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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3010 Reported in House (RH)]

                                                  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    Training and Employment Services

                        (including rescissions)

    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
such Act; $2,658,792,000 plus reimbursements, of which $1,708,792,000 
is available for obligation for the period July 1, 2006, through June 
30, 2007; except that amounts determined by the Secretary of Labor to 
be necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act 
shall be available from October 1, 2005, until expended; and of which 
$950,000,000 is available for obligation for the period April 1, 2006, 
through June 30, 2007, to carry out chapter 4 of such Act: Provided, 
That notwithstanding any other provision of law, of the funds provided 
herein under section 137(c) of such Act of 1998, $212,000,000 shall be 
for activities described in section 132(a)(2)(A) of such Act and 
$1,193,264,000 shall be for activities described in section 
132(a)(2)(B) of such Act: Provided further, That $125,000,000 shall be 
available for Community-Based Job Training Grants: Provided further, 
That $7,936,000 shall be for carrying out section 172 of such Act: 
Provided further, That, notwithstanding any other provision of law or 
related regulation, $75,759,000 shall be for carrying out section 167 
of such Act, including $71,213,000 for formula grants, $4,546,000 for 
migrant and seasonal housing (of which not less than 70 percent shall 
be for permanent housing), and $500,000 for other discretionary 
purposes: Provided further, That notwithstanding the transfer 
limitation under section 133(b)(4) of such Act, up to 30 percent of 
such funds may be transferred by a local board if approved by the 
Governor: Provided further, That funds provided to carry out section 
171(d) of such Act may be used for demonstration projects that provide 
assistance to new entrants in the workforce and incumbent workers: 
Provided further, That no funds from any other appropriation shall be 
used to provide meal services at or for Job Corps centers.
    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Act; $2,463,000,000 plus reimbursements, of which $2,363,000,000 is 
available for obligation for the period October 1, 2006, through June 
30, 2007, and of which $100,000,000 is available for the period October 
1, 2006, through June 30, 2009, for necessary expenses of construction, 
rehabilitation, and acquisition of Job Corps centers.
    Of the funds provided under this heading in division G of Public 
Law 108-7 to carry out section 173(a)(4)(A) of the Workforce Investment 
Act of 1998, $20,000,000 is rescinded.
    Of the funds provided under this heading in division B of Public 
Law 107-117, $5,000,000 is rescinded.
    Of the funds provided under this heading in division F of Public 
Law 108-447 for Community-Based Job Training Grants, $125,000,000 is 
rescinded.
    The Secretary of Labor shall take no action to amend, through 
regulatory or administration action, the definition established in 20 
CFR 667.220 for functions and activities under title I of the Workforce 
Investment Act of 1998 until such time as legislation reauthorizing the 
Act is enacted.

            community service employment for older americans

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

              Federal Unemployment Benefits and Allowances

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

     State Unemployment Insurance and Employment Service Operations

    For authorized administrative expenses, $130,985,000, together with 
not to exceed $3,299,381,000 (including not to exceed $1,228,000 which 
may be used for amortization payments to States which had independent 
retirement plans in their State employment service agencies prior to 
1980 and including $10,000,000 which may be used to conduct in-person 
reemployment and eligibility assessments of unemployment insurance 
beneficiaries in one-stop career centers), which may be expended from 
the Employment Security Administration Account in the Unemployment 
Trust Fund including the cost of administering section 51 of the 
Internal Revenue Code of 1986, as amended, section 7(d) of the Wagner-
Peyser Act, as amended, the Trade Act of 1974, as amended, the 
Immigration Act of 1990, and the Immigration and Nationality Act, as 
amended, and of which the sums available in the allocation for 
activities authorized by title III of the Social Security Act, as 
amended (42 U.S.C. 502-504), and the sums available in the allocation 
for necessary administrative expenses for carrying out 5 U.S.C. 8501-
8523, shall be available for obligation by the States through December 
31, 2006, except that funds used for automation acquisitions shall be 
available for obligation by the States through September 30, 2008; of 
which $130,985,000, together with not to exceed $672,700,000 of the 
amount which may be expended from said trust fund, shall be available 
for obligation for the period July 1, 2006, through June 30, 2007, to 
fund activities under the Act of June 6, 1933, as amended, including 
the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made 
available to States in lieu of allotments for such purpose: Provided, 
That to the extent that the Average Weekly Insured Unemployment (AWIU) 
for fiscal year 2006 is projected by the Department of Labor to exceed 
2,984,000, an additional $28,600,000 shall be available for obligation 
for every 100,000 increase in the AWIU level (including a pro rata 
amount for any increment less than 100,000) from the Employment 
Security Administration Account of the Unemployment Trust Fund: 
Provided further, That funds appropriated in this Act which are used to 
establish a national one-stop career center system, or which are used 
to support the national activities of the Federal-State unemployment 
insurance or immigration programs, may be obligated in contracts, 
grants or agreements with non-State entities: Provided further, That 
funds appropriated under this Act for activities authorized under the 
Wagner-Peyser Act, as amended, and title III of the Social Security 
Act, may be used by the States to fund integrated Employment Service 
and Unemployment Insurance automation efforts, notwithstanding cost 
allocation principles prescribed under Office of Management and Budget 
Circular A-87.
    In addition to amounts made available above, and subject to the 
same terms and conditions, $10,000,000 to conduct in-person 
reemployment and eligibility assessments of unemployment insurance 
beneficiaries in one-stop career centers, and $30,000,000 to prevent 
and detect fraudulent unemployment benefits claims filed using personal 
information stolen from unsuspecting workers: Provided, That not later 
than 180 days following the end of fiscal year 2006, the Secretary 
shall provide a report to the Congress which includes:
            (1) the amount spent for in-person reemployment and 
        eligibility assessments of UI beneficiaries in One-Stop Career 
        Centers, as well as funds made available and expended to 
        prevent and detect fraudulent claims for unemployment benefits 
        filed using workers' stolen personal information;
            (2) the number of scheduled in-person reemployment and 
        eligibility assessments, the number of individuals who failed 
        to appear for scheduled assessments, actions taken as a result 
        of individuals not appearing for an assessment (e.g., benefits 
        terminated), results of assessments (e.g., referred to 
        reemployment services, found in compliance with program 
        requirements), estimated savings resulting from cessation of 
        benefits, and estimated savings as a result of accelerated 
        reemployment; and
            (3) the estimated number of UI benefit claims filed using 
        stolen identification that are discovered at the time of 
        initial filing, with an estimate of the resulting savings; and 
        the estimated number of ID theft-related continued claims 
        stopped, with an estimate of the amount paid on such fraudulent 
        claims and an estimate of the resulting savings from their 
        termination.

        Advances to the Unemployment Trust Fund and Other Funds

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

                         Program Administration

    For expenses of administering employment and training programs, 
$118,123,000, together with not to exceed $87,988,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund: Provided, That not to exceed $3,000,000 shall 
be available for contracts that are not competitively bid.

                     Workers Compensation Programs

                              (rescission)

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

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $137,000,000.

                  Pension Benefit Guaranty Corporation

               Pension Benefit Guaranty Corporation Fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2006, for such Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2006 shall be 
available for obligations for administrative expenses in excess of 
$296,977,728: Provided further, That obligations in excess of such 
amount may be incurred after approval by the Office of Management and 
Budget and the Committees on Appropriations of the House and Senate.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $414,284,000, together with 
$2,048,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That the Secretary of Labor is 
authorized to establish and, in accordance with 31 U.S.C. 3302, collect 
and deposit in the Treasury fees for processing applications and 
issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for 
processing applications and issuing registrations under title I of the 
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
et seq.).

