulatory or administration action, the 

18 definition established in 20 CFR 667.220 for functions 

19 and activities under title I of the Workforce Investment 

20 Act of 1998 until such time as legislation reauthorizing 

21 the Act is enacted. 

22 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

23 AMERICANS

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

25 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 FUNDAND

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDTRAINING

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

3 Employment Security Administration Account in the Un4 employment Trust Fund to carry out the provisions of 38 

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

6 Public Law 103–353, and which shall be available for obli7 gation by the States through December 31, 2006, of which 

8 $1,984,000 is for the National Veterans’ Employment and 

9 Training Services Institute. To carry out the Homeless 

10 Veterans Reintegration Programs (38 U.S.C. 2021) and 

11 the Veterans Workforce Investment Programs (29 U.S.C. 

12 2913), $29,500,000, of which $7,500,000 shall be avail13 able for obligation for the period July 1, 2006, through 

14 June 30, 2007. 

15 OFFICE OF INSPECTOR GENERAL

16 For salaries and expenses of the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

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

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

20 from the Employment Security Administration Account in 

21 the Unemployment Trust Fund. 

22 WORKING CAPITAL FUND

23 For the acquisition of a new core accounting system 

24 for the Department of Labor, including hardware and 
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1 software infrastructure and the costs associated with im2 plementation thereof, $6,230,000. 

3 GENERAL PROVISIONS 

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

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

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

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

8 II. 

9 (TRANSFER OF FUNDS)

10 SEC. 102. Not to exceed 1 percent of any discre11 tionary funds (pursuant to the Balanced Budget and 

12 Emergency Deficit Control Act of 1985, as amended) 

13 which are appropriated for the current fiscal year for the 

14 Department of Labor in this Act may be transferred be15 tween appropriations, but no such appropriation shall be 

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

17 Provided, That an appropriation may be increased by up 

18 to an additional 2 percent subject to approval by the 

19 House and Senate Committees on Appropriations: Pro20 vided further, That the transfer authority granted by this 

21 section shall be available only to meet emergency needs 

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

23 fund any project or activity for which no funds are pro24 vided in this Act: Provided further, That the Appropria25 tions Committees of both Houses of Congress are notified 

26 at least 15 days in advance of any transfer. 
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1 SEC. 103. In accordance with Executive Order No. 

2 13126, none of the funds appropriated or otherwise made 

3 available pursuant to this Act shall be obligated or ex4 pended for the procurement of goods mined, produced, 

5 manufactured, or harvested or services rendered, whole or 

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

7 and host countries already identified by the United States 

8 Department of Labor prior to enactment of this Act. 

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

10 of the Department of Defense and Emergency Supple11 mental Appropriations for Recovery from and Response 

12 to Terrorist Attacks on the United States Act, 2002 (Pub13 lic Law 107–117), payments made by the New York 

14 Workers’ Compensation Board to the New York Crime 

15 Victims Board and the New York State Insurance Fund 

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

17 deemed to have been made for workers compensation pro18 grams. 

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

20 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, 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 
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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. 
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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 
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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 
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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, 
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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. 
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1 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

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

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. 
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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. 
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1 NATIONAL INSTITUTE OF MENTAL HEALTH

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

4 $1,417,692,000. 

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. 
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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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 

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

2 payments to States or other non-Federal entities under 

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

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

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

7 as may be necessary. 

8 LOW-INCOME HOME ENERGY ASSISTANCE

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

11 REFUGEE AND ENTRANT ASSISTANCE

12 For necessary expenses for refugee and entrant as13 sistance activities and for costs associated with the care 

14 and placement of unaccompanied alien children authorized 

15 by title IV of the Immigration and Nationality Act and 

16 section 501 of the Refugee Education Assistance Act of 

17 1980 (Public Law 96–422), for carrying out section 462 

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

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

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

21 up to $9,915,000 shall be available to carry out the Traf22 ficking Victims Protection Act of 2003 (Public Law 108– 

23 193): Provided, That funds appropriated under this head24 ing pursuant to section 414(a) of the Immigration and 

25 Nationality Act and section 462 of the Homeland Security 
46 

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

2 costs of assistance provided and other activities to remain 

3 available through September 30, 2008. 

