PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2833

Public Law 109–149

109th Congress

An Act

Making appropriations for the Departments of Labor, Health and Human Services,

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

2006, and for other purposes.

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, the Denali Commission Act of 1998, and the Women in

Apprenticeship and Non-Traditional Occupations Act of 1992,

including the purchase and hire of passenger motor vehicles, the

construction, alteration, and repair of buildings and other facilities,

and the purchase of real property for training centers as authorized

by the Workforce Investment Act of 1998; $2,652,411,000 plus

reimbursements, of which $1,688,411,000 is available for obligation

for the period July 1, 2006, through June 30, 2007; except that

amounts determined by the Secretary of Labor to be necessary

pursuant to sections 173(a)(4)(A) and 174(c) of the Workforce Investment Act of 1998 shall be available from October 1, 2005, until

expended; and of which $950,000,000 is available for obligation

for the period April 1, 2006, through June 30, 2007, to carry

out chapter 4 of the Workforce Investment Act of 1998; and of

which $8,000,000 is available for the period July 1, 2006, through

June 30, 2009, for necessary expenses of construction, rehabilitation,

and acquisition of Job Corps centers: Provided, That notwithstanding any other provision of law, of the funds provided herein

under section 137(c) of the Workforce Investment Act of 1998,

$282,800,000 shall be for activities described in section 132(a)(2)(A)

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

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

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

Grants, which shall be from funds reserved under section

Department of

Labor

Appropriations

Act, 2006.

Departments of

Labor, Health

and Human

Services, and

Education, and

Related Agencies

Appropriations

Act, 2006.

Dec. 30, 2005

[H.R. 3010]

119 STAT. 2834 PUBLIC LAW 109–149—DEC. 30, 2005

132(a)(2)(A) of the Workforce Investment Act of 1998 and shall

be used to carry out such grants under section 171(d) of such

Act, except that the 10 percent limitation otherwise applicable

to the amount of funds that may be used to carry out section

171(d) shall not be applicable to funds used for Community-Based

Job Training grants: Provided further, That funds provided to carry

out section 132(a)(2)(A) of the Workforce Investment Act of 1998

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

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

dislocations across multiple sectors or across multiple local areas

and such workers remain dislocated; coordinate the State workforce

development plan with emerging economic development needs; and

train such eligible dislocated workers: Provided further, That

$7,936,000 shall be for carrying out section 172 of the Workforce

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

for carrying out Public Law 102–530: Provided further, That, notwithstanding any other provision of law or related regulation,

$80,557,000 shall be for carrying out section 167 of the Workforce

Investment Act of 1998, including $75,053,000 for formula grants,

$5,000,000 for migrant and seasonal housing (of which not less

than 70 percent shall be for permanent housing), and $504,000

for other discretionary purposes, and that the Department shall

take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees

from providing such services: Provided further, That notwithstanding the transfer limitation under section 133(b)(4) of such

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

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

funds provided to carry out section 171(d) of the Workforce Investment Act of 1998 may be used for demonstration projects that

provide assistance to new entrants in the workforce and incumbent

workers: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps

centers.

For necessary expenses of the Workforce Investment Act of

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

the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as

authorized by the Act; $2,463,000,000 plus reimbursements, of

which $2,363,000,000 is available for obligation for the period

October 1, 2006, through June 30, 2007, and of which $100,000,000

is available for the period October 1, 2006, through June 30, 2009,

for necessary expenses of construction, rehabilitation, and acquisition of Job Corps centers.

Of the funds provided under this heading in Public Law 108–

7 to carry out section 173(a)(4)(A) of the Workforce Investment

Act of 1998, $20,000,000 are rescinded.

Of the funds provided under this heading in Public Law 107–

117, $5,000,000 are 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, or to modify, through regulatory

or administrative action, the procedure for redesignation of local

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2835

areas as specified in subtitle B of title I of that Act (including

applying the standards specified in section 116(a)(3)(B) of that

Act, but notwithstanding the time limits specified in section

116(a)(3)(B) of that Act), until such time as legislation reauthorizing

the Act is enacted. Nothing in the preceding sentence shall permit

or require the Secretary of Labor to withdraw approval for such

redesignation from a State that received the approval not later

than October 12, 2005, or to revise action taken or modify the

redesignation procedure being used by the Secretary in order to

complete such redesignation for a State that initiated the process

of such redesignation by submitting any request for such redesignation not later than October 26, 2005.

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965, as

amended, $436,678,000.

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of trade adjustment

benefit payments and allowances under part I and section 246;

and for training, allowances for job search and relocation, and

related State administrative expenses under part II of chapter

2, title II of the Trade Act of 1974 (including the benefits and

services described under sections 123(c)(2) and 151(b) and (c) of

the Trade Adjustment Assistance Reform Act of 2002, Public Law

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

necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current

year.

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $125,312,000, together with not to exceed $3,266,766,000 (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), 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 $125,312,000,

together with not to exceed $700,000,000 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)

119 STAT. 2836 PUBLIC LAW 109–149—DEC. 30, 2005

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

Provided, That to the extent that the Average Weekly Insured

Unemployment (AWIU) for fiscal year 2006 is projected by the

Department of Labor to exceed 2,800,000, an additional $28,600,000

shall be available for obligation for every 100,000 increase in the

AWIU level (including a pro rata amount for any increment less

than 100,000) from the Employment Security Administration

Account of the Unemployment Trust Fund: Provided further, That

funds appropriated in this Act which are used to establish a national

one-stop career center system, or which are used to support the

national activities of the Federal-State unemployment insurance

or immigration programs, may be obligated in contracts, grants

or agreements with non-State entities: Provided further, That funds

appropriated in this Act for activities authorized under the WagnerPeyser 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.

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as

authorized by sections 905(d) and 1203 of the Social Security Act,

as amended, and to the Black Lung Disability Trust Fund as

authorized by section 9501(c)(1) of the Internal Revenue Code of

1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United

States Code, and to the ‘‘Federal unemployment benefits and allowances’’ account, to remain available until September 30, 2007,

$465,000,000.

In addition, for making repayable advances to the Black Lung

Disability Trust Fund in the current fiscal year after September

15, 2006, for costs incurred by the Black Lung Disability Trust

Fund in the current fiscal year, such sums as may be necessary.

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $117,123,000, together with not to exceed $82,877,000, which

may be expended from the Employment Security Administration

Account in the Unemployment Trust Fund.

WORKERS COMPENSATION PROGRAMS

(RESCISSION)

Of funds provided under this heading in the Emergency Supplemental Appropriations Act, 2002 (Public Law 107–117, division

B), $120,000,000 are rescinded.

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

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

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2837

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized to

make such expenditures, including financial assistance authorized

by section 104 of Public Law 96–364, within limits of funds and

borrowing authority available to such Corporation, and in accord

with law, and to make such contracts and commitments without

regard to fiscal year limitations as provided by section 104 of

the Government Corporation Control Act, as amended (31 U.S.C.

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

associated administrative expenses, through September 30, 2006,

for such Corporation: Provided, That none of the funds available

to the Corporation for fiscal year 2006 shall be available for obligations for administrative expenses in excess of $296,978,000: Provided further, That obligations in excess of such amount may be

incurred after approval by the Office of Management and Budget

and the Committees on Appropriations of the House and Senate.