                            Special Benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the heading 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. 
App. 2012); and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $237,000,000, together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That amounts 
appropriated may be used under section 8104 of title 5, United States 
Code, by the Secretary of Labor to reimburse an employer, who is not 
the employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 2005, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary determines to be the cost 
of administration for employees of such fair share entities through 
September 30, 2006: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $45,001,000 
shall be made available to the Secretary as follows:
            (1) for enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $13,305,000;
            (2) for automated workload processing operations, including 
        document imaging, centralized mail intake and medical bill 
        processing, $18,454,000;
            (3) for periodic roll management and medical review, 
        $13,242,000; and
            (4) the remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under chapter 81 of title 5, 
United States Code, or 33 U.S.C. 901 et seq., provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               Special Benefits for Disabled Coal Miners

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

    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $96,081,000, to remain available 
until expended: Provided, That the Secretary of Labor is authorized to 
transfer to any executive agency with authority under the Energy 
Employees Occupational Illness Compensation Act, including within the 
Department of Labor, such sums as may be necessary in fiscal year 2006 
to carry out those authorities: Provided further, That the Secretary 
may require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.

                    Black Lung Disability Trust Fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $477,199,000, including not to exceed $92,013,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fiscal year of 
training institute course tuition fees, otherwise authorized by law to 
be collected, and may utilize such sums for occupational safety and 
health training and education grants: Provided, That, notwithstanding 
31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal 
year ending September 30, 2006, to collect and retain fees for services 
provided to Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of 29 U.S.C. 9a, to 
administer national and international laboratory recognition programs 
that ensure the safety of equipment and products used by workers in the 
workplace: Provided further, That none of the funds appropriated under 
this paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That not less than $3,200,000 shall be used to extend funding 
for the Institutional Competency Building training grants which 
commenced in September 2000, for program activities for the period of 
September 30, 2006, to September 30, 2007, provided that a grantee has 
demonstrated satisfactory performance: Provided further, That none of 
the funds appropriated under this paragraph shall be obligated or 
expended to administer or enforce the provisions of 29 CFR 
1910.134(f)(2) (General Industry Respiratory Protection Standard) to 
the extent that such provisions require the annual fit testing (after 
the initial fit testing) of respirators for occupational exposure to 
tuberculosis.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $280,490,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration may retain up to $1,000,000 from fees collected for the 
approval and certification of equipment, materials, and explosives for 
use in mines, and may utilize such sums for such activities; the 
Secretary is authorized to accept lands, buildings, equipment, and 
other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, or 
private; the Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the mining 
community through cooperative programs with States, industry, and 
safety associations; the Secretary is authorized to recognize the 
Joseph A. Holmes Safety Association as a principal safety association 
and, notwithstanding any other provision of law, may provide funds and, 
with or without reimbursement, personnel, including service of Mine 
Safety and Health Administration officials as officers in local 
chapters or in the national organization; and any funds available to 
the department may be used, with the approval of the Secretary, to 
provide for the costs of mine rescue and survival operations in the 
event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $464,678,000, 
together with not to exceed $77,845,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $5,000,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act (29 U.S.C. 
49l-2).

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $27,934,000.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, $244,112,000 of which $6,944,000 to remain 
available until September 30, 2007, is for Frances Perkins Building 
Security Enhancements, and $29,760,000 is for the acquisition of 
Departmental information technology, architecture, infrastructure, 
equipment, software and related needs, which will be allocated by the 
Department's Chief Information Officer in accordance with the 
Department's capital investment management process to assure a sound 
investment strategy; together with not to exceed $311,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                    veterans employment and training

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

                      Office of Inspector General

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $65,211,000, together with not to exceed $5,608,000, which may 
be expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                          Working Capital Fund

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

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.

                          (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That an appropriation 
may be increased by up to an additional 2 percent subject to approval 
by the House and Senate Committees on Appropriations: Provided further, 
That the transfer authority granted by this section shall be available 
only to meet emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.
    Sec. 103. In accordance with Executive Order No. 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104. For purposes of chapter 8 of division B of the Department 
of Defense and Emergency Supplemental Appropriations for Recovery from 
and Response to Terrorist Attacks on the United States Act, 2002 
(Public Law 107-117), payments made by the New York Workers' 
Compensation Board to the New York Crime Victims Board and the New York 
State Insurance Fund before the date of the enactment of this Act shall 
be deemed to have been made for workers compensation programs.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2006''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     Health Resources and Services

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V and sections 1128E, 711, and 
1820 of the Social Security Act, the Health Care Quality Improvement 
Act of 1986, as amended, the Native Hawaiian Health Care Act of 1988, 
as amended, the Cardiac Arrest Survival Act of 2000, and the Poison 
Control Center Enhancement and Awareness Act, as amended, and for 
expenses necessary to support activities related to countering 
potential biological, disease, nuclear, radiological and chemical 
threats to civilian populations, $6,446,357,000, of which $39,180,000 
from general revenues, notwithstanding section 1820(j) of the Social 
Security Act, shall be available for carrying out the Medicare rural 
hospital flexibility grants program under section 1820 of such Act: 
Provided, That of the funds made available under this heading, $222,000 
shall be available until expended for facilities renovations at the 
Gillis W. Long Hansen's Disease Center: Provided further, That in 
addition to fees authorized by section 427(b) of the Health Care 
Quality Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That fees collected for the full disclosure of information 
under the ``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, shall be 
sufficient to recover the full costs of operating the program, and 
shall remain available until expended to carry out that Act: Provided 
further, That $26,000,000 of the funding provided for Health Centers 
shall be used for high-need counties, notwithstanding section 
330(s)(2)(B) of the Public Health Service Act: Provided further, That 
no more than $45,000,000 is available until expended for carrying out 
the provisions of Public Law 104-73: Provided further, That of the 
funds made available under this heading, $285,963,000 shall be for the 
program under title X of the Public Health Service Act to provide for 
voluntary family planning projects: Provided further, That amounts 
provided to said projects under such title shall not be expended for 
abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That $797,521,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 
of the Public Health Service Act: Provided further, That in addition to 
amounts provided herein, $25,000,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to carry 
out Parts A, B, C, and D of title XXVI of the Public Health Service Act 
to fund section 2691 Special Projects of National Significance: 
Provided further, That, notwithstanding section 502(a)(1) of the Social 
Security Act, not to exceed $116,124,000 is available for carrying out 
special projects of regional and national significance pursuant to 
section 501(a)(2) of such Act.