4 PAYMENTS TO STATES FOR THE CHILD CARE AND

5 DEVELOPMENT BLOCK GRANT

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

7 Omnibus Budget Reconciliation Act of 1981 (The Child 

8 Care and Development Block Grant Act of 1990), 

9 $2,082,910,000 shall be used to supplement, not supplant 

10 State general revenue funds for child care assistance for 

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

12 available for child care resource and referral and school13 aged child care activities, of which $992,000 shall be for 

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

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

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

17 reserved by the States for activities authorized under sec18 tion 658G, of which $99,200,000 shall be for activities 

19 that improve the quality of infant and toddler care: Pro20 vided further, That $9,920,000 shall be for use by the Sec21 retary for child care research, demonstration, and evalua22 tion activities. 

23 SOCIAL SERVICES BLOCK GRANT

24 For making grants to States pursuant to section 

25 2002 of the Social Security Act, $1,700,000,000: Pro-
47 

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1 vided, That notwithstanding subparagraph (B) of section 

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

3 under such subparagraph for a State to carry out State 

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

5 percent. 

6 CHILDREN AND FAMILIES SERVICES PROGRAMS

7 For carrying out, except as otherwise provided, the 

8 Runaway and Homeless Youth Act, the Developmental 

9 Disabilities Assistance and Bill of Rights Act, the Head 

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

11 sections 310 and 316 of the Family Violence Prevention 

12 and Services Act, as amended, the Native American Pro13 grams Act of 1974, title II of Public Law 95–266 (adop14 tion opportunities), the Adoption and Safe Families Act 

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

16 of the Children’s Health Act of 2000, the Abandoned In17 fants Assistance Act of 1988, sections 261 and 291 of the 

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

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

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

21 103–322; for making payments under the Community 

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

23 477(i) of the Social Security Act, and title IV of Public 

24 Law 105–285, and for necessary administrative expenses 

25 to carry out said Acts and titles I, IV, V, X, XI, XIV, 
48 

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

2 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili3 ation Act of 1981, title IV of the Immigration and Nation4 ality Act, section 501 of the Refugee Education Assistance 

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

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

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

8 $31,846,000, to remain available until September 30, 

9 2007, shall be for grants to States for adoption incentive 

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

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

12 made for adoptions completed before September 30, 2006: 

13 Provided, That $6,899,000,000 shall be for making pay14 ments under the Head Start Act, of which $1,400,000,000 

15 shall become available October 1, 2006, and remain avail16 able through September 30, 2007: Provided further, That 

17 $384,672,000 shall be for making payments under the 

18 Community Services Block Grant Act: Provided further, 

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

20 680(3)(B) of the Community Services Block Grant Act: 

21 Provided further, That in addition to amounts provided 

22 herein, $8,000,000 shall be available from amounts avail23 able under section 241 of the Public Health Service Act 

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

25 Security Act: Provided further, That to the extent Commu-
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1 nity Services Block Grant funds are distributed as grant 

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

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

4 shall remain with such entity for carryover into the next 

5 fiscal year for expenditure by such entity consistent with 

6 program purposes: Provided further, That the Secretary 

7 shall establish procedures regarding the disposition of in8 tangible property which permits grant funds, or intangible 

9 assets acquired with funds authorized under section 680 

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

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

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

13 purposes and uses consistent with the original grant: Pro14 vided further, That funds appropriated for section 

15 680(a)(2) of the Community Services Block Grant Act, 

16 as amended, shall be available for financing construction 

17 and rehabilitation and loans or investments in private 

18 business enterprises owned by community development 

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

20 compassion capital fund to provide grants to charitable or21 ganizations to emulate model social service programs and 

22 to encourage research on the best practices of social serv23 ice organizations: Provided further, That $14,879,000 

24 shall be for activities authorized by the Help America Vote 

25 Act of 2002, of which $9,919,000 shall be for payments 
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1 to States to promote access for voters with disabilities, and 

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

3 protection and advocacy systems for voters with disabil4 ities: Provided further, That $110,000,000 shall be for 

5 making competitive grants to provide abstinence education 

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

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

8 the grant: Provided further, That grants under the imme9 diately preceding proviso shall be made only to public and 

10 private entities which agree that, with respect to an ado11 lescent to whom the entities provide abstinence education 

12 under such grant, the entities will not provide to that ado13 lescent any other education regarding sexual conduct, ex14 cept that, in the case of an entity expressly required by 

15 law to provide health information or services the adoles16 cent shall not be precluded from seeking health informa17 tion or services from the entity in a different setting than 

18 the setting in which abstinence education was provided: 

19 Provided further, That within amounts provided herein for 

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

21 may be available for a national abstinence education cam22 paign: Provided further, That in addition to amounts pro23 vided herein for abstinence education for adolescents, 

24 $4,500,000 shall be available from amounts available 

25 under section 241 of the Public Health Service Act to 
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1 carry out evaluations (including longitudinal evaluations) 

2 of adolescent pregnancy prevention approaches: Provided 

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

4 Assistance Reporting Information System, including 

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

6 the system’s effectiveness. 