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employment Standards

Administration, including reimbursement to State, Federal, and

local agencies and their employees for inspection services rendered,

$413,168,000, 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

119 STAT. 2838 PUBLIC LAW 109–149—DEC. 30, 2005

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

a reemployed, disabled beneficiary: Provided further, That balances

of reimbursements unobligated on September 30, 2005, shall remain

available until expended for the payment of compensation, benefits,

and expenses: Provided further, That in addition there shall be

transferred to this appropriation from the Postal Service and from

any other corporation or instrumentality required under section

8147(c) of title 5, United States Code, to pay an amount for its

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

determines to be the cost of administration for employees of such

fair share entities through September 30, 2006: Provided further,

That of those funds transferred to this account from the fair share

entities to pay the cost of administration of the Federal Employees’

Compensation Act, $53,695,000 shall be made available to the Secretary as follows:

(1) For enhancement and maintenance of automated data

processing systems and telecommunications systems,

$13,305,000.

(2) For automated workload processing operations,

including document imaging, centralized mail intake and medical bill processing, $27,148,000.

(3) For periodic roll management and medical review,

$13,242,000.

(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

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2839

account number) as may be prescribed: Provided further, That not

later than 30 days after enactment, in addition to other sums

transferred by the Secretary of Labor to the National Institute

for Occupational Safety and Health (‘‘NIOSH’’) for the administration of the Energy Employees Occupational Illness Compensation

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

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

Employees Occupational Illness Compensation Fund (42 U.S.C.

7384e), for use by or in support of the Advisory Board on Radiation

and Worker Health (‘‘the Board’’) to carry out its statutory responsibilities under EEOICPA (42 U.S.C. 7384n–q), including obtaining

audits, technical assistance and other support from the Board’s

audit contractor with regard to radiation dose estimation and

reconstruction efforts, site profiles, procedures, and review of Special

Exposure Cohort petitions and evaluation reports.

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

In fiscal year 2006 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund, to remain available until expended, for payment of all benefits authorized by

section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code

of 1954, as amended; and interest on advances, as authorized by

section 9501(c)(2) of that Act. In addition, the following amounts

shall be available from the Fund for fiscal year 2006 for expenses

of operation and administration of the Black Lung Benefits program,

as authorized by section 9501(d)(5): $33,050,000 for transfer to

the Employment Standards Administration ‘‘Salaries and

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

‘‘Salaries and Expenses’’; $344,000 for transfer to Departmental

Management ‘‘Office of Inspector General’’; and $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health

Administration, $477,199,000, 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,

29 USC 670 note.

26 USC 9501

note.

Deadline.

119 STAT. 2840 PUBLIC LAW 109–149—DEC. 30, 2005

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.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2841

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 firstaid 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): Provided, That the Current

Employment Survey shall maintain the content of the survey issued

prior to June 2005 with respect to the collection of data for the

women worker series.

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment

Policy to provide leadership, develop policy and initiatives, and

award grants furthering the objective of eliminating barriers to

the training and employment of people with disabilities,

$27,934,000.

30 USC 962.

119 STAT. 2842 PUBLIC LAW 109–149—DEC. 30, 2005

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for Departmental Management,

including the hire of three sedans, and including the management

or operation, through contracts, grants or other arrangements of

Departmental activities conducted by or through the Bureau of

International Labor Affairs, including bilateral and multilateral

technical assistance and other international labor activities,

$300,275,000, 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, $66,211,000, 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 salary of an individual,

either as direct costs or any proration as an indirect cost, at a

rate in excess of Executive Level I.

SEC. 102. Not later than 90 days after the date of enactment

of this Act, the Secretary of Labor shall permanently establish

and maintain an Office of Job Corps within the Office of the

Deadline.

Establishment.

29 USC 2883a.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2843

Secretary, in the Department of Labor, to carry out the functions

(including duties, responsibilities, and procedures) of subtitle C

of title I of the Workforce Investment Act of 1998 (29 U.S.C.

2881 et seq.). The Secretary shall appoint a senior member of

the civil service to head that Office of Job Corps and carry out

subtitle C. The Secretary shall transfer funds appropriated for

the program carried out under that subtitle C, including the

administration of such program, to the head of that Office of Job

Corps. The head of that Office of Job Corps shall have contracting

authority and shall receive support as necessary from the Assistant

Secretary for Administration and Management with respect to contracting functions and the Assistant Secretary for Policy with

respect to research and evaluation functions.

(TRANSFER OF FUNDS)

SEC. 103. Not to exceed 1 percent of any discretionary funds

(pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended) which are appropriated for the current

fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program,

project, or activity shall be increased by more than 3 percent by

any such transfer: Provided, That a program, project, or activity

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

approval by the House and Senate Committees on Appropriations:

Provided further, That the transfer authority granted by this section

shall be available only to meet emergency needs and shall not

be used to create any new program or to fund any project or

activity for which no funds are provided in this Act: Provided

further, That the Appropriations Committees of both Houses of

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

SEC. 104. 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. 105. There is authorized to be appropriated such sums

as may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where

Denali Commission projects will be constructed.

SEC. 106. For purposes of chapter 8 of division B of the Department of Defense and Emergency Supplemental Appropriations for

Recovery from and Response to Terrorist Attacks on the United

States Act, 2002 (Public Law 107–117), payments made by the

New York Workers’ Compensation Board to the New York Crime

Victims Board and the New York State Insurance Fund before

the date of the enactment of this Act shall be deemed to have

been made for workers compensation programs.

SEC. 107. The Department of Labor shall submit its fiscal

year 2007 congressional budget justifications to the Committees

on Appropriations of the House of Representatives and the Senate

in the format and level of detail used by the Department of Education in its fiscal year 2006 congressional budget justifications.

SEC. 108. The Secretary shall prepare and submit not later

than July 1, 2006, to the Committees on Appropriations of the

Senate and of the House an operating plan that outlines the planned

Deadline.

Budget.

New York.

Child labor.

Notification.

Deadline.

Appointment.

119 STAT. 2844 PUBLIC LAW 109–149—DEC. 30, 2005

allocation by major project and activity of fiscal year 2006 funds

made available for section 171 of the Workforce Investment Act.

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2006’’.

TITLE II—DEPARTMENT OF HEALTH AND HUMAN

SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

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

XXVI of the Public Health Service Act, section 427(a) of the Federal

Coal Mine Health and Safety Act, title V and sections 1128E,

and 711, and 1820 of the Social Security Act, the Health Care

Quality Improvement Act of 1986, as amended, the Native Hawaiian

Health Care Act of 1988, as amended, the Cardiac Arrest Survival

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

2004, and for expenses necessary to support activities related to

countering potential biological, disease, nuclear, radiological and

chemical threats to civilian populations, $6,629,661,000 of which

$64,180,000 from general revenues, notwithstanding section 1820(j)

of the Social Security Act, shall be available for carrying out the

Medicare rural hospital flexibility grants program under section

1820 of such Act (of which $25,000,000 is for a Delta health initiative Rural Health, Education, and Workforce Infrastructure Demonstration Program which shall solicit and fund proposals from

local governments, hospitals, universities, and rural public healthrelated entities and organizations for research development, educational programs, job training, and construction of public healthrelated facilities): Provided, That of the funds made available under

this heading, $222,000 shall be available until expended for facilities

renovations at the Gillis W. Long Hansen’s Disease Center: Provided

further, That in addition to fees authorized by section 427(b) of

the Health Care Quality Improvement Act of 1986, fees shall be

collected for the full disclosure of information under the Act sufficient to recover the full costs of operating the National Practitioner

Data Bank, and shall remain available until expended to carry

out that Act: Provided further, That fees collected for the full

disclosure of information under the ‘‘Health Care Fraud and Abuse

Data Collection Program’’, authorized by section 1128E(d)(2) of the

Social Security Act, shall be sufficient to recover the full costs

of operating the program, and shall remain available until expended

to carry out that Act: Provided further, That no more than $40,000

is available until expended for carrying out the provisions of 42

U.S.C. 233(o) including associated administrative expenses: Provided further, That no more than $45,000,000 is available until

expended for carrying out the provisions of Public Law 104–73

and for expenses incurred by the Department of Health and Human

Services pertaining to administrative claims made under such law:

Provided further, That $4,000,000 is available until expended for

the National Cord Blood Stem Cell Bank Program as described

in House Report 108–401: Provided further, That of the funds

made available under this heading, $285,963,000 shall be for the

program under title X of the Public Health Service Act to provide

for voluntary family planning projects: Provided further, That

amounts provided to said projects under such title shall not be

Department of

Health and

Human Services

Appropriations

Act, 2006.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2845

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 $117,108,000 is available for carrying out

special projects of regional and national significance pursuant to

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

provided, $39,680,000 shall be provided to the Denali Commission

as a direct lump payment pursuant to Public Law 106–113.

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

Such sums as may be necessary to carry out the purpose

of the program, as authorized by title VII of the Public Health

Service Act, as amended. For administrative expenses to carry

out the guaranteed loan program, including section 709 of the

Public Health Service Act, $2,916,000.

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program

Trust Fund, such sums as may be necessary for claims associated

with vaccine-related injury or death with respect to vaccines

administered after September 30, 1988, pursuant to subtitle 2 of

title XXI of the Public Health Service Act, to remain available

until expended: Provided, That for necessary administrative

expenses, not to exceed $3,600,000 shall be available from the

Trust Fund to the Secretary of Health and Human Services.

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

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

XXVI of the Public Health Service Act, sections 101, 102, 103,

201, 202, 203, 301, and 501 of the Federal Mine Safety and Health

Act of 1977, sections 20, 21, and 22 of the Occupational Safety

and Health Act of 1970, title IV of the Immigration and Nationality

Act, section 501 of the Refugee Education Assistance Act of 1980,

and for expenses necessary to support activities related to countering potential biological, disease, nuclear, radiological, and chemical threats to civilian populations; including purchase and insurance of official motor vehicles in foreign countries; and purchase,

hire, maintenance, and operation of aircraft, $5,884,934,000, of

which $160,000,000 shall remain available until expended for equipment, 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

119 STAT. 2846 PUBLIC LAW 109–149—DEC. 30, 2005

which $123,883,000 for international HIV/AIDS shall remain available until September 30, 2007. In addition, such sums as may

be derived from authorized user fees, which shall be credited to

this account: Provided, That in addition to amounts provided herein,

the following amounts shall be available from amounts available

under section 241 of the Public Health Service Act: (1) $12,794,000

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

to carry out the National Center for Health Statistics surveys;

(3) $24,751,000 to carry out information systems standards development and architecture and applications-based research used at local

public health levels; (4) $463,000 for Health Marketing evaluations;

(5) $31,000,000 to carry out Public Health Research; and (6)

$87,071,000 to carry out research activities within the National

Occupational Research Agenda: Provided further, That none of the

funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used, in whole

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

That up to $31,800,000 shall be made available until expended

for Individual Learning Accounts for full-time equivalent employees

of the Centers for Disease Control and Prevention: Provided further,

That the Director may redirect the total amount made available

under authority of Public Law 101–502, section 3, dated November

3, 1990, to activities the Director may so designate: Provided further, That the Congress is to be notified promptly of any such

transfer: Provided further, That not to exceed $12,500,000 may

be available for making grants under section 1509 of the Public

Health Service Act to not more than 15 States, tribes, or tribal

organizations: Provided further, That notwithstanding any other

provision of law, a single contract or related contracts for development and construction of facilities may be employed which collectively include the full scope of the project: Provided further, That

the solicitation and contract shall contain the clause ‘‘availability

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

the funds appropriated, $10,000 is for official reception and representation expenses when specifically approved by the Director

of the Centers for Disease Control and Prevention: Provided further,

That employees of the Centers for Disease Control and Prevention

or the Public Health Service, both civilian and Commissioned Officers, detailed to States, municipalities, or other organizations under

authority of section 214 of the Public Health Service Act, shall

be treated as non-Federal employees for reporting purposes only

and shall not be included within any personnel ceiling applicable

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

Services during the period of detail or assignment.

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

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

Service Act with respect to cancer, $4,841,774,000, 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.

Notification.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2847

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

(INCLUDING TRANSFER OF FUNDS)

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

Service Act with respect to allergy and infectious diseases,

$4,459,395,000: Provided, That $100,000,000 may be made available

to International Assistance Programs ‘‘Global Fund to Fight HIV/

AIDS, Malaria, and Tuberculosis’’, to remain available until

expended: Provided further, That up to $30,000,000 shall be for

extramural facilities construction grants to enhance the Nation’s

capability to do research on biological and other agents.

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

Service Act with respect to general medical sciences, $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.

119 STAT. 2848 PUBLIC LAW 109–149—DEC. 30, 2005

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, $1,110,203,000: 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.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2849

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, $482,895,000, 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 one fiscal year after the fiscal year in which

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

be available to carry out section 499 of the Public Health Service

Act: Provided further, That in addition to the transfer authority

provided above, a uniform percentage of the amounts appropriated

Notification.

119 STAT. 2850 PUBLIC LAW 109–149—DEC. 30, 2005

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: Provided further,

That the Office of AIDS Research within the Office of the Director,

NIH may spend up to $4,000,000 to make grants for construction

or renovation of facilities as provided for in section 2354(a)(5)(B)

of the Public Health Service Act: Provided further, That of the

funds provided $97,000,000 shall be for expenses necessary to support activities related to countering potential nuclear, radiological

and chemical threats to civilian populations.

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, $3,237,813,000: 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.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2851

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

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

Act, and part A of title XI of the Social Security Act, amounts

received from Freedom of Information Act fees, reimbursable and

interagency agreements, and the sale of data shall be credited

to this appropriation and shall remain available until expended:

Provided, That the amount made available pursuant to section

927(c) of the Public Health Service Act shall not exceed

$318,695,000: Provided further, That not more than $50,000,000

of these funds shall be for the development of scientific evidence

that supports the implementation and evaluation of health care

information technology systems.

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and

XIX of the Social Security Act, $156,954,419,000, to remain available until expended.

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

title XIX of the Social Security Act for the last quarter of fiscal

year 2006 for unanticipated costs, incurred for the current fiscal

year, such sums as may be necessary.

For making payments to States or in the case of section 1928

on behalf of States under title XIX of the Social Security Act

for the first quarter of fiscal year 2007, $62,783,825,000, to remain

available until expended.

Payment under title XIX may be made for any quarter with

respect to a State plan or plan amendment in effect during such

quarter, if submitted in or prior to such quarter and approved

in that or any subsequent quarter.

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal

Supplementary Medical Insurance Trust Funds, as provided under

section 1844, 1860D–16, and 1860D–31 of the Social Security Act,

sections 103(c) and 111(d) of the Social Security Amendments of

1965, section 278(d) of Public Law 97–248, and for administrative

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

Act, $177,742,200,000.

In addition, for making matching payments under section 1844,

and benefit payments under sections 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 $3,170,927,000,

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

119 STAT. 2852 PUBLIC LAW 109–149—DEC. 30, 2005

all funds collected in accordance with section 353 of the Public

Health Service Act and section 1857(e)(2) of the Social Security

Act, and such sums as may be collected from authorized user

fees and the sale of data, which shall remain available until

expended: Provided, That all funds derived in accordance with

31 U.S.C. 9701 from organizations established under title XIII

of the Public Health Service Act shall be credited to and available

for carrying out the purposes of this appropriation: Provided further,

That $24,205,000, to remain available until September 30, 2007,

is for contract costs for the Centers for Medicare and Medicaid

Services Systems Revitalization Plan: Provided further, That

$79,934,000, to remain available until September 30, 2007, is for

contract costs for the Healthcare Integrated General Ledger

Accounting System: Provided further, That funds appropriated

under this heading are available for the Healthy Start, Grow Smart

program under which the Centers for Medicare and Medicaid Services may, directly or through grants, contracts, or cooperative agreements, produce and distribute informational materials including,

but not limited to, pamphlets and brochures on infant and toddler

health care to expectant parents enrolled in the Medicaid program

and to parents and guardians enrolled in such program with infants

and children: Provided further, That the Secretary of Health and

Human Services is directed to collect fees in fiscal year 2006 from

Medicare Advantage organizations pursuant to section 1857(e)(2)

of the Social Security Act and from eligible organizations with

risk-sharing contracts under section 1876 of that Act pursuant

to section 1876(k)(4)(D) of that Act: Provided further, That to the

extent Medicare claims volume is projected by the Centers for

Medicare and Medicaid Services (CMS) to exceed 200,000,000 Part

A claims and/or 1,022,100,000 Part B claims, an additional

$32,500,000 shall be available for obligation for every 50,000,000

increase in Medicare claims volume (including a pro rata amount

for any increment less than 50,000,000) from the Federal Hospital

Insurance and the Federal Supplementary Medical Insurance Trust

Funds.

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. chapter 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.

Fees.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2853

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. chapter 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, $2,000,000,000.

For making payments under title XXVI of the Omnibus Budget

Reconciliation Act of 1981, $183,000,000, to remain available until

September 30, 2006: Provided, That these funds are for the unanticipated home energy assistance needs of one or more States, as

authorized by section 2604(e) of such Act, and notwithstanding

the designation requirement of section 2602(e) of such Act.

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), $575,579,000, 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,

119 STAT. 2854 PUBLIC LAW 109–149—DEC. 30, 2005

$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

(INCLUDING RESCISSION OF FUNDS)

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. chapter 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, $8,922,213,000, of

which $18,000,000, 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 $6,843,114,000 shall

be for making payments under the Head Start Act, of which

$1,388,800,000 shall become available October 1, 2006, and remain

available through September 30, 2007: Provided further, That

$701,590,000 shall be for making payments under the Community

Services Block Grant Act: Provided further, That not less than

$7,367,000 shall be for section 680(3)(B) of the Community Services

Block Grant Act: Provided further, That in addition to amounts

provided herein, $6,000,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry

out the provisions of section 1110 of the Social Security Act: Provided further, That to the extent Community Services Block Grant

funds are distributed as grant funds by a State to an eligible

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2855

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 $65,000,000 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 $15,879,000 shall be for activities

authorized by the Help America Vote Act of 2002, of which

$11,000,000 shall be for payments to States to promote access

for voters with disabilities, and of which $4,879,000 shall be for

payments to States for protection and advocacy systems for voters

with disabilities: Provided further, That $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.

Of the funds provided under this heading in Public Law 108–

447 to carry out section 473A of title IV of the Social Security

Act (42 U.S.C. 670–679), $22,500,000 are rescinded.

PROMOTING SAFE AND STABLE FAMILIES

For carrying out section 436 of the Social Security Act,

$305,000,000 and for section 437, $90,000,000.

Grants.

Abstinence.

Procedures.

Grants.

42 USC 9921

note.

119 STAT. 2856 PUBLIC LAW 109–149—DEC. 30, 2005

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, $1,376,624,000, 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, $352,703,000, together with $5,851,000 to be transferred and

expended as authorized by section 201(g)(1) of the Social Security

Act from the Hospital Insurance Trust Fund and the Supplemental

Medical Insurance Trust Fund, and $39,552,000 from the amounts

available under section 241 of the Public Health Service Act to

carry out national health or human services research and evaluation

activities: Provided, That of the funds made available under this

heading for carrying out title XX of the Public Health Service

Act, $13,120,000 shall be for activities specified under section

2003(b)(2), all of which shall be for prevention service demonstration

grants under section 510(b)(2) of title V of the Social Security

Act, as amended, without application of the limitation of section

2010(c) of said title XX: Provided further, That of this amount,

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

activities; and $5,952,000 shall be to assist Afghanistan in the

development of maternal and child health clinics, consistent with

section 103(a)(4)(H) of the Afghanistan Freedom Support Act of

2002: Provided further, That specific information requests from

the chairmen and ranking members of the Subcommittees on Labor,

Health and Human Services, and Education, and Related Agencies,

on scientific research or any other matter, shall be transmitted

to the Committees on Appropriations in a prompt professional

manner and within the time frame specified in the request: Provided

further, That scientific information requested by the Committees

on Appropriations and prepared by government researchers and

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2857

scientists shall be transmitted to the Committees on Appropriations,

uncensored and without delay.

OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for administrative law judges responsible for hearing cases under title XVIII of the Social Security

Act (and related provisions of title XI of such Act), $60,000,000,

to be transferred in appropriate part from the Federal Hospital

Insurance and the Federal Supplementary Medical Insurance Trust

Funds.

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts and cooperative agreements for the development and advancement of an interoperable national health information technology

infrastructure, $42,800,000: Provided, That in addition to amounts

provided herein, $18,900,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry

out health information technology network development.

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General,

including the hire of passenger motor vehicles for investigations,

in carrying out the provisions of the Inspector General Act of

1978, as amended, $39,813,000: Provided, That of such amount,

necessary sums are available for providing protective services to

the Secretary and investigating non-payment of child support cases

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

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights,

$31,682,000, together with not to exceed $3,314,000 to be transferred and expended as authorized by section 201(g)(1) of the Social

Security Act from the Hospital Insurance Trust Fund and the

Supplemental Medical Insurance Trust Fund.

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health

Service Commissioned Officers as authorized by law, for payments

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, for medical care of dependents and retired

personnel under the Dependents’ Medical Care Act (10 U.S.C.

chapter 55), such amounts as may be required during the current

fiscal year.

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, disease, nuclear, radiological and chemical threats to civilian populations, and to ensure a year-round

influenza vaccine production capacity, the development and

implementation of rapidly expandable influenza vaccine production

119 STAT. 2858 PUBLIC LAW 109–149—DEC. 30, 2005

technologies, and if determined necessary by the Secretary, the

purchase of influenza vaccine, $63,589,000.

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation

expenses when specifically approved by the Secretary.

SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service

to assist in child survival activities and to work in AIDS programs

through and with funds provided by the Agency for International

Development, the United Nations International Children’s Emergency Fund or the World Health Organization.

SEC. 203. None of the funds appropriated in this Act may

be used to implement section 399F(b) of the Public Health Service

Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103–43.

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

National Institutes of Health, the Agency for Healthcare Research

and Quality, and the Substance Abuse and Mental Health Services

Administration shall be used to pay the salary of an individual,

through a grant or other extramural mechanism, at a rate in

excess of Executive Level I.

SEC. 205. None of the funds appropriated in this 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 2.4 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 a program, project, or

activity, but no such program, project, or activity shall be increased

by more than 3 percent by any such transfer: Provided, That a

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

2 percent subject to approval by the House and Senate Committees

on Appropriations: Provided further, That the transfer authority

granted by this section shall be available only to meet emergency

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

fund any project or activity for which no funds are provided in

Children and

youth.

HIV/AIDS.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2859

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

Certification.

Deadline.

Tobacco and

tobacco products.

HIV/AIDS.

Notification.

Notification.

Deadline.

119 STAT. 2860 PUBLIC LAW 109–149—DEC. 30, 2005

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 diseases, chronic and environmental

diseases, 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

Grants.

Reports.

Deadline.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2861

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 fulltime equivalent employee while such employee is employed either

by CDC or ATSDR.

SEC. 219. Notwithstanding any other provisions of law, funds

made available in this Act may be used to continue operating

the Council on Graduate Medical Education established by section

301 of Public Law 102–408.

(RESCISSION OF FUNDS)

SEC. 220. The unobligated balance in the amount of $10,000,000

appropriated by Public Law 108–11 under the heading ‘‘Public

Health and Social Services Emergency Fund’’ are rescinded.

SEC. 221. (a) The Headquarters and Emergency Operations

Center Building (Building 21) at the Centers for Disease Control

and Prevention is hereby renamed as the Arlen Specter Headquarters and Emergency Operations Center.

(b) The Global Communications Center Building (Building 19)

at the Centers for Disease Control and Prevention is hereby

renamed as the Thomas R. Harkin Global Communications Center.

SEC. 222. None of the funds made available under this Act

may be used to implement or enforce the interim final rule published in the Federal Register by the Centers for Medicare &

Medicaid Services on August 26, 2005 (70 Fed. Reg. 50940) prior

to April 1, 2006.

SEC. 223. (a) For fiscal year 2006 and subject to subsection

(b), the Secretary of Health and Human Services may waive the

requirements of regulations promulgated under the Head Start

Act (42 U.S.C. 9831 et seq.), for one or more vehicles used by

a Head Start agency or an Early Head Start entity (or the designee

Federal buildings

and facilities.

42 USC 2940

note.

Applicability.

42 USC 209 note.

119 STAT. 2862 PUBLIC LAW 109–149—DEC. 30, 2005

of either) in transporting children enrolled in a Head Start program

or an Early Head Start program if—

(1) such requirements pertain to child restraint systems

or vehicle monitors;

(2) the agency or entity demonstrates that compliance with

such requirements will result in a significant disruption to

the Head Start program or the Early Head Start program;

and

(3) waiving such requirements is in the best interest of

the children involved.

(b) The Secretary of Health and Human Services may not

issue any waiver under subsection (a) after September 30, 2006,

or the date of the enactment of a statute that authorizes appropriations for fiscal year 2006 to carry out the Head Start Act, whichever

date is earlier.

SEC. 224. Section 1310.12(a) of title 45 of the Code of Federal

Regulations (October 1, 2004) shall not be effective until June

30, 2006, or 60 days after the date of the enactment of a statute

that authorizes appropriations for fiscal year 2006 to carry out

the Head Start Act, whichever date is earlier.

(RESCISSION)

SEC. 225. 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.

(RESCISSION)

SEC. 226. The unobligated balance of the Nursing Student

Loan program authorized by section 835 of the Public Health Service

Act is rescinded.

SEC. 227. In addition to any other amounts available for such

travel, and notwithstanding any other provision of law, amounts

available from this or any other appropriation for the purchase,

hire, maintenance, or operation of aircraft by the Centers for Disease Control and Prevention shall be available for travel by the

Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, and employees of the

Department of Health and Human Services accompanying the Secretary or the Director during such travel.

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, $14,627,435,000, of which $7,073,126,000 shall

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

through September 30, 2007, and of which $7,383,301,000 shall

become available on October 1, 2006, and shall remain available

through September 30, 2007, for academic year 2006–2007: Provided, That $6,934,854,000 shall be for basic grants under section

1124: Provided further, That up to $3,472,000 of these funds shall

Department of

Education

Appropriations

Act, 2006.

Effective date.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2863

be available to the Secretary of Education on October 1, 2005,

to obtain annually updated educational-agency-level census poverty

data from the Bureau of the Census: Provided further, That

$1,365,031,000 shall be for concentration grants under section

1124A: Provided further, That $2,269,843,000 shall be for targeted

grants under section 1125: Provided further, That $2,269,843,000

shall be for education finance incentive grants under section 1125A:

Provided further, That $9,424,000 shall be to carry out part E

of title I: Provided further, That $8,000,000 shall be available for

section 1608 of the ESEA, of which $1,465,000 shall be available

for a continuation award for the comprehensive school reform

clearinghouse previously funded under the heading ‘‘Innovation and

Improvement’’ in title III of division F of Public Law 108–447.

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(a), $65,000,000 shall be for Federal property

payments under section 8002, and $5,000,000, to remain available

until expended, shall be for facilities maintenance under section

8008: Provided, That for purposes of computing the amount of

a payment for an eligible local educational agency under section

8003(a) of the Elementary and Secondary Education Act (20 U.S.C.

7703(a)) for school year 2005–2006, children enrolled in a school

of such agency that would otherwise be eligible for payment under

section 8003(a)(1)(B) of such Act, but due to the deployment of

both parents or legal guardians, or a parent or legal guardian

having sole custody of such children, or due to the death of a

military parent or legal guardian while on active duty (so long

as such children reside on Federal property as described in section

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

considered as eligible students under such section, provided such

students remain in average daily attendance at a school in the

same local educational agency they attended prior to their change

in eligibility status.

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by

title II, part B of title IV, part A and subparts 6 and 9 of part

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

title VII of the Elementary and Secondary Education Act of 1965

(‘‘ESEA’’); the McKinney-Vento Homeless Assistance Act; section

203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil

Rights Act of 1964, $5,308,564,000, of which $3,676,482,000 shall

become available on July 1, 2006, and remain available through

September 30, 2007, and of which $1,435,000,000 shall become

available on October 1, 2006, and shall remain available through

September 30, 2007, for academic year 2006–2007: Provided, That

funds made available to carry out part B of title VII of the ESEA

may be used for construction, renovation and modernization of

any elementary school, secondary school, or structure related to

119 STAT. 2864 PUBLIC LAW 109–149—DEC. 30, 2005

an elementary school or secondary school, run by the Department

of Education of the State of Hawaii, that serves a predominantly

Native Hawaiian student body: Provided further, That from the

funds referred to in the preceding proviso, not less than $1,250,000

shall be for a grant to the Department of Education of the State

of Hawaii for the activities described in such proviso, and $1,250,000

shall be for a grant to the University of Hawaii School of Law

for a Center of Excellence in Native Hawaiian law: Provided further,

That funds made available to carry out part C of title VII of

the ESEA may be used for construction: Provided further, That

up to 100 percent of the funds available to a State educational

agency under part D of title II of the ESEA may be used for

subgrants described in section 2412(a)(2)(B) of such Act: Provided

further, That $411,680,000 shall be for State assessments and

related activities authorized under sections 6111 and 6112 of the

ESEA: Provided further, That $56,825,000 shall be available to

carry out section 203 of the Educational Technical Assistance Act

of 2002: Provided further, That $31,693,000 shall be available to

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

no funds appropriated under this heading may be used to carry

out section 5494 under the ESEA: Provided further, That

$12,132,000 shall be available to carry out the Supplemental Education Grants program for the Federated States of Micronesia,

and $6,051,000 shall be available to carry out the Supplemental

Education Grants program for the Republic of the Marshall Islands:

Provided further, That up to 5 percent of these amounts may

be reserved by the Federated States of Micronesia and the Republic

of the Marshall Islands to administer the Supplemental Education

Grants programs and to obtain technical assistance, oversight and

consultancy services in the administration of these grants and

to reimburse the United States Departments of Labor, Health and

Human Services, and Education for such services.

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise

provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $119,889,000.

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by parts G and H 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’’), $945,947,000, of which

$95,000,000 shall become available on July 1, 2006, and remain

available until September 30, 2007: Provided, That $16,864,000

shall be available to carry out section 2151(c) of the ESEA, of

which not less than $9,920,000 shall be provided to the National

Board for Professional Teaching Standards, and not less than

$6,944,000 shall be provided to the American Board for the Certification of Teacher Excellence: Provided further, That from funds

for subpart 4, part C of title II, up to 3 percent shall be available

to the Secretary for technical assistance and dissemination of

information: Provided further, That $36,981,000 shall be for subpart

2 of part B of title V: Provided further, That $260,111,000 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

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2865

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 performancebased teacher and principal compensation systems in high-need

schools: Provided further, That such performance-based compensation systems must consider gains in student academic achievement

as well as classroom evaluations conducted multiple times during

each school year among other factors and provide educators with

incentives to take on additional responsibilities and leadership roles:

Provided further, That five percent of such funds for competitive

grants shall become available on October 1, 2005, for technical

assistance, training, peer review of applications, program outreach

and evaluation activities and that 95 percent shall become available

on July 1, 2006, and remain available through September 30, 2007,

for competitive grants.

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’’), $736,886,000, of which $350,000,000 shall

become available on July 1, 2006, and remain available through

September 30, 2007: Provided, That of the amount available for

subpart 2 of part A of title IV of the ESEA, $850,000 shall be

used to continue the National Recognition Awards program under

the same guidelines outlined by section 120(f) of Public Law 105–

244: Provided further, That $350,000,000 shall be available for

subpart 1 of part A of title IV and $224,580,000 shall be available

for subpart 2 of part A of title IV, of which not less than $1,449,000,

to remain available until expended, shall be for the Project School

Emergency Response to Violence program to provide educationrelated services to local educational agencies in which the learning

environment has been disrupted due to a violent or traumatic

crisis: Provided further, That $132,901,000 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 $12,194,000 may be used to carry out section 2345 and

$3,025,000 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, $11,770,607,000, of which $6,141,604,000 shall become available on July 1, 2006, and shall remain available through September

119 STAT. 2866 PUBLIC LAW 109–149—DEC. 30, 2005

30, 2007, and of which $5,424,200,000 shall become available on

October 1, 2006, and shall remain available through September

30, 2007, for academic year 2006–2007: Provided, That $12,000,000

shall be for Recording for the Blind and Dyslexic, Inc., to support

the development, production, and circulation of recorded educational

materials: Provided further, That $1,500,000 shall be for the

recipient of funds provided by Public Law 105–78 under section

687(b)(2)(G) of the Act (as in effect prior to the enactment of

the Individuals with Disabilities Education Improvement Act of

2004) to provide information on diagnosis, intervention, and

teaching strategies for children with disabilities: Provided further,

That the amount for section 611(b)(2) of the Act shall be equal

to the amount available for that activity during fiscal year 2005,

increased by the amount of inflation as specified in section

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

REHABILITATION SERVICES AND DISABILITY RESEARCH

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

Rehabilitation Act of 1973, the Assistive Technology Act of 1998

(‘‘the AT Act’’), and the Helen Keller National Center Act,

$3,129,638,000, of which $1,000,000 shall be awarded to the American Academy of Orthotists and Prosthetists for activities that further the purposes of the grant received by the Academy for the

period beginning October 1, 2003, including activities to meet the

demand for orthotic and prosthetic provider services and improve

patient care: Provided, That $30,760,000 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 $3,760,000 shall

be for alternative financing programs under section 4(b)(2)(D) of

the AT Act: Provided further, That the Federal share of grants

for alternative financing programs shall not exceed 75 percent,

and the requirements in section 301(c)(2) and section 302 of the

AT Act (as in effect on the day before the date of enactment

of the Assistive Technology Act of 2004) shall not apply to such

grants.

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20

U.S.C. 101 et seq.), $17,750,000.

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.), $56,708,000, 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

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2867

Act of 1986 (20 U.S.C. 4301 et seq.), $108,079,000: Provided, That

from the total amount available, the University may at its discretion

use funds for the endowment program as authorized under section

207.

VOCATIONAL AND ADULT EDUCATION

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

Carl D. Perkins Vocational and Technical Education Act of 1998,

the Adult Education and Family Literacy Act, title VIII–D of the

Higher Education Amendments of 1998, and subpart 4 of part

D of title V of the Elementary and Secondary Education Act of

1965 (‘‘ESEA’’), $2,012,282,000, of which $1,216,558,000 shall

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

through September 30, 2007, and of which $791,000,000 shall

become available on October 1, 2006, and shall remain available

through September 30, 2007: Provided, That of the amount provided for Adult Education State Grants, $68,582,000 shall be made available for integrated English literacy and civics education services

to immigrants and other limited English proficient populations:

Provided further, That of the amount reserved for integrated

English literacy and civics education, notwithstanding section 211

of the Adult Education and Family Literacy Act, 65 percent shall

be allocated to States based on a State’s absolute need as determined by calculating each State’s share of a 10-year average of

the Immigration and Naturalization Service data for immigrants

admitted for legal permanent residence for the 10 most recent

years, and 35 percent allocated to States that experienced growth

as measured by the average of the 3 most recent years for which

Immigration and Naturalization Service data for immigrants

admitted for legal permanent residence are available, except that

no State shall be allocated an amount less than $60,000: Provided

further, That of the amounts made available for the Adult Education

and Family Literacy Act, $9,096,000 shall be for national leadership

activities under section 243 and $6,638,000 shall be for the National

Institute for Literacy under section 242: Provided further, That

$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 networks, 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 educational agencies under

this subpart shall be used only for activities related to establishing

smaller learning communities within large high schools or small

high schools that provide alternatives for students enrolled in large

high schools: Provided further, That $23,000,000 shall be for Youth

Offender Grants.

STUDENT FINANCIAL ASSISTANCE

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

part E of title IV of the Higher Education Act of 1965, as amended,

$15,077,752,000, which shall remain available through September

30, 2007.

119 STAT. 2868 PUBLIC LAW 109–149—DEC. 30, 2005

The maximum Pell Grant for which a student shall be eligible

during award year 2006–2007 shall be $4,050.

STUDENT AID ADMINISTRATION

For Federal administrative expenses (in addition to funds made

available under section 458), to carry out part D of title I, and

subparts 1, 3, and 4 of part A, and parts B, C, D, and E of

title IV of the Higher Education Act of 1965, as amended,

$120,000,000.

HIGHER EDUCATION

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

II, III, IV, V, VI, and VII of the Higher Education Act of 1965

(‘‘HEA’’), as amended, section 1543 of the Higher Education Amendments of 1992, the Mutual Educational and Cultural Exchange

Act of 1961, title VIII of the Higher Education Amendments of

1998, and section 117 of the Carl D. Perkins Vocational and Technical Education Act, $1,970,760,000: 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.), $239,790,000, of which not less than $3,562,000 shall be

for a matching endowment grant pursuant to the Howard University

Endowment Act (Public Law 98–480) and shall remain available

until expended.

20 USC 1070a

note.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2869

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, $522,695,000, of which

$271,560,000 shall be available until September 30, 2007: Provided,

That of the amount provided to carry out title I, parts B and

D of Public Law 107–279, not less than $25,257,000 shall be for

the national research and development centers authorized under

section 133(c).

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, $415,303,000.

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

School busing.

119 STAT. 2870 PUBLIC LAW 109–149—DEC. 30, 2005

of students or teachers (or for the purchase of equipment for such

transportation) in order to carry out a plan of racial desegregation

of any school or school system.

SEC. 302. None of the funds contained in this Act shall be

used to require, directly or indirectly, the transportation of any

student to a school other than the school which is nearest the

student’s home, except for a student requiring special education,

to the school offering such special education, in order to comply

with title VI of the Civil Rights Act of 1964. For the purpose

of this section an indirect requirement of transportation of students

includes the transportation of students to carry out a plan involving

the reorganization of the grade structure of schools, the pairing

of schools, or the clustering of schools, or any combination of grade

restructuring, pairing or clustering. The prohibition described in

this section does not include the establishment of magnet schools.

SEC. 303. No funds appropriated in this Act may be used

to prevent the implementation of programs of voluntary prayer

and meditation in the public schools.

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds

(pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more

than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least

15 days in advance of any transfer.

SEC. 305. For an additional amount to carry out subpart 1

of part A of title IV of the Higher Education Act of 1965 for

the purpose of eliminating the estimated accumulated shortfall

of budget authority for such subpart, $4,300,000,000, pursuant to

section 303 of H. Con. Res. 95 (109th Congress), the concurrent

resolution on the budget for fiscal year 2006.

SEC. 306. Subpart 12 of part D of title V of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7265 et seq.)

is amended—

(1) in section 5522(b) (20 U.S.C. 7265a(b)), by adding at

the end the following:

‘‘(4) To authorize and develop cultural and educational

programs relating to any Federally recognized Indian tribe

in Mississippi.’’;

(2) in section 5523 (20 U.S.C. 7265b)—

(A) in subsection (a)—

(i) by redesignating paragraphs (6) through (8)

as paragraphs (7) through (9), respectively; and

(ii) by inserting after paragraph (5) the following:

‘‘(6) The Mississippi Band of Choctaw Indians in Choctaw,

Mississippi.’’; and

(B) in subsection (b), by adding at the end the following:

‘‘(7) Cultural and educational programs relating to any

Federally recognized Indian tribe in Mississippi.’’; and

(3) in section 5525(1) (20 U.S.C. 7265d(1))—

(A) in subparagraph (a), by striking ‘‘and’’ after the

semicolon;

(B) in subparagraph (B), by striking the period and

inserting ‘‘; and’’; and

Notification.

Deadline.

Voluntary

prayer.

Meditation.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2871

(C) by adding at the end the following:

‘‘(C) the Mississippi Band of Choctaw Indians in

Choctaw, Mississippi.’’.

This title may be cited as the ‘‘Department of Education Appropriations Act, 2006’’.

TITLE IV—RELATED AGENCIES

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For expenses necessary of the Committee for Purchase From

People Who Are Blind or Severely Disabled established by Public

Law 92–28, $4,669,000.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

For expenses necessary for the Corporation for National and

Community Service to carry out the provisions of the Domestic

Volunteer Service Act of 1973, as amended, $316,212,000: Provided,

That none of the funds made available to the Corporation for

National and Community Service in this Act for activities authorized by section 122 of part C of title I and part E of title II

of the Domestic Volunteer Service Act of 1973 shall be used to

provide stipends or other monetary incentives to volunteers or

volunteer leaders whose incomes exceed 125 percent of the national

poverty level.

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.),

$520,087,000, to remain available until September 30, 2007: Provided, That not more than $267,500,000 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 $140,000,000 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 $7,000,000 shall be

held in reserve as defined in Public Law 108–45: Provided further,

That in addition to amounts otherwise provided to the National

119 STAT. 2872 PUBLIC LAW 109–149—DEC. 30, 2005

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 $16,445,000

shall be available for quality and innovation activities authorized

under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.):

Provided further, That notwithstanding subtitle H of title I of

the Act (42 U.S.C. 12853), none of the funds provided under the

previous proviso shall be used to support salaries and related

expenses (including travel) attributable to Corporation employees:

Provided further, That to the maximum extent feasible, funds appropriated under subtitle C of title I of the Act shall be provided

in a manner that is consistent with the recommendations of peer

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

that demonstrate quality, innovation, replicability, and sustainability: Provided further, That $27,000,000 of the funds made available under this heading shall be available for the Civilian Community Corps authorized under subtitle E of title I of the Act (42

U.S.C. 12611 et seq.): Provided further, That $37,500,000 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

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2873

under section 126(a) of the Act: Provided further, That the Corporation may use up to 1 percent of program grant funds made available

under this heading to defray its costs of conducting grant application

reviews, including the use of outside peer reviewers.

SALARIES AND EXPENSES

For necessary expenses of administration as provided under

section 501(a)(4) of the National and Community Service Act of

1990 (42 U.S.C. 12501 et seq.) and under section 504(a) of the

Domestic Volunteer Service Act of 1973, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental

of conference rooms in the District of Columbia, the employment

of experts and consultants authorized under 5 U.S.C. 3109, and

not to exceed $2,500 for official reception and representation

expenses, $66,750,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$6,000,000, to remain available until September 30, 2007.

ADMINISTRATIVE PROVISIONS

Notwithstanding any other provision of law, the term ‘‘qualified

student loan’’ with respect to national service education awards

shall mean any loan determined by an institution of higher education to be necessary to cover a student’s cost of attendance at

such institution and made, insured, or guaranteed directly to a

student by a State agency, in addition to other meanings under

section 148(b)(7) of the National and Community Service Act.

Notwithstanding any other provision of law, funds made available under section 129(d)(5)(B) of the National and Community

Service Act to assist entities in placing applicants who are individuals with disabilities may be provided to any entity that receives

a grant under section 121 of the Act.

The Inspector General of the Corporation for National and

Community Service shall conduct random audits of the grantees

that administer activities under the AmeriCorps programs and

shall levy sanctions in accordance with standard Inspector General

audit resolution procedures which include, but are not limited to,

debarment of any grantee (or successor in interest or any entity

with substantially the same person or persons in control) that

has been determined to have committed any substantial violations

of the requirements of the AmeriCorps programs, including any

grantee that has been determined to have violated the prohibition

of using Federal funds to lobby the Congress: Provided, That the

Inspector General shall obtain reimbursements in the amount of

any misused funds from any grantee that has been determined

to have committed any substantial violations of the requirements

of the AmeriCorps programs.

For fiscal year 2006, the Corporation shall make any significant

changes to program requirements or policy only through public

notice and comment rulemaking. For fiscal year 2006, during any

grant selection process, no officer or employee of the Corporation

shall knowingly disclose any covered grant selection information

regarding such selection, directly or indirectly, to any person other

Public notice and

comments.

Audits.

119 STAT. 2874 PUBLIC LAW 109–149—DEC. 30, 2005

than an officer or employee of the Corporation that is authorized

by the Corporation to receive such information.

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as

authorized by the Communications Act of 1934, an amount which

shall be available within limitations specified by that Act, for the

fiscal year 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: Provided further, That for fiscal year 2006, in addition to

the amounts provided above, $30,000,000 shall be for costs related

to digital program production, development, and distribution, associated with the transition of public broadcasting to digital broadcasting, to be awarded as determined by the Corporation in consultation with public radio and television licensees or permittees,

or their designated representatives: Provided further, That for fiscal

year 2006, in addition to the amounts provided above, $35,000,000

shall be for the costs associated with replacement and upgrade

of the public television interconnection system: Provided further,

That none of the funds made available to the Corporation for

Public Broadcasting by this Act, Public Law 108–199 or Public

Law 108–7, shall be used to support the Television Future Fund

or any similar purpose.

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor

Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183),

including hire of passenger motor vehicles; for expenses necessary

for the Labor-Management Cooperation Act of 1978 (29 U.S.C.

175a); and for expenses necessary for the Service to carry out

the functions vested in it by the Civil Service Reform Act, Public

Law 95–454 (5 U.S.C. chapter 71), $43,031,000, including $400,000,

to remain available through September 30, 2007, for activities

authorized by the Labor-Management Cooperation Act of 1978 (29

U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees

charged, up to full-cost recovery, for special training activities and

other conflict resolution services and technical assistance, including

those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged

with this account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available

only for education, training, and professional development of the

agency workforce: Provided further, That the Director of the Service

is authorized to accept and use on behalf of the United States

gifts of services and real, personal, or other property in the aid

of any projects or functions within the Director’s jurisdiction.

Discrimination.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2875

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, $3,144,000.

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.

Agricultural

laborers.

119 STAT. 2876 PUBLIC LAW 109–149—DEC. 30, 2005

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

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2877

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, $29,369,174,000, 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 $9,079,400,000 may

be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein:

Provided, That not less than $2,000,000 shall be for the Social

Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal

year 2006 not needed for fiscal year 2006 shall remain available

until expended to invest in the Social Security Administration

information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll

administrative expenses associated solely with this information

technology and telecommunications infrastructure: Provided further,

That reimbursement to the trust funds under this heading for

expenditures for official time for employees of the Social Security

Administration pursuant to section 7131 of title 5, United States

Code, and for facilities or support services for labor organizations

pursuant to policies, regulations, or procedures referred to in section

7135(b) of such title shall be made by the Secretary of the Treasury,

with interest, from amounts in the general fund not otherwise

appropriated, as soon as possible after such expenditures are made.

119 STAT. 2878 PUBLIC LAW 109–149—DEC. 30, 2005

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

$66,400,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal OldAge 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 executivelegislative 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

Lobbying.

Notice.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2879

I and III, respectively, for official reception and representation

expenses; the Director of the Federal Mediation and Conciliation

Service is authorized to make available for official reception and

representation expenses not to exceed $5,000 from the funds available for ‘‘Salaries and expenses, Federal Mediation and Conciliation

Service’’; and the Chairman of the National Mediation Board is

authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for ‘‘Salaries

and expenses, National Mediation Board’’.

SEC. 505. Notwithstanding any other provision of this Act,

no funds appropriated in this Act shall be used to carry out any

program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

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

for proposals, bid solicitations and other documents describing

projects or programs funded in whole or in part with Federal

money, all grantees receiving Federal funds included in this Act,

including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—

(1) the percentage of the total costs of the program or

project which will be financed with Federal money;

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

or program; and

(3) percentage and dollar amount of the total costs of the

project or program that will be financed by non-governmental

sources.

SEC. 507. (a) None of the funds appropriated in this Act, and

none of the funds in any trust fund to which funds are appropriated

in this Act, shall be expended for any abortion.

(b) None of the funds appropriated in this Act, and none of

the funds in any trust fund to which funds are appropriated in

this Act, shall be expended for health benefits coverage that includes

coverage of abortion.

(c) The term ‘‘health benefits coverage’’ means the package

of services covered by a managed care provider or organization

pursuant to a contract or other arrangement.

SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion—

(1) if the pregnancy is the result of an act of rape or

incest; or

(2) in the case where a woman suffers from a physical

disorder, physical injury, or physical illness, including a lifeendangering 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

Abortion.

119 STAT. 2880 PUBLIC LAW 109–149—DEC. 30, 2005

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 46.204(b) 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 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. 512. 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. 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.

Contracts.

Health identifier.

Drugs and drug

abuse.

Human embryos.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2881

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;

Notifications.

Deadlines.

119 STAT. 2882 PUBLIC LAW 109–149—DEC. 30, 2005

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. (a) Section 316 of the Immigration and Nationality

Act (8 U.S.C. 1427), is amended by adding at the end the following:

‘‘(g)(1) The continuous residency requirement under subsection

(a) may be reduced to 3 years for an applicant for naturalization

if—

‘‘(A) the applicant is the beneficiary of an approved petition

for classification under section 204(a)(1)(E);

‘‘(B) the applicant has been approved for adjustment of

status under section 245(a); and

‘‘(C) such reduction is necessary for the applicant to represent the United States at an international event.

‘‘(2) The Secretary of Homeland Security shall adjudicate an

application for naturalization under this section not later than

30 days after the submission of such application if the applicant—

‘‘(A) requests such expedited adjudication in order to represent the United States at an international event; and

‘‘(B) demonstrates that such expedited adjudication is

related to such representation.

‘‘(3) An applicant is ineligible for expedited adjudication under

paragraph (2) if the Secretary of Homeland Security determines

that such expedited adjudication poses a risk to national security.

Such a determination by the Secretary shall not be subject to

review.

‘‘(4)(A) In addition to any other fee authorized by law, the

Secretary of Homeland Security shall charge and collect a $1,000

premium processing fee from each applicant described in this subsection to offset the additional costs incurred to expedite the processing of applications under this subsection.

‘‘(B) The fee collected under subparagraph (A) shall be deposited

as offsetting collections in the Immigration Examinations Fee

Account.’’.

(b) The amendment made by subsection (a) is repealed on

January 1, 2006.

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

may be used to request that a candidate for appointment to a

Federal scientific advisory committee disclose the political affiliation

or voting history of the candidate or the position that the candidate

holds with respect to political issues not directly related to and

necessary for the work of the committee involved.

(b) None of the funds made available in this Act may be

used to disseminate scientific information that is deliberately false

or misleading.

SEC. 520. The $3,170,927,000 made available under this Act

under the heading Program Management under the heading Centers for Medicare and Medicaid Services shall be reduced by

$60,000,000: Provided, That none of the reduction shall be taken

from research, demonstration, and evaluation activities or from

State survey and certification activities: Provided further, That

notwithstanding the amounts specified under such heading for the

Centers for Medicare and Medicaid Services System Revitalization

Plan and for contract costs for the Healthcare Integrated General

Ledger Accounting System, such amounts may be reduced by the

Secretary.

Repeal.

8 USC 1427

and note.

Fees.

Deadline.

PUBLIC LAW 109–149—DEC. 30, 2005 119 STAT. 2883

LEGISLATIVE HISTORY—H.R. 3010:

HOUSE REPORTS: Nos. 109–143 (Comm. on Appropriations) and 109–300 and

109–337 (both from Comm. of Conference).

SENATE REPORTS: No. 109–103 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 151 (2005):

June 23, 24, considered and passed House.

Oct. 21, 24–27, considered and passed Senate, amended.

Nov. 17, House rejected conference report.

Dec. 14, House agreed to conference report.

Dec. 15, 21, Senate considered and agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):

Dec. 30, Presidential statement.

Æ

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

and Human Services, and Education, and Related Agencies Appropriations Act, 2006’’.

Approved December 30, 2005.