           Health Education Assistance Loans Program Account

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

             Vaccine Injury Compensation Program Trust Fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,500,000 shall 
be available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

                Disease Control, Research, and Training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 
203, 301, and 501 of the Federal Mine Safety and Health Act of 1977, 
sections 20, 21, and 22 of the Occupational Safety and Health Act of 
1970, title IV of the Immigration and Nationality Act, and section 501 
of the Refugee Education Assistance Act of 1980, and for expenses 
necessary to support activities related to countering potential 
biological, disease, nuclear, radiological and chemical threats to 
civilian populations; including purchase and insurance of official 
motor vehicles in foreign countries; and purchase, hire, maintenance, 
and operation of aircraft, $5,945,991,000, of which $30,000,000 shall 
remain available until expended for equipment, and construction and 
renovation of facilities; of which $30,000,000 of the amounts available 
for immunization activities shall remain available until expended; of 
which $530,000,000 shall remain available until expended for the 
Strategic National Stockpile; and of which $123,883,000 for 
international HIV/AIDS shall remain available until September 30, 2007. 
In addition, such sums as may be derived from authorized user fees, 
which shall be credited to this account: Provided, That in addition to 
amounts provided herein, the following amounts shall be available from 
amounts available under section 241 of the Public Health Service Act:
            (1) $12,794,000 to carry out the National Immunization 
        Surveys;
            (2) $3,516,000 to carry out the National Center for Health 
        Statistics surveys;
            (3) $24,751,000 to carry out information systems standards 
        development and architecture and applications-based research 
        used at local public health levels;
            (4) $463,000 for Health Marketing evaluations;
            (5) $31,000,000 to carry out Public Health Research; and
            (6) $87,071,000 to carry out research activities within the 
        National Occupational Research Agenda:
Provided further, That none of the funds made available for injury 
prevention and control at the Centers for Disease Control and 
Prevention may be used, in whole or in part, to advocate or promote gun 
control: Provided further, That up to $30,000,000 shall be made 
available until expended for Individual Learning Accounts for full-time 
equivalent employees of the Centers for Disease Control and Prevention: 
Provided further, That the Director may redirect the total amount made 
available under authority of Public Law 101-502, section 3, dated 
November 3, 1990, to activities the Director may so designate: Provided 
further, That the Congress is to be notified promptly of any such 
transfer: Provided further, That not to exceed $12,500,000 may be 
available for making grants under section 1509 of the Public Health 
Service Act to not more than 15 States, tribes, or tribal 
organizations: Provided further, That without regard to existing 
statute, funds appropriated may be used to proceed, at the discretion 
of the Centers for Disease Control and Prevention, with property 
acquisition, including a long-term ground lease for construction on 
non-Federal land, to support the construction of a replacement 
laboratory in the Fort Collins, Colorado area: Provided further, That 
of the funds appropriated, $10,000 is for official reception and 
representation expenses when specifically approved by the Director of 
the Centers for Disease Control and Prevention: Provided further, That 
employees of the Centers for Disease Control and Prevention or the 
Public Health Service, both civilian and Commissioned Officers, 
detailed to States, municipalities, or other organizations under 
authority of section 214 of the Public Health Service Act for purposes 
related to homeland security, shall be treated as non-Federal employees 
for reporting purposes only and shall not be included within any 
personnel ceiling applicable to the Agency, Service, or the Department 
of Health and Human Services during the period of detail or assignment.

                     National Institutes of Health

                       National Cancer Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $4,841,774,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
NCI-Frederick Federally Funded Research and Development Center in 
Frederick, Maryland.

               National Heart, Lung, and Blood Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $2,951,270,000.

         National Institute of Dental and Craniofacial Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $393,269,000.

    National Institute of Diabetes and Digestive and Kidney Diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,722,146,000.

        National Institute of Neurological Disorders and Stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,550,260,000.

         National Institute of Allergy and Infectious Diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,359,395,000: Provided, That up to $30,000,000 shall be for 
extramural facilities construction grants to enhance the Nation's 
capability to do research on biological and other agents.

             National Institute of General Medical Sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,955,170,000.

        National Institute of Child Health and Human Development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,277,544,000.

                         National Eye Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$673,491,000.

          National Institute of Environmental Health Sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$647,608,000.

                      National Institute on Aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,057,203,000.

 National Institute of Arthritis and Musculoskeletal and Skin Diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $513,063,000.

    National Institute on Deafness and Other Communication Disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$397,432,000.

                 National Institute of Nursing Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $138,729,000.

           National Institute on Alcohol Abuse and Alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $440,333,000.

                    National Institute on Drug Abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,010,130,000.

                  National Institute of Mental Health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,417,692,000.

                National Human Genome Research Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $490,959,000.

      National Institute of Biomedical Imaging and Bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $299,808,000.

                 National Center for Research Resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,100,203,000: Provided, That none of these funds 
shall be used to pay recipients of the general research support grants 
program any amount for indirect expenses in connection with such 
grants.

       National Center for Complementary and Alternative Medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$122,692,000.

       National Center on Minority Health and Health Disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $197,379,000.

                  John E. Fogarty International Center

    For carrying out the activities at the John E. Fogarty 
International Center, $67,048,000.

                      National Library of Medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$318,091,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 2006, 
the Library may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health: Provided 
further, That in addition to amounts provided herein, $8,200,000 shall 
be available from amounts available under section 241 of the Public 
Health Service Act to carry out National Information Center on Health 
Services Research and Health Care Technology and related health 
services.

                         Office of the Director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $482,216,000, of which up to 
$10,000,000 shall be used to carry out section 217 of this Act: 
Provided, That funding shall be available for the purchase of not to 
exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the Director may direct up to 1 percent of the total 
amount made available in this or any other Act to all National 
Institutes of Health appropriations to activities the Director may so 
designate: Provided further, That no such appropriation shall be 
decreased by more than 1 percent by any such transfers and that the 
Congress is promptly notified of the transfer: Provided further, That 
the National Institutes of Health is authorized to collect third party 
payments for the cost of clinical services that are incurred in 
National Institutes of Health research facilities and that such 
payments shall be credited to the National Institutes of Health 
Management Fund: Provided further, That all funds credited to the 
National Institutes of Health Management Fund shall remain available 
for 1 fiscal year after the fiscal year in which they are deposited: 
Provided further, That up to $500,000 shall be available to carry out 
section 499 of the Public Health Service Act: Provided further, That in 
addition to the transfer authority provided above, a uniform percentage 
of the amounts appropriated in this Act to each Institute and Center 
may be transferred and utilized for the National Institutes of Health 
Roadmap for Medical Research: Provided further, That the amount 
utilized under the preceding proviso shall not exceed $250,000,000 
without prior notification to the Committees on Appropriations of the 
House of Representatives and the Senate: Provided further, That amounts 
transferred and utilized under the preceding two provisos shall be in 
addition to amounts made available for the Roadmap for Medical Research 
from the Director's Discretionary Fund and to any amounts allocated to 
activities related to the Roadmap through the normal research priority-
setting process of individual Institutes and Centers: Provided further, 
That of the funds provided $10,000 shall be for official reception and 
representation expenses when specifically approved by the Director of 
NIH.

                        buildings and facilities

    For the study of, construction of, renovation of, and acquisition 
of equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $81,900,000, to 
remain available until expended.

       Substance Abuse and Mental Health Services Administration

               Substance Abuse and Mental Health Services

    For carrying out titles V and XIX of the Public Health Service Act 
(``PHS Act'') with respect to substance abuse and mental health 
services, the Protection and Advocacy for Individuals with Mental 
Illness Act, and section 301 of the PHS Act with respect to program 
management, $3,230,744,000: Provided, That notwithstanding section 
520A(f)(2) of the PHS Act, no funds appropriated for carrying out 
section 520A are available for carrying out section 1971 of the PHS 
Act: Provided further, That in addition to amounts provided herein, the 
following amounts shall be available under section 241 of the PHS Act:
            (1) $79,200,000 to carry out subpart II of part B of title 
        XIX of the PHS Act to fund section 1935(b) technical 
        assistance, national data, data collection and evaluation 
        activities, and further that the total available under this Act 
        for section 1935(b) activities shall not exceed 5 percent of 
        the amounts appropriated for subpart II of part B of title XIX;
            (2) $21,803,000 to carry out subpart I of part B of title 
        XIX of the PHS Act to fund section 1920(b) technical 
        assistance, national data, data collection and evaluation 
        activities, and further that the total available under this Act 
        for section 1920(b) activities shall not exceed 5 percent of 
        the amounts appropriated for subpart I of part B of title XIX;
            (3) $16,000,000 to carry out national surveys on drug 
        abuse; and
            (4) $4,300,000 to evaluate substance abuse treatment 
        programs.