7 PROMOTING SAFE AND STABLE FAMILIES

8 For carrying out section 436 of the Social Security 

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

10 PAYMENTS TO STATES FOR FOSTER CARE AND

11 ADOPTION ASSISTANCE

12 For making payments to States or other non-Federal 

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

14 $4,852,800,000. 

15 For making payments to States or other non-Federal 

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

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

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

19 payments to States or other non-Federal entities under 

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

21 current fiscal year for unanticipated costs, incurred for the 

22 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, 
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1 $58,100,000: Provided, That in addition to amounts pro2 vided herein, $16,900,000 shall be available from amounts 

3 under section 241 of the Public Health Service Act to 

4 carry out health information technology network develop5 ment. 

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 ANDSOCIAL 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-
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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-
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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. 
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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 
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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: Pro22 vided, That $9,797,000, to remain available through Sep23 tember 30, 2007, shall be available to fund fellowships for 

24 academic year 2007–2008 under part A, subpart 1 of title 

25 VII of said Act, under the terms and conditions of part 
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1 A, subpart 1: Provided further, That notwithstanding any 

2 other provision of law or any regulation, the Secretary of 

3 Education shall not require the use of a restricted indirect 

4 cost rate for grants issued pursuant to section 117 of the 

5 Carl D. Perkins Vocational and Technical Education Act 

6 of 1998: Provided further, That $980,000 is for data col7 lection and evaluation activities for programs under the 

8 HEA, including such activities needed to comply with the 

9 Government Performance and Results Act of 1993: Pro10 vided further, That notwithstanding any other provision of 

11 law, funds made available in this Act to carry out title 

12 VI of the HEA and section 102(b)(6) of the Mutual Edu13 cational and Cultural Exchange Act of 1961 may be used 

14 to support visits and study in foreign countries by individ15 uals who are participating in advanced foreign language 

16 training and international studies in areas that are vital 

17 to United States national security and who plan to apply 

18 their language skills and knowledge of these countries in 

19 the fields of government, the professions, or international 

20 development: Provided further, That of the funds referred 

21 to in the preceding proviso up to 1 percent may be used 

22 for program evaluation, national outreach, and informa23 tion dissemination activities: Provided further, That the 

24 funds provided for title II of the HEA shall be allocated 

25 notwithstanding section 210 of such Act. 
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1 HOWARD UNIVERSITY

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

3 121 et seq.), $240,790,000, of which not less than 

4 $3,524,000 shall be for a matching endowment grant pur5 suant to the Howard University Endowment Act (Public 

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

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM

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

14 CAPITAL 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 

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

20 not 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 

24 Higher 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, $522,696,000, 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 pro12 vided, the Department of Education Organization Act, in13 cluding rental of conference rooms in the District of Co14 lumbia and hire of three passenger motor vehicles, 

15 $418,992,000. 

16 OFFICE FOR CIVIL RIGHTS

17 For expenses necessary for the Office for Civil 

18 Rights, as authorized by section 203 of the Department 

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

20 OFFICE OF THE INSPECTOR GENERAL

21 For expenses necessary for the Office of the Inspector 

22 General, as authorized by section 212 of the Department 

23 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 BLINDOR SEVERELY DISABLED

4 SALARIES ANDEXPENSES

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, to remain avail11 able until September 30, 2007: Provided, That not more 

12 than $270,000,000 of the amount provided under this 

13 heading shall be available for grants under the National 

14 Service Trust Program authorized under subtitle C of title 

15 I of the Act (42 U.S.C. 12571 et seq.) (relating to activi16 ties of the AmeriCorps program), including grants to orga17 nizations operating projects under the AmeriCorps Edu18 cation Awards Program (without regard to the require19 ments of sections 121 (d) and (e), section 131(e), section 

20 132, and sections 140 (a), (d), and (e) of the Act): Pro21 vided further, That not less than $146,000,000 of the 

22 amount provided under this heading, to remain available 

23 without fiscal year limitation, shall be transferred to the 

24 National Service Trust for educational awards authorized 

25 under subtitle D of title I of the Act (42 U.S.C. 12601), 
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1 of which up to $4,000,000 shall be available to support 

2 national service scholarships for high school students per3 forming community service, and of which $10,000,000 

4 shall be held in reserve as defined in Public Law 108– 

5 45: Provided further, That in addition to amounts other6 wise provided to the National Service Trust under the sec7 ond proviso, the Corporation may transfer funds from the 

8 amount provided under the first proviso, to the National 

9 Service Trust authorized under subtitle D of title I of the 

10 Act (42 U.S.C. 12601) upon determination that such 

11 transfer is necessary to support the activities of national 

12 service participants and after notice is transmitted to Con13 gress: Provided further, That of the amount provided 

14 under this heading for grants under the National Service 

15 Trust program authorized under subtitle C of title I of 

16 the Act, not more than $55,000,000 may be used to ad17 minister, reimburse, or support any national service pro18 gram authorized under section 121(d)(2) of such Act (42 

19 U.S.C. 12581(d)(2)): Provided further, That not more 

20 than $9,945,000 shall be available for quality and innova21 tion activities authorized under subtitle H of title I of the 

22 Act (42 U.S.C. 12853 et seq.), of which $4,000,000 shall 

23 be available for challenge grants to non-profit organiza24 tions: Provided further, That notwithstanding subtitle H 

25 of title I of the Act (42 U.S.C. 12853), none of the funds 
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1 provided under the previous proviso shall be used to sup2 port salaries and related expenses (including travel) attrib3 utable to Corporation employees: Provided further, That 

4 to the maximum extent feasible, funds appropriated under 

5 subtitle C of title I of the Act shall be provided in a man6 ner that is consistent with the recommendations of peer 

7 review panels in order to ensure that priority is given to 

8 programs that demonstrate quality, innovation, 

9 replicability, and sustainability: Provided further, That 

10 $25,500,000 of the funds made available under this head11 ing shall be available for the Civilian Community Corps 

12 authorized under subtitle E of title I of the Act (42 U.S.C. 

13 12611 et seq.): Provided further, That $40,000,000 shall 

14 be available for school-based and community-based serv15 ice-learning programs authorized under subtitle B of title 

16 I of the Act (42 U.S.C. 12521 et seq.): Provided further, 

17 That $4,000,000 shall be available for audits and other 

18 evaluations authorized under section 179 of the Act (42 

19 U.S.C. 12639): Provided further, That $10,000,000 of the 

20 funds made available under this heading shall be made 

21 available for the Points of Light Foundation for activities 

22 authorized under title III of the Act (42 U.S.C. 12661 

23 et seq.), of which not more than $2,500,000 may be used 

24 to support an endowment fund, the corpus of which shall 

25 remain intact and the interest income from which shall 
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1 be used to support activities described in title III of the 

2 Act, provided that the Foundation may invest the corpus 

3 and income in federally insured bank savings accounts or 

4 comparable interest bearing accounts, certificates of de5 posit, money market funds, mutual funds, obligations of 

6 the United States, and other market instruments and se7 curities but not in real estate investments: Provided fur8 ther, That no funds shall be available for national service 

9 programs run by Federal agencies authorized under sec10 tion 121(b) of such Act (42 U.S.C. 12571(b)): Provided 

11 further, That $5,000,000 of the funds made available 

12 under this heading shall be made available to America’s 

13 Promise—The Alliance for Youth, Inc.: Provided further, 

14 That to the maximum extent practicable, the Corporation 

15 shall increase significantly the level of matching funds and 

16 in-kind contributions provided by the private sector, and 

17 shall reduce the total Federal costs per participant in all 

18 programs: Provided further, That notwithstanding section 

19 501(a)(4) of the Act, of the funds provided under this 

20 heading, not more than $12,642,000 shall be made avail21 able to provide assistance to state commissions on national 

22 and community service under section 126(a) of the Act: 

23 Provided further, That the Corporation may use up to one 

24 percent of program grant funds made available under this 
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1 heading to defray its costs of conducting grant application 

2 reviews, including the use of outside peer reviewers. 