               Agency for Healthcare Research and Quality

                    Healthcare Research and Quality

    For carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, $318,695,000; 
and in addition, amounts received from Freedom of Information Act fees, 
reimbursable and interagency agreements, and the sale of data shall be 
credited to this appropriation and shall remain available until 
expended: Provided, That no amount shall be made available pursuant to 
section 927(c) of the Public Health Service Act for fiscal year 2006.

               Centers for Medicare and Medicaid Services

                     Grants to States for Medicaid

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

                  Payments to Health Care Trust Funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under section 
1844, 1860D-16, and 1860D-31 of the Social Security Act, sections 
103(c) and 111(d) of the Social Security Amendments of 1965, section 
278(d) of Public Law 97-248, and for administrative expenses incurred 
pursuant to section 201(g) of the Social Security Act, 
$177,742,200,000.
    In addition, for making matching payments under section 1844, and 
benefit payments under 1860D-16 and 1860D-31 of the Social Security 
Act, not anticipated in budget estimates, such sums as may be 
necessary.

                           Program Management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act, and the Clinical Laboratory Improvement 
Amendments of 1988, not to exceed $3,180,284,000, to be transferred 
from the Federal Hospital Insurance and the Federal Supplementary 
Medical Insurance Trust Funds, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the Public Health Service Act and section 
1857(e)(2) of the Social Security Act, and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
remain available until expended: Provided, That all funds derived in 
accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the Public Health Service Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $24,205,000, to remain available until September 30, 
2007, is for contract costs for CMS's Systems Revitalization Plan: 
Provided further, That $79,934,000, to remain available until September 
30, 2007, is for contract costs for the Healthcare Integrated General 
Ledger Accounting System: Provided further, That funds appropriated 
under this heading are available for the Healthy Start, Grow Smart 
program under which the Centers for Medicare and Medicaid Services may, 
directly or through grants, contracts, or cooperative agreements, 
produce and distribute informational materials including, but not 
limited to, pamphlets and brochures on infant and toddler health care 
to expectant parents enrolled in the Medicaid program and to parents 
and guardians enrolled in such program with infants and children: 
Provided further, That the Secretary of Health and Human Services is 
directed to collect fees in fiscal year 2006 from Medicare Advantage 
organizations pursuant to section 1857(e)(2) of the Social Security Act 
and from eligible organizations with risk-sharing contracts under 
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act.

      Health Maintenance Organization Loan and Loan Guarantee Fund

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

                Administration for Children and Families

  Payments to States for Child Support Enforcement and Family Support 
                                Programs

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

                   Low-Income Home Energy Assistance

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

                     Refugee and Entrant Assistance

    For necessary expenses for refugee and entrant assistance 
activities and for costs associated with the care and placement of 
unaccompanied alien children authorized by title IV of the Immigration 
and Nationality Act and section 501 of the Refugee Education Assistance 
Act of 1980 (Public Law 96-422), for carrying out section 462 of the 
Homeland Security Act of 2002 (Public Law 107-296), and for carrying 
out the Torture Victims Relief Act of 2003 (Public Law 108-179), 
$560,919,000, of which up to $9,915,000 shall be available to carry out 
the Trafficking Victims Protection Act of 2003 (Public Law 108-193): 
Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act and section 462 
of the Homeland Security Act of 2002 for fiscal year 2006 shall be 
available for the costs of assistance provided and other activities to 
remain available through September 30, 2008.

   Payments to States for the Child Care and Development Block Grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), $2,082,910,000 shall be used to supplement, not supplant 
State general revenue funds for child care assistance for low-income 
families: Provided, That $18,967,040 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$992,000 shall be for the Child Care Aware toll-free hotline: Provided 
further, That, in addition to the amounts required to be reserved by 
the States under section 658G, $270,490,624 shall be reserved by the 
States for activities authorized under section 658G, of which 
$99,200,000 shall be for activities that improve the quality of infant 
and toddler care: Provided further, That $9,920,000 shall be for use by 
the Secretary for child care research, demonstration, and evaluation 
activities.

                      Social Services Block Grant

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

                Children and Families Services Programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, as amended, the Native American Programs Act of 1974, 
title II of Public Law 95-266 (adoption opportunities), the Adoption 
and Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 
1211 of the Children's Health Act of 2000, the Abandoned Infants 
Assistance Act of 1988, sections 261 and 291 of the Help America Vote 
Act of 2002, part B(1) of title IV and sections 413, 429A, 1110, and 
1115 of the Social Security Act, and sections 40155, 40211, and 40241 
of Public Law 103-322; for making payments under the Community Services 
Block Grant Act, sections 439(h), 473A, and 477(i) of the Social 
Security Act, and title IV of Public Law 105-285, and for necessary 
administrative expenses to carry out said Acts and titles I, IV, V, X, 
XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 
1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, 
title IV of the Immigration and Nationality Act, section 501 of the 
Refugee Education Assistance Act of 1980, sections 40155, 40211, and 
40241 of Public Law 103-322, and section 126 and titles IV and V of 
Public Law 100-485, $8,688,707,000, of which $31,846,000, to remain 
available until September 30, 2007, shall be for grants to States for 
adoption incentive payments, as authorized by section 473A of title IV 
of the Social Security Act (42 U.S.C. 670-679) and may be made for 
adoptions completed before September 30, 2006: Provided, That 
$6,899,000,000 shall be for making payments under the Head Start Act, 
of which $1,400,000,000 shall become available October 1, 2006, and 
remain available through September 30, 2007: Provided further, That 
$384,672,000 shall be for making payments under the Community Services 
Block Grant Act: Provided further, That not less than $7,242,000 shall 
be for section 680(3)(B) of the Community Services Block Grant Act: 
Provided further, That in addition to amounts provided herein, 
$8,000,000 shall be available from amounts available under section 241 
of the Public Health Service Act to carry out the provisions of section 
1110 of the Social Security Act: Provided further, That to the extent 
Community Services Block Grant funds are distributed as grant funds by 
a State to an eligible entity as provided under the Act, and have not 
been expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, That the Secretary 
shall establish procedures regarding the disposition of intangible 
property which permits grant funds, or intangible assets acquired with 
funds authorized under section 680 of the Community Services Block 
Grant Act, as amended, to become the sole property of such grantees 
after a period of not more than 12 years after the end of the grant for 
purposes and uses consistent with the original grant: Provided further, 
That funds appropriated for section 680(a)(2) of the Community Services 
Block Grant Act, as amended, shall be available for financing 
construction and rehabilitation and loans or investments in private 
business enterprises owned by community development corporations: 
Provided further, That $75,000,000 is for a compassion capital fund to 
provide grants to charitable organizations to emulate model social 
service programs and to encourage research on the best practices of 
social service organizations: Provided further, That $14,879,000 shall 
be for activities authorized by the Help America Vote Act of 2002, of 
which $9,919,000 shall be for payments to States to promote access for 
voters with disabilities, and of which $4,960,000 shall be for payments 
to States for protection and advocacy systems for voters with 
disabilities: Provided further, That $110,000,000 shall be for making 
competitive grants to provide abstinence education (as defined by 
section 510(b)(2) of the Social Security Act) to adolescents, and for 
Federal costs of administering the grant: Provided further, That grants 
under the immediately preceding proviso shall be made only to public 
and private entities which agree that, with respect to an adolescent to 
whom the entities provide abstinence education under such grant, the 
entities will not provide to that adolescent any other education 
regarding sexual conduct, except that, in the case of an entity 
expressly required by law to provide health information or services the 
adolescent shall not be precluded from seeking health information or 
services from the entity in a different setting than the setting in 
which abstinence education was provided: Provided further, That within 
amounts provided herein for abstinence education for adolescents, up to 
$10,000,000 may be available for a national abstinence education 
campaign: Provided further, That in addition to amounts provided herein 
for abstinence education for adolescents, $4,500,000 shall be available 
from amounts available under section 241 of the Public Health Service 
Act to carry out evaluations (including longitudinal evaluations) of 
adolescent pregnancy prevention approaches: Provided further, That 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness.

                   Promoting Safe and Stable Families

    For carrying out section 436 of the Social Security Act, 
$305,000,000 and for section 437, $99,000,000.

       Payments to States for Foster Care and Adoption Assistance

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

                        Administration on Aging

                        Aging Services Programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $1,376,217,000, of which $5,500,000 shall be available for 
activities regarding medication management, screening, and education to 
prevent incorrect medication and adverse drug reactions.

                        Office of the Secretary

                    General Departmental Management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, and XXI of the Public Health Service Act, the 
United States-Mexico Border Health Commission Act, and research studies 
under section 1110 of the Social Security Act $338,695,000, together 
with $5,851,000 to be transferred and expended as authorized by section 
201(g)(1) of the Social Security Act from the Hospital Insurance Trust 
Fund and the Supplemental Medical Insurance Trust Fund, and $39,552,000 
from the amounts available under section 241 of the Public Health 
Service Act to carry out national health or human services research and 
evaluation activities: Provided, That of the funds made available under 
this heading for carrying out title XX of the Public Health Service 
Act, $13,120,000 shall be for activities specified under section 
2003(b)(2), all of which shall be for prevention service demonstration 
grants under section 510(b)(2) of title V of the Social Security Act, 
as amended, without application of the limitation of section 2010(c) of 
said title XX: Provided further, That of this amount, $52,415,000 shall 
be for minority AIDS prevention and treatment activities; and 
$5,952,000 shall be to assist Afghanistan in the development of 
maternal and child health clinics, consistent with section 103(a)(4)(H) 
of the Afghanistan Freedom Support Act of 2002.

                            Medicare Appeals

    For expenses necessary for administrative law judges responsible 
for hearing cases under title XVIII of the Social Security Act (and 
related provisions of title XI of such Act), $60,000,000, to be 
transferred in appropriate part from the Federal Hospital Insurance and 
the Federal Supplementary Medical Insurance Funds.

                     Health Information Technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts and 
cooperative agreements for the development and advancement of an 
interoperable national health information technology infrastructure, 
$58,100,000: Provided, That in addition to amounts provided herein, 
$16,900,000 shall be available from amounts under section 241 of the 
Public Health Service Act to carry out health information technology 
network development.

                      Office of Inspector General

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $39,813,000: Provided, That of such amount, necessary sums are 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228.

                        Office for Civil Rights

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

     Retirement Pay and Medical Benefits for Commissioned Officers

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

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, disease, nuclear, radiological and chemical 
threats to civilian populations, and to ensure a year-round influenza 
vaccine production capacity, the development and implementation of 
rapidly expandable influenza vaccine production technologies, and if 
determined necessary by the Secretary, the purchase of influenza 
vaccine, $183,589,000: Provided, That $120,000,000 of amounts available 
for influenza preparedness shall remain available until expended: 
Provided further, That, in addition to the amount above, $8,589,000 
shall be transferred from amounts appropriated under the head ``Disease 
Control, Research, and Training'' for activities authorized by section 
319F-2(a) of the Public Health Service Act to be utilized consistent 
with section 319F-2(c)(7)(B)(ii) of such Act.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399F(b) of the Public Health Service Act or 
section 1503 of the National Institutes of Health Revitalization Act of 
1993, Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, 
through a grant or other extramural mechanism, at a rate in excess of 
Executive Level I.
    Sec. 205. None of the funds appropriated in this title for Head 
Start shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.
    Sec. 206. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.
    Sec. 207. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but not 
more than 1.3 percent, of any amounts appropriated for programs 
authorized under said Act shall be made available for the evaluation 
(directly, or by grants or contracts) of the implementation and 
effectiveness of such programs.

                          (transfer of funds)

    Sec. 208. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Health and Human Services in this Act may be 
transferred between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Provided, That 
an appropriation may be increased by up to an additional 2 percent 
subject to approval by the House and Senate Committees on 
Appropriations: Provided further, That the transfer authority granted 
by this section shall be available only to meet emergency needs and 
shall not be used to create any new program or to fund any project or 
activity for which no funds are provided in this Act: Provided further, 
That the Appropriations Committees of both Houses of Congress are 
notified at least 15 days in advance of any transfer.

                          (transfer of funds)

    Sec. 209. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes and centers from the total amounts 
identified by these two Directors as funding for research pertaining to 
the human immunodeficiency virus: Provided, That the Congress is 
promptly notified of the transfer.

                          (transfer of funds)

    Sec. 210. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS 
Research'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 211. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary that it 
encourages family participation in the decision of minors to seek 
family planning services and that it provides counseling to minors on 
how to resist attempts to coerce minors into engaging in sexual 
activities.
    Sec. 212. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary denies participation in 
such program to an otherwise eligible entity (including a Provider 
Sponsored Organization) because the entity informs the Secretary that 
it will not provide, pay for, provide coverage of, or provide referrals 
for abortions: Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare Advantage 
organization described in this section shall be responsible for 
informing enrollees where to obtain information about all Medicare 
covered services.
    Sec. 213. Notwithstanding any other provision of law, no provider 
of services under title X of the Public Health Service Act shall be 
exempt from any State law requiring notification or the reporting of 
child abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 214. (a) Except as provided by subsection (e) none of the 
funds appropriated by this Act may be used to withhold substance abuse 
funding from a State pursuant to section 1926 of the Public Health 
Service Act (42 U.S.C. 300x-26) if such State certifies to the 
Secretary of Health and Human Services by May 1, 2006, that the State 
will commit additional State funds, in accordance with subsection (b), 
to ensure compliance with State laws prohibiting the sale of tobacco 
products to individuals under 18 years of age.
    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses 
the retailer compliance rate goal established by the Secretary of 
Health and Human Services under section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2006 
for tobacco prevention programs and for compliance activities at a 
level that is not less than the level of such expenditures maintained 
by the State for fiscal year 2005, and adding to that level the 
additional funds for tobacco compliance activities required under 
subsection (a). The State is to submit a report to the Secretary on all 
fiscal year 2005 State expenditures and all fiscal year 2006 
obligations for tobacco prevention and compliance activities by program 
activity by July 31, 2006.
    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2006.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 from a 
territory that receives less than $1,000,000.
    Sec. 215. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease, 
and other health activities abroad during fiscal year 2006, the 
Secretary of Health and Human Services--
            (1) may exercise authority equivalent to that available to 
        the Secretary of State in section 2(c) of the State Department 
        Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The 
        Secretary of Health and Human Services shall consult with the 
        Secretary of State and relevant Chief of Mission to ensure that 
        the authority provided in this section is exercised in a manner 
        consistent with section 207 of the Foreign Service Act of 1980 
        (22 U.S.C. 3927) and other applicable statutes administered by 
        the Department of State, and
            (2) is authorized to provide such funds by advance or 
        reimbursement to the Secretary of State as may be necessary to 
        pay the costs of acquisition, lease, alteration, renovation, 
        and management of facilities outside of the United States for 
        the use of the Department of Health and Human Services. The 
        Department of State shall cooperate fully with the Secretary of 
        Health and Human Services to ensure that the Department of 
        Health and Human Services has secure, safe, functional 
        facilities that comply with applicable regulation governing 
        location, setback, and other facilities requirements and serve 
        the purposes established by this Act. The Secretary of Health 
        and Human Services is authorized, in consultation with the 
        Secretary of State, through grant or cooperative agreement, to 
        make available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS 
        and other infectious diseases, chronic and environmental 
        diseases, and other health activities abroad.
    Sec. 216. The Division of Federal Occupational Health hereafter may 
utilize personal services contracting to employ professional 
management/administrative and occupational health professionals.
    Sec. 217. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health may use funds 
available under section 402(i) of the Public Health Service Act (42 
U.S.C. 282(i)) to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research in support of 
the NIH Roadmap for Medical Research.
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director of the National Institutes of Health may utilize such 
peer review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appropriate to 
obtain assessments of scientific and technical merit. Such procedures 
shall apply to such transactions in lieu of the peer review and 
advisory council review procedures that would otherwise be required 
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the Public Health Service Act (42 U.S.C. 241, 284(b)(1)(B), 
284(b)(2), 284a(a)(3)(A), 289a, and 289c).
    Sec. 218. Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention and the Agency for Toxic Substances and Disease Registry may 
be transferred to ``Disease Control, Research, and Training,'' to be 
available only for Individual Learning Accounts: Provided, That such 
funds may be used for any individual full-time equivalent employee 
while such employee is employed either by CDC or ATSDR.
    Sec. 219. $15,912,000 of the unobligated balance of the Health 
Professions Student Loan program authorized in subpart II, Federally-
Supported Student Loan Funds, of title VII of the Public Health Service 
Act is rescinded.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2006''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $14,728,735,000, of which $7,144,426,000 shall become available 
on July 1, 2006, and shall remain available through September 30, 2007, 
and of which $7,383,301,000 shall become available on October 1, 2006, 
and shall remain available through September 30, 2007, for academic 
year 2006-2007: Provided, That $6,934,854,000 shall be available for 
basic grants under section 1124: Provided further, That up to 
$3,472,000 of these funds shall be available to the Secretary of 
Education on October 1, 2005, to obtain annually updated educational-
agency-level census poverty data from the Bureau of the Census: 
Provided further, That $1,365,031,000 shall be available for 
concentration grants under section 1124A: Provided further, That 
$2,269,843,000 shall be available for targeted grants under section 
1125: Provided further, That $2,269,843,000 shall be available for 
education finance incentive grants under section 1125A: Provided 
further, That $9,424,000 shall be available to carry out part E of 
title I: Provided further, That $10,000,000 shall be available for 
comprehensive school reform grants under part F of the ESEA.

                               Impact Aid

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

                      School Improvement Programs

    For carrying out school improvement activities authorized by titles 
II, part B of title IV, part A of title V, parts A and B of title VI, 
and parts B and C of title VII of the Elementary and Secondary 
Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless 
Assistance Act; section 203 of the Educational Technical Assistance Act 
of 2002; the Compact of Free Association Amendments Act of 2003; and 
the Civil Rights Act of 1964, $5,393,765,000, of which $3,805,882,000 
shall become available on July 1, 2006, and remain available through 
September 30, 2007, and of which $1,435,000,000 shall become available 
on October 1, 2006, and shall remain available through September 30, 
2007, for academic year 2006-2007: Provided, That $411,680,000 shall be 
for State assessments and related activities authorized under sections 
6111 and 6112 of the ESEA: Provided further, That $56,825,000 shall be 
available to carry out section 203 of the Educational Technical 
Assistance Act of 2002: Provided further, That $12,132,000 shall be 
available to carry out the Supplemental Education Grants program for 
the Federated States of Micronesia, and $6,051,000 shall be available 
to carry out the Supplemental Education Grants program for the Republic 
of the Marshall Islands: Provided further, That up to 5 percent of 
these amounts may be reserved by the Federated States of Micronesia and 
the Republic of the Marshall Islands to administer the Supplemental 
Education Grants programs and to obtain technical assistance, oversight 
and consultancy services in the administration of these grants and to 
reimburse the United States Departments of Labor, Health and Human 
Services, and Education for such services.

                            Indian Education

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

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), $708,522,000: Provided, That $36,981,000 shall be 
for subpart 2 of part B of title V: Provided further, That $127,000,000 
shall be available to carry out part D of title V of the ESEA, of which 
$100,000,000 of the funds for subpart 1 shall be for competitive grants 
to local educational agencies, including charter schools that are local 
educational agencies, or States, or partnerships of (1) a local 
educational agency, a State, or both and (2) at least one non-profit 
organization to develop and implement performance-based teacher and 
principal compensation systems in high-need areas: Provided further, 
That such performance-based compensation systems must consider gains in 
student achievement, among other factors, and may reward educators who 
choose to work in hard-to-staff schools: Provided further, That up to 
$700,000 of the funds available under title V, part D, subpart 1 of the 
ESEA may be used for evaluation of the program carried out under the DC 
School Choice Incentive Act of 2003.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3, and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $763,870,000, of which $400,000,000, shall become available 
on July 1, 2006, and remain available through September 30, 2007: 
Provided, That $400,000,000 shall be available for subpart 1 of part A 
of title IV and $152,537,000 shall be available for subpart 2 of part A 
of title IV: Provided further, That $132,621,000 shall be available to 
carry out part D of title V of the ESEA: Provided further, That of the 
funds available to carry out subpart 3 of part C of title II, up to 
$12,193,000 may be used to carry out section 2345 and $3,035,000 shall 
be used by the Center for Civic Education to implement a comprehensive 
program to improve public knowledge, understanding, and support of the 
Congress and the State legislatures.

                      English Language Acquisition

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

                           Special Education

    For carrying out the Individuals with Disabilities Education Act, 
$11,813,783,000, of which $6,202,804,000 shall become available for 
obligation on July 1, 2006, and shall remain available through 
September 30, 2007, and of which $5,413,000,000 shall become available 
on October 1, 2006, and shall remain available through September 30, 
2007, for academic year 2006-2007: Provided, That $11,400,000 shall be 
for Recording for the Blind and Dyslexic, Inc., to support the 
development, production, and circulation of recorded educational 
materials: Provided further, That the amount for section 611(b)(2) of 
the Act shall be equal to the amount available for that activity during 
fiscal year 2005, increased by the amount of inflation as specified in 
section 619(d)(2)(B) of the Act.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the 
AT Act''), and the Helen Keller National Center Act, $3,128,638,000: 
Provided, That $29,760,000 shall be used for carrying out the AT Act, 
including $4,385,000 for State grants for protection and advocacy under 
section 5 of the AT Act and $5,086,000 shall be for alternative 
financing programs under section 4(b)(2)(D) of the AT Act: Provided 
further, That the Federal share of grants for alternative financing 
programs shall not exceed 75 percent, and the requirements in section 
301(c)(2) and section 302 of the AT Act (as in effect on the day before 
the date of enactment of the Assistive Technology Act of 2004) shall 
not apply to such grants.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $17,000,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $56,137,000, of which $800,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $107,657,000: Provided, That from the 
total amount available, the University may at its discretion use funds 
for the endowment program as authorized under section 207.

                     Vocational and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Technical Education Act of 1998, the Adult 
Education and Family Literacy Act, and subparts 4 and 11 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $1,991,782,000, of which $1,196,058,000 shall become 
available on July 1, 2006, and shall remain available through September 
30, 2007, and of which $791,000,000 shall become available on October 
1, 2006, and shall remain available through September 30, 2007: 
Provided, That of the amount provided for Adult Education State Grants, 
$68,581,000 shall be made available for integrated English literacy and 
civics education services to immigrants and other limited English 
proficient populations: Provided further, That of the amount reserved 
for integrated English literacy and civics education, notwithstanding 
section 211 of the Adult Education and Family Literacy Act, 65 percent 
shall be allocated to States based on a State's absolute need as 
determined by calculating each State's share of a 10-year average of 
the Immigration and Naturalization Service data for immigrants admitted 
for legal permanent residence for the 10 most recent years, and 35 
percent allocated to States that experienced growth as measured by the 
average of the 3 most recent years for which Immigration and 
Naturalization Service data for immigrants admitted for legal permanent 
residence are available, except that no State shall be allocated an 
amount less than $60,000: Provided further, That of the amounts made 
available for the Adult Education and Family Literacy Act, $9,096,000 
shall be for national leadership activities under section 243 and 
$6,638,000 shall be for the National Institute for Literacy under 
section 242: Provided further, That $94,476,000 shall be available to 
support the activities authorized under subpart 4 of part D of title V 
of the Elementary and Secondary Education Act of 1965, of which up to 5 
percent shall become available October 1, 2005, and shall remain 
available through September 30, 2007, for evaluation, technical 
assistance, school networking, peer review of applications, and program 
outreach activities, and of which not less than 95 percent shall become 
available on July 1, 2006, and remain available through September 30, 
2007, for grants to local educational agencies: Provided further, That 
funds made available to local education agencies under this subpart 
shall be used only for activities related to establishing smaller 
learning communities in high schools.

                      Student Financial Assistance

    For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$15,283,752,000, which shall remain available through September 30, 
2007.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2006-2007 shall be $4,100.

                       Student Aid Administration

    For Federal administrative expenses (in addition to funds made 
available under section 458), to carry out part D of title I, and 
subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title IV of 
the Higher Education Act of 1965, as amended, $124,084,000.

                            Higher Education

    For carrying out, to the extent not otherwise provided, section 121 
and titles II, III, IV, V, VI, and VII of the Higher Education Act of 
1965 (``HEA''), as amended, section 1543 of the Higher Education 
Amendments of 1992, the Mutual Educational and Cultural Exchange Act of 
1961, and section 117 of the Carl D. Perkins Vocational and Technical 
Education Act, $1,936,936,000: Provided, That $9,797,000, to remain 
available through September 30, 2007, shall be available to fund 
fellowships for academic year 2007-2008 under part A, subpart 1 of 
title VII of said Act, under the terms and conditions of part A, 
subpart 1: Provided further, That notwithstanding any other provision 
of law or any regulation, the Secretary of Education shall not require 
the use of a restricted indirect cost rate for grants issued pursuant 
to section 117 of the Carl D. Perkins Vocational and Technical 
Education Act of 1998: Provided further, That $980,000 is for data 
collection and evaluation activities for programs under the HEA, 
including such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made available in 
this Act to carry out title VI of the HEA and section 102(b)(6) of the 
Mutual Educational and Cultural Exchange Act of 1961 may be used to 
support visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies in areas that are vital to United States national security and 
who plan to apply their language skills and knowledge of these 
countries in the fields of government, the professions, or 
international development: Provided further, That of the funds referred 
to in the preceding proviso up to 1 percent may be used for program 
evaluation, national outreach, and information dissemination 
activities: Provided further, That the funds provided for title II of 
the HEA shall be allocated notwithstanding section 210 of such Act.

                           Howard University

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$240,790,000, of which not less than $3,524,000 shall be for a matching 
endowment grant pursuant to the Howard University Endowment Act (Public 
Law 98-480) and shall remain available until expended.

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, as amended, the National Assessment of Educational 
Progress Authorization Act, section 208 of the Educational Technical 
Assistance Act of 2002, and section 664 of the Individuals with 
Disabilities Education Act, $522,696,000, of which $271,560,000 shall 
be available until September 30, 2007.

                        Departmental Management

                         Program Administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $418,992,000.

                        Office for Civil Rights

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

                    Office of the Inspector General

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

                           GENERAL PROVISIONS

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

                          (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of 
Education in this Act may be transferred between appropriations, but no 
such appropriation shall be increased by more than 3 percent by any 
such transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 305. In addition, for carrying out subpart 1 of part A of 
title IV of the Higher Education Act of 1965, $4,300,000,000 for the 
purpose of eliminating the estimated accumulated shortfall of budget 
authority for such subpart for awards made through the award year 2005-
2006, pursuant to section 303 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2006''.

                       TITLE IV--RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

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

             Corporation for National and Community Service

        Domestic Volunteer Service Programs, Operating Expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $357,962,000: Provided, That none of 
the funds made available to the Corporation for National and Community 
Service in this Act for activities authorized by section 122 of part C 
of title I and part E of title II of the Domestic Volunteer Service Act 
of 1973 shall be used to provide stipends or other monetary incentives 
to volunteers or volunteer leaders whose incomes exceed 125 percent of 
the national poverty level: Provided further, That notwithstanding 
section 122(c) of the Act, the Corporation shall make available up to 
$2,000,000 under part C of title I of the Act in a grant to support 
Teach for America's efforts to address educational inequity in low-
income rural and urban communities.

      National and Community Service Programs, Operating Expenses

                     (including transfer of funds)

    For necessary expenses for the Corporation for National and 
Community Service (the ``Corporation'') in carrying out programs, 
activities, and initiatives under the National and Community Service 
Act of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $523,087,000, to 
remain available until September 30, 2007: Provided, That not more than 
$270,000,000 of the amount provided under this heading shall be 
available for grants under the National Service Trust Program 
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et 
seq.) (relating to activities of the AmeriCorps program), including 
grants to organizations operating projects under the AmeriCorps 
Education Awards Program (without regard to the requirements of 
sections 121 (d) and (e), section 131(e), section 132, and sections 140 
(a), (d), and (e) of the Act): Provided further, That not less than 
$146,000,000 of the amount provided under this heading, to remain 
available without fiscal year limitation, shall be transferred to the 
National Service Trust for educational awards authorized under subtitle 
D of title I of the Act (42 U.S.C. 12601), of which up to $4,000,000 
shall be available to support national service scholarships for high 
school students performing community service, and of which $10,000,000 
shall be held in reserve as defined in Public Law 108-45: Provided 
further, That in addition to amounts otherwise provided to the National 
Service Trust under the second proviso, the Corporation may transfer 
funds from the amount provided under the first proviso, to the National 
Service Trust authorized under subtitle D of title I of the Act (42 
U.S.C. 12601) upon determination that such transfer is necessary to 
support the activities of national service participants and after 
notice is transmitted to Congress: Provided further, That of the amount 
provided under this heading for grants under the National Service Trust 
program authorized under subtitle C of title I of the Act, not more 
than $55,000,000 may be used to administer, reimburse, or support any 
national service program authorized under section 121(d)(2) of such Act 
(42 U.S.C. 12581(d)(2)): Provided further, That not more than 
$9,945,000 shall be available for quality and innovation activities 
authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et 
seq.), of which $4,000,000 shall be available for challenge grants to 
non-profit organizations: Provided further, That notwithstanding 
subtitle H of title I of the Act (42 U.S.C. 12853), none of the funds 
provided under the previous proviso shall be used to support salaries 
and related expenses (including travel) attributable to Corporation 
employees: Provided further, That to the maximum extent feasible, funds 
appropriated under subtitle C of title I of the Act shall be provided 
in a manner that is consistent with the recommendations of peer review 
panels in order to ensure that priority is given to programs that 
demonstrate quality, innovation, replicability, and sustainability: 
Provided further, That $25,500,000 of the funds made available under 
this heading shall be available for the Civilian Community Corps 
authorized under subtitle E of title I of the Act (42 U.S.C. 12611 et 
seq.): Provided further, That $40,000,000 shall be available for 
school-based and community-based service-learning programs authorized 
under subtitle B of title I of the Act (42 U.S.C. 12521 et seq.): 
Provided further, That $4,000,000 shall be available for audits and 
other evaluations authorized under section 179 of the Act (42 U.S.C. 
12639): Provided further, That $10,000,000 of the funds made available 
under this heading shall be made available for the Points of Light 
Foundation for activities authorized under title III of the Act (42 
U.S.C. 12661 et seq.), of which not more than $2,500,000 may be used to 
support an endowment fund, the corpus of which shall remain intact and 
the interest income from which shall be used to support activities 
described in title III of the Act, provided that the Foundation may 
invest the corpus and income in federally insured bank savings accounts 
or comparable interest bearing accounts, certificates of deposit, money 
market funds, mutual funds, obligations of the United States, and other 
market instruments and securities but not in real estate investments: 
Provided further, That no funds shall be available for national service 
programs run by Federal agencies authorized under section 121(b) of 
such Act (42 U.S.C. 12571(b)): Provided further, That $5,000,000 of the 
funds made available under this heading shall be made available to 
America's Promise--The Alliance for Youth, Inc.: Provided further, That 
to the maximum extent practicable, the Corporation shall increase 
significantly the level of matching funds and in-kind contributions 
provided by the private sector, and shall reduce the total Federal 
costs per participant in all programs: Provided further, That 
notwithstanding section 501(a)(4) of the Act, of the funds provided 
under this heading, not more than $12,642,000 shall be made available 
to provide assistance to state commissions on national and community 
service under section 126(a) of the Act: Provided further, That the 
Corporation may use up to one percent of program grant funds made 
available under this heading to defray its costs of conducting grant 
application reviews, including the use of outside peer reviewers.

     national and community service programs salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C. 
12501 et seq.) including payment of salaries, authorized travel, hire 
of passenger motor vehicles, the rental of conference rooms in the 
District of Columbia, the employment of experts and consultants 
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official 
reception and representation expenses, $27,000,000.

                      office of inspector general

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

                       administrative provisions

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

                  Corporation for Public Broadcasting

                         (including rescission)

    Of the amounts made available to the Corporation for Public 
Broadcasting for fiscal year 2006 by Public Law 108-199, $100,000,000 
is rescinded; up to $30,000,000 is available for grants associated with 
the transition of public television to digital broadcasting including 
costs related to transmission equipment and program production, 
development, and distribution, to be awarded as determined by the 
Corporation in consultation with public television licensees or 
permittees, or their designated representatives, and up to $52,000,000 
is available pursuant to section 396(k)(10) of the Communications Act 
of 1934, as amended, for replacement and upgrade of the public 
television interconnection system: Provided, That section 396(k)(3) 
shall apply only to amounts remaining after the allocations made 
herein.
    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for fiscal year 
2008, $400,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$42,331,000: Provided, That notwithstanding 31 U.S.C. 3302, fees 
charged, up to full-cost recovery, for special training activities and 
other conflict resolution services and technical assistance, including 
those provided to foreign governments and international organizations, 
and for arbitration services shall be credited to and merged with this 
account, and shall remain available until expended: Provided further, 
That fees for arbitration services shall be available only for 
education, training, and professional development of the agency 
workforce: Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States gifts of 
services and real, personal, or other property in the aid of any 
projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

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

                Institute of Museum and Library Services

    Office of Museum and Library Services: Grants and Administration

    For carrying out the Museum and Library Services Act of 1996, 
$249,640,000, to remain available until expended.

                  Medicare Payment Advisory Commission

                         salaries and expenses

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

        National Commission on Libraries and Information Science

                         salaries and expenses

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

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$2,800,000.

                     National Labor Relations Board

                         salaries and expenses

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

                        National Mediation Board

                         salaries and expenses

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

            Occupational Safety and Health Review Commission

                         salaries and expenses

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

                       Railroad Retirement Board

                     dual benefits payments account

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

          Federal Payments to the Railroad Retirement Accounts

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

                      Limitation on Administration

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

             Limitation on the Office of Inspector General

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

                     Social Security Administration

                Payments to Social Security Trust Funds

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

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$29,533,174,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2007, $11,110,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $15,000 for official reception and 
representation expenses, not more than $9,159,700,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,000,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under 
this paragraph at the end of fiscal year 2006 not needed for fiscal 
year 2006 shall remain available until expended to invest in the Social 
Security Administration information technology and telecommunications 
hardware and software infrastructure, including related equipment and 
non-payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to section 7131 of title 5, United States Code, 
and for facilities or support services for labor organizations pursuant 
to policies, regulations, or procedures referred to in section 7135(b) 
of such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made.
    In addition, $119,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 2006 exceed $119,000,000, the amounts shall be available in 
fiscal year 2007 only to the extent provided in advance in 
appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act 
(Public Law 108-203), which shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $26,000,000, together with not to exceed $66,805,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House and Senate.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Salaries 
and expenses, Federal Mediation and Conciliation Service''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``Salaries and expenses, 
National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.
    Sec. 506. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 507. (a) None of the funds appropriated under this Act, and 
none of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for any abortion.
    (b) None of the funds appropriated under this Act, and none of the 
funds in any trust fund to which funds are appropriated under this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled Substances Act 
(21 U.S.C. 812).
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 512. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving the 
standard.
    Sec. 513. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514. None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act (20 
U.S.C. 9134(f)), as amended by the Children's Internet Protections Act, 
unless such library has made the certifications required by paragraph 
(4) of such section.
    Sec. 515. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act (20 U.S.C. 
6777(a)), as amended by the Children's Internet Protections Act and the 
No Child Left Behind Act, unless the local educational agency with 
responsibility for such covered school has made the certifications 
required by paragraph (2) of such section.
    Sec. 516. None of the funds appropriated in this Act may be used to 
enter into an arrangement under section 7(b)(4) of the Railroad 
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental 
financial institution to serve as disbursing agent for benefits payable 
under the Railroad Retirement Act of 1974.
    Sec. 517. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2006, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming or of an announcement 
of intent relating to such reprogramming, whichever occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2006, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming or of an announcement 
of intent relating to such reprogramming, whichever occurs earlier.
    Sec. 518. Section 1015(b) of Public Law 108-173 is amended by 
striking ``2005'' and inserting ``2006''.
    Sec. 519. (a) None of the funds made available in this Act may be 
used for the payment or reimbursement, including payment or 
reimbursement under the programs described in subsection (b), of a drug 
that is prescribed to an individual described in subsection (c) for the 
treatment of sexual or erectile dysfunction.
    (b) The programs described in this subsection are the medicaid 
program, the medicare program, and health related programs funded under 
the Public Health Service Act.
    (c) An individual described in this subsection is an individual who 
has a conviction for sexual abuse, sexual assault, or any other sexual 
offense, and includes any individual who is registered (or who is a 
person required to register) under section 170101 or 170102 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071, 
14072).
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related 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 Labor, Health and Human 
   Services, and Education, and Related Agencies for the fiscal year 
           ending September 30, 2006, and for other purposes.

_______________________________________________________________________

                             June 21, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```