3 NATIONAL ANDCOMMUNITY SERVICE PROGRAMS

4 SALARIES ANDEXPENSES

5 For necessary expenses of administration as provided 

6 under section 501(a)(4) of the National and Community 

7 Service Act of 1990 (42 U.S.C. 12501 et seq.) including 

8 payment of salaries, authorized travel, hire of passenger 

9 motor vehicles, the rental of conference rooms in the Dis10 trict of Columbia, the employment of experts and consult11 ants authorized under 5 U.S.C. 3109, and not to exceed 

12 $2,500 for official reception and representation expenses, 

13 $27,000,000. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General in carrying out the Inspector General Act of 1978, 

17 as amended, $6,000,000, to remain available until Sep18 tember 30, 2007. 

19 ADMINISTRATIVE PROVISIONS

20 Notwithstanding any other provision of law, the term 

21 ‘‘qualified student loan’’ with respect to national service 

22 education awards shall mean any loan determined by an 

23 institution of higher education to be necessary to cover 

24 a student’s cost of attendance at such institution and 

25 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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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 ANDEXPENSES

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, other than for normal and recog6 nized executive-legislative relationships, for publicity or 

7 propaganda purposes, for the preparation, distribution, or 

8 use of any kit, pamphlet, booklet, publication, radio, tele9 vision, or video presentation designed to support or defeat 

10 legislation pending before the Congress or any State legis11 lature, except in presentation to the Congress or any State 

12 legislature itself. 

13 (b) No part of any appropriation contained in this 

14 Act shall be used to pay the salary or expenses of any 

15 grant or contract recipient, or agent acting for such recipi16 ent, related to any activity designed to influence legislation 

17 or appropriations pending before the Congress or any 

18 State legislature. 

19 SEC. 504. The Secretaries of Labor and Education 

20 are authorized to make available not to exceed $28,000 

21 and $20,000, respectively, from funds available for sala22 ries and expenses under titles I and III, respectively, for 

23 official reception and representation expenses; the Direc24 tor of the Federal Mediation and Conciliation Service is 

25 authorized to make available for official reception and rep-
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1 resentation expenses not to exceed $5,000 from the funds 

2 available for ‘‘Salaries and expenses, Federal Mediation 

3 and Conciliation Service’’; and the Chairman of the Na4 tional Mediation Board is authorized to make available for 

5 official reception and representation expenses not to ex6 ceed $5,000 from funds available for ‘‘Salaries and ex7 penses, National Mediation Board’’. 

8 SEC. 505. Notwithstanding any other provision of 

9 this Act, no funds appropriated under this Act shall be 

10 used to carry out any program of distributing sterile nee11 dles or syringes for the hypodermic injection of any illegal 

12 drug. 

13 SEC. 506. When issuing statements, press releases, 

14 requests for proposals, bid solicitations and other docu15 ments describing projects or programs funded in whole or 

16 in part with Federal money, all grantees receiving Federal 

17 funds included in this Act, including but not limited to 

18 State and local governments and recipients of Federal re19 search grants, shall clearly state— 

20 (1) the percentage of the total costs of the pro21 gram or project which will be financed with Federal 

22 money; 

23 (2) the dollar amount of Federal funds for the 

24 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 obligated or expended to enter into or renew 

8 a contract with an entity if— 

9 (1) such entity is otherwise a contractor with 

10 the United States and is subject to the requirement 

11 in section 4212(d) of title 38, United States Code, 

12 regarding submission of an annual report to the Sec13 retary of Labor concerning employment of certain 

14 veterans; and 

15 (2) such entity has not submitted a report as 

16 required by that section for the most recent year for 

17 which such requirement was applicable to such enti18 ty. 

19 SEC. 512. None of the funds made available in this 

20 Act may be used to promulgate or adopt any final stand21 ard under section 1173(b) of the Social Security Act (42 

22 U.S.C. 1320d–2(b)) providing for, or providing for the as23 signment of, a unique health identifier for an individual 

24 (except in an individual’s capacity as an employer or a 
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1 health care provider), until legislation is enacted specifi2 cally approving the standard. 

3 SEC. 513. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except 

6 pursuant to a transfer made by, or transfer authority pro7 vided in, this Act or any other appropriation Act. 

8 SEC. 514. None of the funds made available by this 

9 Act to carry out the Library Services and Technology Act 

10 may be made available to any library covered by para11 graph (1) of section 224(f) of such Act (20 U.S.C. 

12 9134(f)), as amended by the Children’s Internet Protec13 tions Act, unless such library has made the certifications 

14 required by paragraph (4) of such section. 

15 SEC. 515. None of the funds made available by this 

16 Act to carry out part D of title II of the Elementary and 

17 Secondary Education Act of 1965 may be made available 

18 to any elementary or secondary school covered by para19 graph (1) of section 2441(a) of such Act (20 U.S.C. 

20 6777(a)), as amended by the Children’s Internet Protec21 tions Act and the No Child Left Behind Act, unless the 

22 local educational agency with responsibility for such cov23 ered school has made the certifications required by para24 graph (2) of such section. 
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1 SEC. 516. None of the funds appropriated in this Act 

2 may be used to enter into an arrangement under section 

3 7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C. 

4 231f(b)(4)) with a nongovernmental financial institution 

5 to serve as disbursing agent for benefits payable under 

6 the Railroad Retirement Act of 1974. 

7 SEC. 517. (a) None of the funds provided under this 

8 Act, or provided under previous appropriations Acts to the 

9 agencies funded by this Act that remain available for obli10 gation or expenditure in fiscal year 2006, or provided from 

11 any accounts in the Treasury of the United States derived 

12 by the collection of fees available to the agencies funded 

13 by this Act, shall be available for obligation or expenditure 

14 through a reprogramming of funds that— 

15 (1) creates new programs; 

16 (2) eliminates a program, project, or activity; 

17 (3) increases funds or personnel by any means 

18 for any project or activity for which funds have been 

19 denied or restricted; 

20 (4) relocates an office or employees; 

21 (5) reorganizes or renames offices; 

22 (6) reorganizes programs or activities; or 

23 (7) contracts out or privatizes any functions or 

24 activities presently performed by Federal employees; 
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1 unless the Appropriations Committees of both Houses of 

2 Congress are notified 15 days in advance of such re3 programming or of an announcement of intent relating to 

4 such reprogramming, whichever occurs earlier. 

5 (b) None of the funds provided under this Act, or 

6 provided under previous appropriations Acts to the agen7 cies funded by this Act that remain available for obligation 

8 or expenditure in fiscal year 2006, or provided from any 

9 accounts in the Treasury of the United States derived by 

10 the collection of fees available to the agencies funded by 

11 this Act, shall be available for obligation or expenditure 

12 through a reprogramming of funds in excess of $500,000 

13 or 10 percent, whichever is less, that— 

14 (1) augments existing programs, projects (in15 cluding construction projects), or activities; 

16 (2) reduces by 10 percent funding for any exist17 ing program, project, or activity, or numbers of per18 sonnel by 10 percent as approved by Congress; or 

19 (3) results from any general savings from a re20 duction in personnel which would result in a change 

21 in existing programs, activities, or projects as ap22 proved by Congress; 

23 unless the Appropriations Committees of both Houses of 

24 Congress are notified 15 days in advance of such re-
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1 programming or of an announcement of intent relating to 

2 such reprogramming, whichever occurs earlier. 

3 SEC. 518. Section 1015(b) of Public Law 108–173 

4 is amended by striking ‘‘2005’’ and inserting ‘‘2006’’. 

5 SEC. 519. (a) None of the funds made available in 

6 this Act may be used for the payment or reimbursement, 

7 including payment or reimbursement under the programs 

8 described in subsection (b), of a drug that is prescribed 

9 to an individual described in subsection (c) for the treat10 ment of sexual or erectile dysfunction. 

11 (b) The programs described in this subsection are the 

12 medicaid program, the medicare program, and health re13 lated programs funded under the Public Health Service 

14 Act. 

15 (c) An individual described in this subsection is an 

16 individual who has a conviction for sexual abuse, sexual 

17 assault, or any other sexual offense, and includes any indi18 vidual who is registered (or who is a person required to 

19 register) under section 170101 or 170102 of the Violent 

20 Crime Control and Law Enforcement Act of 1994 (42 

21 U.S.C. 14071, 14072). 

22 This Act may be cited as the ‘‘Departments of Labor, 

23 Health and Human Services, and Education, and Related 

24 Agencies Appropriations Act, 2006’’. 

Union Calendar No. 85 

109TH CONGRESS 

1ST SESSION H. R. 3010 

[Report No. 109–143] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2006, and for other purcation, and Related Agencies for the fiscal year Labor, Health and Human Services, and EduJUNE 21, 2005 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed