II 

Calendar No. 699 

108TH CONGRESS 

2D SESSION S. 2810 

[Report No. 108–345] 

Making appropriations for the Departments of Labor, Health and Human 

Services, and Education, and related agencies for the fiscal year ending 

September 30, 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2004 

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

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2005, and 

for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 
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1 Education, and related agencies for the fiscal year ending 

2 September 30, 2005, and for other purposes, namely: 

3 TITLE I—DEPARTMENT OF LABOR 

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 TRAINING AND EMPLOYMENT SERVICES

6 (INCLUDING RESCISSION)

7 For necessary expenses of the Workforce Investment 

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

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

10 buildings and other facilities, and the purchase of real 

11 property for training centers as authorized by such Act; 

12 $2,914,662,000 plus reimbursements, of which 

13 $1,894,099,000 is available for obligation for the period 

14 July 1, 2005 through June 30, 2006; except that amounts 

15 determined by the Secretary of Labor to be necessary pur16 suant to sections 173(a)(4)(A) and 174(c) of such Act 

17 shall be available from October 1, 2004 until expended; 

18 of which $994,242,000 is available for obligation for the 

19 period April 1, 2005 through June 30, 2006, to carry out 

20 chapter 4 of the Act; and of which $26,321,000 is avail21 able for the period July 1, 2005 through June 30, 2008 

22 for necessary expenses of construction, rehabilitation, and 

23 acquisition of Job Corps centers: Provided, That notwith24 standing any other provision of law, of the funds provided 

25 herein under section 137(c) of the Workforce Investment 

26 Act of 1998, $283,371,000 shall be for activities described 
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1 in section 132(a)(2)(A) of such Act and $1,196,048,000 

2 shall be for activities described in section 132(a)(2)(B) of 

3 such Act: Provided further, That $250,000,000 shall be 

4 available for the Community College Initiative, of which 

5 $125,000,000 shall be from funds reserved under section 

6 132(a)(2)(A) of the Workforce Investment Act: Provided 

7 further, That funds provided to carry out section 

8 132(a)(2)(A) of the Workforce Investment Act may be 

9 used to provide assistance to a State for state-wide or local 

10 use in order to address cases where there have been work11 er dislocations across multiple sectors or across multiple 

12 local areas and such workers remain dislocated; coordinate 

13 the State workforce development plan with emerging eco14 nomic development needs; and train such eligible dis15 located workers: Provided further, That $8,000,000 shall 

16 be for carrying out section 172 of the Workforce Invest17 ment Act of 1998: Provided further, That, notwithstanding 

18 any other provision of law or related regulation, 

19 $76,874,000 shall be for carrying out section 167 of the 

20 Workforce Investment Act of 1998, including $71,787,000 

21 for formula grants, $4,583,000 for migrant and seasonal 

22 housing (of which not less than 70 percent shall be for 

23 permanent housing), and $504,000 for other discretionary 

24 purposes: Provided further, That notwithstanding the 

25 transfer limitation under section 133(b)(4) of such Act, 
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1 up to 30 percent of such funds may be transferred by a 

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

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

4 Workforce Investment Act of 1998 may be used for dem5 onstration projects that provide assistance to new entrants 

6 in the workforce and incumbent workers: Provided further, 

7 That no funds from any other appropriation shall be used 

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

9 For necessary expenses of the Act, including the pur10 chase and hire of passenger motor vehicles, the construc11 tion, alteration, and repair of buildings and other facili12 ties, and the purchase of real property for training centers 

13 as authorized by the Act; $2,463,000,000 plus reimburse14 ments, of which $2,363,000,000 is available for obligation 

15 for the period October 1, 2005 through June 30, 2006, 

16 and of which $100,000,000 is available for the period Oc17 tober 1, 2005 through June 30, 2008, for necessary ex18 penses of construction, rehabilitation, and acquisition of 

19 Job Corps centers. 

20 Of the unobligated funds contained in the H–1B 

21 Nonimmigrant Petitioner Account that are available to the 

22 Secretary of Labor pursuant to section 286(s)(2) of the 

23 Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), 

24 $100,100,000 are rescinded. 
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1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

2 AMERICANS

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

4 1965, as amended, $440,200,000. 

5 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

6 For payments during the current fiscal year of trade 

7 adjustment benefit payments and allowances under part 

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

9 search and relocation, and related State administrative ex10 penses under part II of chapter 2, title II of the Trade 

11 Act of 1974 (including the benefits and services described 

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

13 Adjustment Assistance Reform Act of 2002, Public Law 

14 107–210), $1,057,300,000, together with such amounts as 

15 may be necessary to be charged to the subsequent appro16 priation for payments for any period subsequent to Sep17 tember 15 of the current year. 

18 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

19 SERVICE OPERATIONS

20 For authorized administrative expenses, 

21 $141,797,000, together with not to exceed 

22 $3,540,438,000 (including not to exceed $1,228,000 

23 which may be used for amortization payments to States 

24 which had independent retirement plans in their State em25 ployment service agencies prior to 1980), which may be 

26 expended from the Employment Security Administration 
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1 Account in the Unemployment Trust Fund including the 

2 cost of administering section 51 of the Internal Revenue 

3 Code of 1986, as amended, section 7(d) of the Wagner4 Peyser Act, as amended, the Trade Act of 1974, as 

5 amended, the Immigration Act of 1990, and the Immigra6 tion and Nationality Act, as amended, and of which the 

7 sums available in the allocation for activities authorized 

8 by title III of the Social Security Act, as amended (42 

9 U.S.C. 502–504), and the sums available in the allocation 

10 for necessary administrative expenses for carrying out 5 

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

12 States through December 31, 2005, except that funds 

13 used for automation acquisitions shall be available for obli14 gation by the States through September 30, 2007; of 

15 which $141,797,000, together with not to exceed 

16 $763,724,000 of the amount which may be expended from 

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

18 period July 1, 2005 through June 30, 2006, to fund ac19 tivities under the Act of June 6, 1933, as amended, in20 cluding the cost of penalty mail authorized under 39 

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

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

23 that the Average Weekly Insured Unemployment (AWIU) 

24 for fiscal year 2005 is projected by the Department of 

25 Labor to exceed 3,227,000, an additional $28,600,000 
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1 shall be available for obligation for every 100,000 increase 

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

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

5 Fund: Provided further, That funds appropriated in this 

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

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

8 activities of the Federal-State unemployment insurance or 

9 immigration programs, may be obligated in contracts, 

10 grants or agreements with non-State entities: Provided 

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

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

14 the States to fund integrated Employment Service and 

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

17 of Management and Budget Circular A–87. 

18 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

19 OTHER FUNDS

20 For repayable advances to the Unemployment Trust 

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

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

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

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

25 for nonrepayable advances to the Unemployment Trust 

26 Fund as authorized by section 8509 of title 5, United 
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1 States Code, and to the ‘‘Federal unemployment benefits 

2 and allowances’’ account, to remain available until Sep3 tember 30, 2006, $517,000,000. 

4 In addition, for making repayable advances to the 

5 Black Lung Disability Trust Fund in the current fiscal 

6 year after September 15, 2005, for costs incurred by the 

7 Black Lung Disability Trust Fund in the current fiscal 

8 year, such sums as may be necessary. 

9 PROGRAM ADMINISTRATION

10 For expenses of administering employment and train11 ing programs, $117,576,000, together with not to exceed 

12 $60,039,000, which may be expended from the Employ13 ment Security Administration Account in the Unemploy14 ment Trust Fund. 

15 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses for the Employee Benefits 

18 Security Administration, $132,345,000. 

19 PENSION BENEFIT GUARANTY CORPORATION

20 PENSION BENEFIT GUARANTY CORPORATION FUND

21 The Pension Benefit Guaranty Corporation is author22 ized to make such expenditures, including financial assist23 ance authorized by section 104 of Public Law 96–364, 

24 within limits of funds and borrowing authority available 

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

26 such contracts and commitments without regard to fiscal 
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1 year limitations as provided by section 104 of the Govern2 ment Corporation Control Act, as amended (31 U.S.C. 

3 9104), as may be necessary in carrying out the program, 

4 including associated administrative expenses, through 

5 September 30, 2005 for such Corporation: Provided, That 

6 none of the funds available to the Corporation for fiscal 

7 year 2005 shall be available for obligations for administra8 tive expenses in excess of $266,330,000: Provided further, 

9 That obligations in excess of such amount may be incurred 

10 after approval by the Office of Management and Budget 

11 and the Committees on Appropriations of the House and 

12 Senate. 

13 EMPLOYMENT STANDARDS ADMINISTRATION

14 SALARIES AND EXPENSES

15 For necessary expenses for the Employment Stand16 ards Administration, including reimbursement to State, 

17 Federal, and local agencies and their employees for inspec18 tion services rendered, $403,812,000, together with 

19 $2,058,000 which may be expended from the Special Fund 

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

21 Longshore and Harbor Workers’ Compensation Act: Pro22 vided, That $1,250,000 shall be for the development of 

23 an alternative system for the electronic submission of re24 ports required to be filed under the Labor-Management 

25 Reporting and Disclosure Act of 1959, as amended, and 
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1 for a computer database of the information for each sub2 mission by whatever means, that is indexed and easily 

3 searchable by the public via the Internet: Provided further, 

4 That the Secretary of Labor is authorized to accept, re5 tain, and spend, until expended, in the name of the De6 partment of Labor, all sums of money ordered to be paid 

7 to the Secretary of Labor, in accordance with the terms 

8 of the Consent Judgment in Civil Action No. 91–0027 of 

9 the United States District Court for the District of the 

10 Northern Mariana Islands (May 21, 1992): Provided fur11 ther, That the Secretary of Labor is authorized to estab12 lish and, in accordance with 31 U.S.C. 3302, collect and 

13 deposit in the Treasury fees for processing applications 

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

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

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

17 and issuing registrations under title I of the Migrant and 

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

19 1801 et seq.). 

20 SPECIAL BENEFITS

21 (INCLUDING TRANSFER OF FUNDS)

22 For the payment of compensation, benefits, and ex23 penses (except administrative expenses) accruing during 

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

25 chapter 81 of the United States Code; continuation of ben26 efits as provided for under the heading ‘‘Civilian War Ben-
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1 efits’’ in the Federal Security Agency Appropriation Act, 

2 1947; the Employees’ Compensation Commission Appro3 priation Act, 1944; sections 4(c) and 5(f) of the War 

4 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per5 cent of the additional compensation and benefits required 

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

7 Compensation Act, as amended, $233,000,000, together 

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

9 the subsequent year appropriation for the payment of 

10 compensation and other benefits for any period subse11 quent to August 15 of the current year: Provided, That 

12 amounts appropriated may be used under section 8104 of 

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

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

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

16 disabled beneficiary: Provided further, That balances of re17 imbursements unobligated on September 30, 2004, shall 

18 remain available until expended for the payment of com19 pensation, benefits, and expenses: Provided further, That 

20 in addition there shall be transferred to this appropriation 

21 from the Postal Service and from any other corporation 

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

23 5, United States Code, to pay an amount for its fair share 

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

25 determines to be the cost of administration for employees 
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1 of such fair share entities through September 30, 2005: 

2 Provided further, That of those funds transferred to this 

3 account from the fair share entities to pay the cost of ad4 ministration of the Federal Employees’ Compensation Act, 

5 $39,668,000 shall be made available to the Secretary as 

6 follows: (1) for enhancement and maintenance of auto7 mated data processing systems and telecommunications 

8 systems, $12,351,000; (2) for automated workload proc9 essing operations, including document imaging, central10 ized mail intake and medical bill processing, $14,221,000; 

11 (3) for periodic roll management and medical review, 

12 $13,096,000; and (4) the remaining funds shall be paid 

13 into the Treasury as miscellaneous receipts: Provided fur14 ther, That the Secretary may require that any person fil15 ing a notice of injury or a claim for benefits under chapter 

16 81 of title 5, United States Code, or 33 U.S.C. 901 et 

17 seq., provide as part of such notice and claim, such identi18 fying information (including Social Security account num19 ber) as such regulations may prescribe. 

20 SPECIAL BENEFITS FOR DISABLED COAL MINERS

21 For carrying out title IV of the Federal Mine Safety 

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

23 275, (the ‘‘Act’’), $276,000,000, to remain available until 

24 expended. 

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

26 benefit payments to individuals under title IV of the Act, 
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1 for costs incurred in the current fiscal year, such amounts 

2 as may be necessary. 

3 For making benefit payments under title IV for the 

4 first quarter of fiscal year 2006, $81,000,000, to remain 

5 available until expended. 

6 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

7 OCCUPATIONAL ILLNESS COMPENSATION FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to administer the Energy 

10 Employees Occupational Illness Compensation Act, 

11 $40,821,000, to remain available until expended: Pro12 vided, That the Secretary of Labor is authorized to trans13 fer to any executive agency with authority under the En14 ergy Employees Occupational Illness Compensation Act, 

15 including within the Department of Labor, such sums as 

16 may be necessary in fiscal year 2005 to carry out those 

17 authorities: Provided further, That the Secretary may re18 quire that any person filing a claim for benefits under the 

19 Act provide as part of such claim, such identifying infor20 mation (including Social Security account number) as may 

21 be prescribed. 

22 BLACK LUNG DISABILITY TRUST FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 In fiscal year 2005 and thereafter, such sums as may 

25 be necessary from the Black Lung Disability Trust Fund, 

26 to remain available until expended, for payment of all ben-
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1 efits authorized by section 9501(d)(1), (2), (4), and (7) 

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

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

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

5 available from the Fund for fiscal year 2005 for expenses 

6 of operation and administration of the Black Lung Bene7 fits program, as authorized by section 9501(d)(5): 

8 $32,646,000 for transfer to the Employment Standards 

9 Administration, ‘‘Salaries and Expenses’’; $23,705,000 

10 for transfer to Departmental Management, ‘‘Salaries and 

11 Expenses’’; $342,000 for transfer to Departmental Man12 agement, ‘‘Office of Inspector General’’; and $356,000 for 

13 payments into miscellaneous receipts for the expenses of 

14 the Department of the Treasury. 

15 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses for the Occupational Safety 

18 and Health Administration, $468,645,000, including not 

19 to exceed $91,747,000 which shall be the maximum 

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

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

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

23 of State occupational safety and health programs required 

24 to be incurred under plans approved by the Secretary 

25 under section 18 of the Act; and, in addition, notwith-
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1 standing 31 U.S.C. 3302, the Occupational Safety and 

2 Health Administration may retain up to $750,000 per fis3 cal year of training institute course tuition fees, otherwise 

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

5 sums for occupational safety and health training and edu6 cation grants: Provided, That, notwithstanding 31 U.S.C. 

7 3302, the Secretary of Labor is authorized, during the fis8 cal year ending September 30, 2005, to collect and retain 

9 fees for services provided to Nationally Recognized Test10 ing Laboratories, and may utilize such sums, in accord11 ance with the provisions of 29 U.S.C. 9a, to administer 

12 national and international laboratory recognition pro13 grams that ensure the safety of equipment and products 

14 used by workers in the workplace: Provided further, That 

15 none of the funds appropriated under this paragraph shall 

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

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

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

19 in a farming operation which does not maintain a tem20 porary labor camp and employs 10 or fewer employees: 

21 Provided further, That no funds appropriated under this 

22 paragraph shall be obligated or expended to administer or 

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

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

25 who is included within a category having a Days Away, 
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1 Restricted, or Transferred (DART) occupational injury 

2 and illness rate, at the most precise industrial classifica3 tion code for which such data are published, less than the 

4 national average rate as such rates are most recently pub5 lished by the Secretary, acting through the Bureau of 

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

7 (29 U.S.C. 673), except— 

8 (1) to provide, as authorized by such Act, con9 sultation, technical assistance, educational and train10 ing services, and to conduct surveys and studies; 

11 (2) to conduct an inspection or investigation in 

12 response to an employee complaint, to issue a cita13 tion for violations found during such inspection, and 

14 to assess a penalty for violations which are not cor15 rected within a reasonable abatement period and for 

16 any willful violations found; 

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

18 with respect to imminent dangers; 

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

20 with respect to health hazards; 

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

22 with respect to a report of an employment accident 

23 which is fatal to one or more employees or which re24 sults in hospitalization of two or more employees, 
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1 and to take any action pursuant to such investiga2 tion authorized by such Act; and 

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

4 with respect to complaints of discrimination against 

5 employees for exercising rights under such Act: 

6 Provided further, That the foregoing proviso shall not 

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

8 which does not maintain a temporary labor camp and em9 ploys 10 or fewer employees: Provided further, That not 

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

11 the Institutional Competency Building training grants 

12 which commenced in September 2000, for program activi13 ties for the period of September 30, 2005 to September 

14 30, 2006, provided that a grantee has demonstrated satis15 factory performance. 

16 MINE SAFETY AND HEALTH ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Mine Safety and 

19 Health Administration, $280,002,000, including purchase 

20 and bestowal of certificates and trophies in connection 

21 with mine rescue and first-aid work, and the hire of pas22 senger motor vehicles, including up to $2,000,000 for 

23 mine rescue and recovery activities; in addition, not to ex24 ceed $750,000 may be collected by the National Mine 

25 Health and Safety Academy for room, board, tuition, and 
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1 the sale of training materials, otherwise authorized by law 

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

3 education and training activities, notwithstanding 31 

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

5 Administration may retain up to $1,000,000 from fees col6 lected for the approval and certification of equipment, ma7 terials, and explosives for use in mines, and may utilize 

8 such sums for such activities; the Secretary is authorized 

9 to accept lands, buildings, equipment, and other contribu10 tions from public and private sources and to prosecute 

11 projects in cooperation with other agencies, Federal, 

12 State, or private; the Mine Safety and Health Administra13 tion is authorized to promote health and safety education 

14 and training in the mining community through cooperative 

15 programs with States, industry, and safety associations; 

16 and any funds available to the department may be used, 

17 with the approval of the Secretary, to provide for the costs 

18 of mine rescue and survival operations in the event of a 

19 major disaster. 

20 BUREAU OF LABOR STATISTICS

21 SALARIES AND EXPENSES

22 For necessary expenses for the Bureau of Labor Sta23 tistics, including advances or reimbursements to State, 

24 Federal, and local agencies and their employees for serv25 ices rendered, $455,045,000, together with not to exceed 
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1 $78,473,000, which may be expended from the Employ2 ment Security Administration Account in the Unemploy3 ment Trust Fund, of which $5,000,000 may be used to 

4 fund the mass layoff statistics program under section 15 

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

6 OFFICE OF DISABILITY EMPLOYMENT POLICY

7 SALARIES AND EXPENSES

8 For necessary expenses for the Office of Disability 

9 Employment Policy to provide leadership, develop policy 

10 and initiatives, and award grants furthering the objective 

11 of eliminating barriers to the training and employment of 

12 people with disabilities, $47,555,000. 

13 DEPARTMENTAL MANAGEMENT

14 SALARIES AND EXPENSES

15 For necessary expenses for Departmental Manage16 ment, including the hire of three sedans, and including 

17 the management or operation, through contracts, grants 

18 or other arrangements of Departmental activities con19 ducted by or through the Bureau of International Labor 

20 Affairs, including bilateral and multilateral technical as21 sistance and other international labor activities, 

22 $356,728,000, of which, $15,000,000, to remain available 

23 until September 30, 2006, is for Frances Perkins Building 

24 Security Enhancements, and $33,565,000 is for the acqui25 sition of Departmental information technology, architec-
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1 ture, infrastructure, equipment, software and related 

2 needs, which will be allocated by the Department’s Chief 

3 Information Officer in accordance with the Department’s 

4 capital investment management process to assure a sound 

5 investment strategy; together with not to exceed 

6 $322,000, which may be expended from the Employment 

7 Security Administration Account in the Unemployment 

8 Trust Fund: Provided, That no funds made available by 

9 this Act may be used by the Solicitor of Labor to partici10 pate in a review in any United States court of appeals 

11 of any decision made by the Benefits Review Board under 

12 section 21 of the Longshore and Harbor Workers’ Com13 pensation Act (33 U.S.C. 921) where such participation 

14 is precluded by the decision of the United States Supreme 

15 Court in Director, Office of Workers’ Compensation Pro16 grams v. Newport News Shipbuilding, 115 S. Ct. 1278 

17 (1995), notwithstanding any provisions to the contrary 

18 contained in Rule 15 of the Federal Rules of Appellate 

19 Procedure: Provided further, That no funds made available 

20 by this Act may be used by the Secretary of Labor to re21 view a decision under the Longshore and Harbor Workers’ 

22 Compensation Act (33 U.S.C. 901 et seq.) that has been 

23 appealed and that has been pending before the Benefits 

24 Review Board for more than 12 months: Provided further, 

25 That any such decision pending a review by the Benefits 
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1 Review Board for more than 1 year shall be considered 

2 affirmed by the Benefits Review Board on the 1-year anni3 versary of the filing of the appeal, and shall be considered 

4 the final order of the Board for purposes of obtaining a 

5 review in the United States courts of appeals: Provided 

6 further, That these provisions shall not be applicable to 

7 the review or appeal of any decision issued under the 

8 Black Lung Benefits Act (30 U.S.C. 901 et seq.). 

9 VETERANS EMPLOYMENT AND TRAINING

10 Not to exceed $194,098,000 may be derived from the 

11 Employment Security Administration Account in the Un12 employment Trust Fund to carry out the provisions of 38 

13 U.S.C. 4100–4110A, 4212, 4214, and 4321–4327, and 

14 Public Law 103–353, and which shall be available for obli15 gation by the States through December 31, 2005, of which 

16 $2,000,000 is for the National Veterans’ Employment and 

17 Training Services Institute. To carry out the Homeless 

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

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

20 2913), $32,683,000, of which $9,683,000 shall be avail21 able for obligation for the period July 1, 2005 through 

22 June 30, 2006. 

23 OFFICE OF INSPECTOR GENERAL

24 For salaries and expenses of the Office of Inspector 

25 General in carrying out the provisions of the Inspector 

26 General Act of 1978, as amended, $64,029,000, together 
22 

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1 with not to exceed $5,561,000, which may be expended 

2 from the Employment Security Administration Account in 

3 the Unemployment Trust Fund. 

4 WORKING CAPITAL FUND

5 For the acquisition of a new core accounting system 

6 for the Department of Labor, including hardware and 

7 software infrastructure and the costs associated with im8 plementation thereof, $15,000,000. 

9 GENERAL PROVISIONS

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

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

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

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

14 II. 

15 (TRANSFER OR REPROGRAMMING OF FUNDS)

16 SEC. 102. Not to exceed 1 percent of any discre17 tionary funds (pursuant to the Balanced Budget and 

18 Emergency Deficit Control Act of 1985, as amended) 

19 which are appropriated for the current fiscal year for the 

20 Department of Labor in this Act may be transferred or 

21 reprogrammed between a program, project, or activity, but 

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

23 by more than 3 percent by any such transfer or re24 programming: Provided, That the Appropriations Commit25 tees of both Houses of Congress are notified at least 15 

26 days in advance of any transfer, reprogramming request 
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1 or announcement of such transfer or reprogramming re2 quest. 

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

4 13126, none of the funds appropriated or otherwise made 

5 available pursuant to this Act shall be obligated or ex6 pended for the procurement of goods mined, produced, 

7 manufactured, or harvested or services rendered, whole or 

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

9 and host countries already identified by the United States 

10 Department of Labor prior to enactment of this Act. 

11 SEC. 104. There is authorized to be appropriated 

12 such sums as may be necessary to the Denali Commission 

13 through the Department of Labor to conduct job training 

14 of the local workforce where Denali Commission projects 

15 will be constructed. 

16 SEC. 105. Not later than 30 days after the date of 

17 enactment of this Act, the Secretary of Labor shall issue 

18 a monthly transit subsidy of not less than the amount each 

19 of its employees of the National Capital Region is eligible 

20 to receive, not to exceed a maximum of $100, as directed 

21 by Executive Order 13150. 

22 SEC. 106. The Department of Labor shall submit its 

23 fiscal year 2006 congressional budget justifications to the 

24 Committees on Appropriations of the House of Represent-
24 

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1 atives and the Senate using the identical structure pro2 vided under this Act. 

3 SEC. 107. None of the funds provided in this Act may 

4 be used by the Department of Labor to implement or ad5 minister any change to regulations regarding overtime 

6 compensation (contained in part 541 of title 29, Code of 

7 Federal Regulations) in effect on July 14, 2004, except 

8 those changes in the Department of Labor’s final regula9 tion published in the Federal Register on April 23, 2004 

10 at section 541.600 of such title 29. 

11 SEC. 108. Overtime regulations promulgated by the 

12 Department of Labor and in effect as of July 14, 2004 

13 are reinstated, except for salary requirements superseded 

14 by section 541.600 of the final overtime regulation pub15 lished in the Federal Register on April 23, 2004. 

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

17 Appropriations Act, 2005’’. 

18 TITLE II—DEPARTMENT OF HEALTH AND 

19 HUMAN SERVICES 

20 HEALTH RESOURCES AND SERVICES ADMINISTRATION

21 HEALTH RESOURCES AND SERVICES

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

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

24 427(a) of the Federal Coal Mine Health and Safety Act, 

25 title V of the Social Security Act, and sections 1128E, 
25 

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1 711 and 1820 of the Social Security Act, the Health Care 

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

3 Hawaiian Health Care Act of 1988, as amended, the Car4 diac Arrest Survival Act of 2000, and the Poison Control 

5 Center Enhancement and Awareness Act, as amended, 

6 $6,941,280,000, of which $371,536,000 shall be available 

7 for construction and renovation (including equipment) of 

8 health care and other facilities and other health-related 

9 activities, and of which $39,499,000 from general reve10 nues, notwithstanding section 1820(j) of the Social Secu11 rity Act, shall be available for carrying out the Medicare 

12 rural hospital flexibility grants program under section 

13 1820 of such Act: Provided, That of the funds made avail14 able under this heading, $249,000 shall be available until 

15 expended for facilities renovations at the Gillis W. Long 

16 Hansen’s Disease Center: Provided further, That in addi17 tion to fees authorized by section 427(b) of the Health 

18 Care Quality Improvement Act of 1986, fees shall be col19 lected for the full disclosure of information under the Act 

20 sufficient to recover the full costs of operating the Na21 tional Practitioner Data Bank, and shall remain available 

22 until expended to carry out that Act: Provided further, 

23 That fees collected for the full disclosure of information 

24 under the ‘‘Health Care Fraud and Abuse Data Collection 

25 Program’’, authorized by section 1128E(d)(2) of the So-
26 

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1 cial Security Act, shall be sufficient to recover the full 

2 costs of operating the program, and shall remain available 

3 until expended to carry out that Act: Provided further, 

4 That $31,000,000 of the funding provided for community 

5 health centers shall be used for base grant adjustments 

6 for existing centers: Provided further, That no more than 

7 $4,821,000 is available until expended for carrying out the 

8 provisions of U.S.C. Title 42 Section 233(o) including as9 sociated administrative expenses: Provided further, That 

10 no more than $45,000,000 is available until expended for 

11 carrying out the provisions of Public Law 104–73: Pro12 vided further, That $9,941,000 is available until expended 

13 for the National Cord Blood Stem Cell Bank Program as 

14 described in House Report 108–401: Provided further, 

15 That of the funds made available under this heading, 

16 $308,283,000 shall be for the program under title X of 

17 the Public Health Service Act to provide for voluntary 

18 family planning projects: Provided further, That amounts 

19 provided to said projects under such title shall not be ex20 pended for abortions, that all pregnancy counseling shall 

21 be nondirective, and that such amounts shall not be ex22 pended for any activity (including the publication or dis23 tribution of literature) that in any way tends to promote 

24 public support or opposition to any legislative proposal or 

25 candidate for public office: Provided further, That 
27 

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1 $783,872,000 shall be for State AIDS Drug Assistance 

2 Programs authorized by section 2616 of the Public Health 

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

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

5 amounts available under section 241 of the Public Health 

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

7 XXVI of the Public Health Service Act to fund section 

8 2691 Special Projects of National Significance: Provided 

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

10 Social Security Act, not to exceed $122,530,000 is avail11 able for carrying out special projects of regional and na12 tional significance pursuant to section 501(a)(2) of such 

13 Act. 

14 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

15 ACCOUNT

16 Such sums as may be necessary to carry out the pur17 pose of the program, as authorized by title VII of the Pub18 lic Health Service Act, as amended. For administrative ex19 penses to carry out the guaranteed loan program, includ20 ing section 709 of the Public Health Service Act, 

21 $3,270,000. 

22 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

23 For payments from the Vaccine Injury Compensation 

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

25 claims associated with vaccine-related injury or death with 

26 respect to vaccines administered after September 30, 
28 

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1 1988, pursuant to subtitle 2 of title XXI of the Public 

2 Health Service Act, to remain available until expended: 

3 Provided, That for necessary administrative expenses, not 

4 to exceed $3,176,000 shall be available from the Trust 

5 Fund to the Secretary of Health and Human Services. 

6 CENTERS FOR DISEASE CONTROL AND PREVENTION

7 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

10 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal 

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

12 22 of the Occupational Safety and Health Act of 1970, 

13 title IV of the Immigration and Nationality Act, and sec14 tion 501 of the Refugee Education Assistance Act of 1980; 

15 including purchase and insurance of official motor vehicles 

16 in foreign countries; and purchase, hire, maintenance, and 

17 operation of aircraft, $4,538,592,000, of which 

18 $294,500,000 shall remain available until expended for 

19 equipment, and construction and renovation of facilities, 

20 and of which $118,842,000 for international HIV/AIDS 

21 shall remain available until September 30, 2006. In addi22 tion, such sums as may be derived from authorized user 

23 fees, which shall be credited to this account: Provided, 

24 That in addition to amounts provided herein, the following 

25 amounts shall be available from amounts available under 
29 

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1 section 241 of the Public Health Service Act (1) 

2 $12,794,000 to carry out the National Immunization Sur3 veys; (2) $109,021,000 to carry out the National Center 

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

5 information systems standards development and architec6 ture and applications-based research used at local public 

7 health levels; (4) $4,974,000 for Public Health 

8 Informatics evaluations; (5) $463,000 for Health Mar9 keting evaluations; (6) $35,000,000 to carry out Public 

10 Health Research; and (7) $82,097,000 to carry out Re11 search Tools and Approaches activities within the National 

12 Occupational Research Agenda: Provided further, That 

13 none of the funds made available for injury prevention and 

14 control at the Centers for Disease Control and Prevention 

15 may be used, in whole or in part, to advocate or promote 

16 gun control: Provided further, That up to $30,000,000 

17 shall be made available until expended for Individual 

18 Learning Accounts for full-time equivalent employees of 

19 the Centers for Disease Control and Prevention: Provided 

20 further, That the Director may redirect the total amount 

21 made available under authority of Public Law 101–502, 

22 section 3, dated November 3, 1990, to activities the Direc23 tor may so designate: Provided further, That the Congress 

24 is to be notified promptly of any such transfer: Provided 

25 further, That not to exceed $12,500,000 may be available 
30 

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1 for making grants under section 1509 of the Public 

2 Health Service Act to not more than 15 States, tribes, 

3 or tribal organizations: Provided further, That without re4 gard to existing statute, funds appropriated may be used 

5 to proceed, at the discretion of the Centers for Disease 

6 Control and Prevention, with property acquisition, includ7 ing a long-term ground lease for construction on non-Fed8 eral land, to support the construction of a replacement 

9 laboratory in the Fort Collins, Colorado area: Provided 

10 further, That notwithstanding any other provision of law, 

11 a single contract or related contracts for development and 

12 construction of facilities may be employed which collec13 tively include the full scope of the project: Provided fur14 ther, That the solicitation and contract shall contain the 

15 clause ‘‘availability of funds’’ found at 48 CFR 52.232– 

16 18: Provided further, That the Director of the Centers for 

17 Disease Control and Prevention may direct up to 1 percent 

18 of the amount made available for any program, project 

19 or activity in this Act to the Centers for Disease Control 

20 and Prevention to programs, projects, and activities the 

21 Director may so designate: Provided further, That no such 

22 program, project, or activity shall be decreased by more 

23 than 1 percent by any such transfers: Provided further, 

24 That no such program, project, or activity shall be in-
31 

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1 creased by more than 3 percent and that Congress is 

2 promptly notified of the transfer. 

3 NATIONAL INSTITUTES OF HEALTH

4 NATIONAL CANCER INSTITUTE

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

7 $4,894,900,000, of which up to $8,000,000 may be used 

8 for facilities repairs and improvements at the NCI–Fred9 erick Federally Funded Research and Development Center 

10 in Frederick, Maryland. 

11 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

14 and blood diseases, and blood and blood products, 

15 $2,985,900,000. 

16 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

17 RESEARCH

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to dental disease, 

20 $399,200,000. 

21 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

22 KIDNEY DISEASES

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to diabetes and diges25 tive and kidney disease, $1,739,100,000. 
32 

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1 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

2 AND STROKE

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to neurological dis5 orders and stroke, $1,569,100,000. 

6 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

7 DISEASES

8 (INCLUDING TRANSFER OF FUNDS)

9 For carrying out section 301 and title IV of the Pub10 lic Health Service Act with respect to allergy and infec11 tious diseases, $4,456,300,000: Provided, That 

12 $149,115,000 may be made available to International As13 sistance Programs, ‘‘Global Fund to Fight HIV/AIDS, 

14 Malaria, and Tuberculosis’’, to remain available until ex15 pended: Provided further, That up to $150,000,000 shall 

16 be for extramural facilities construction grants to enhance 

17 the Nation’s capability to do research on biological and 

18 other agents. 

19 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

22 sciences, $1,975,500,000. 
33 

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1 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

2 DEVELOPMENT

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

5 human development, $1,288,900,000. 

6 NATIONAL EYE INSTITUTE

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

9 visual disorders, $680,300,000. 

10 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

11 SCIENCES

12 For carrying out sections 301 and 311 and title IV 

13 of the Public Health Service Act with respect to environ14 mental health sciences, $655,100,000. 

15 NATIONAL INSTITUTE ON AGING

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

18 $1,094,500,000. 

19 NATIONAL INSTITUTE OF ARTHRITIS AND

20 MUSCULOSKELETAL AND SKIN DISEASES

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to arthritis and mus23 culoskeletal and skin diseases, $520,900,000. 
34 

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1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

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

5 communication disorders, $399,000,000. 

6 NATIONAL INSTITUTE OF NURSING RESEARCH

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to nursing research, 

9 $140,200,000. 

10 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

11 ALCOHOLISM

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to alcohol abuse and 

14 alcoholism, $444,900,000. 

15 NATIONAL INSTITUTE ON DRUG ABUSE

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

18 $1,026,200,000. 

19 NATIONAL INSTITUTE OF MENTAL HEALTH

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

22 $1,436,800,000. 

23 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

24 For carrying out section 301 and title IV of the Pub25 lic Health Service Act with respect to human genome re26 search, $496,400,000. 
35 

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1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

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

5 and bioengineering research, $300,800,000. 

6 NATIONAL CENTER FOR RESEARCH RESOURCES

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

9 and general research support grants, $1,213,400,000: 

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

11 recipients of the general research support grants program 

12 any amount for indirect expenses in connection with such 

13 grants: Provided further, That $119,220,000 shall be for 

14 extramural facilities construction grants. 

15 NATIONAL CENTER FOR COMPLEMENTARY AND

16 ALTERNATIVE MEDICINE

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

19 alternative medicine, $121,900,000. 

20 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

21 DISPARITIES

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to minority health and 

24 health disparities research, $197,900,000. 
36 

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1 JOHN E. FOGARTY INTERNATIONAL CENTER

2 For carrying out the activities at the John E. 

3 Fogarty International Center, $67,600,000. 

4 NATIONAL LIBRARY OF MEDICINE

5 For carrying out section 301 and title IV of the Pub6 lic Health Service Act with respect to health information 

7 communications, $316,900,000, of which $4,000,000 shall 

8 be available until expended for improvement of informa9 tion systems: Provided, That in fiscal year 2005, the Li10 brary may enter into personal services contracts for the 

11 provision of services in facilities owned, operated, or con12 structed under the jurisdiction of the National Institutes 

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

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

15 amounts available under section 241 of the Public Health 

16 Service Act to carry out National Information Center on 

17 Health Services Research and Health Care Technology 

18 and related health services. 

19 OFFICE OF THE DIRECTOR

20 (INCLUDING TRANSFER OF FUNDS)

21 For carrying out the responsibilities of the Office of 

22 the Director, National Institutes of Health, $364,100,000, 

23 of which up to $10,000,000 shall be used to carry out sec24 tion 218 of this Act: Provided, That funding shall be avail25 able for the purchase of not to exceed 29 passenger motor 

26 vehicles for replacement only: Provided further, That the 
37 

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

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

3 Institutes of Health appropriations to activities the Direc4 tor may so designate: Provided further, That no such ap5 propriation shall be decreased by more than 1 percent by 

6 any such transfers and that the Congress is promptly noti7 fied of the transfer: Provided further, That the National 

8 Institutes of Health is authorized to collect third party 

9 payments for the cost of clinical services that are incurred 

10 in National Institutes of Health research facilities and 

11 that such payments shall be credited to the National Insti12 tutes of Health Management Fund: Provided further, That 

13 all funds credited to the National Institutes of Health 

14 Management Fund shall remain available for 1 fiscal year 

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

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

17 out section 499 of the Public Health Service Act. 

18 BUILDINGS AND FACILITIES

19 (INCLUDING TRANSFER OF FUNDS)

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

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

22 National Institutes of Health, including the acquisition of 

23 real property, $114,500,000, to remain available until ex24 pended: Provided, That notwithstanding any other provi25 sion of law, single contracts or related contracts, which 

26 collectively include the full scope of the project, may be 
38 

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1 employed for the development and construction of the first 

2 and second phases of the John Edward Porter Neuro3 science Research Center: Provided further, That the solici4 tations and contracts shall contain the clause ‘‘availability 

5 of funds’’ found at 48 CFR 52.232–18. 

6 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

7 ADMINISTRATION

8 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

9 For carrying out titles V and XIX of the Public 

10 Health Service Act with respect to substance abuse and 

11 mental health services, the Protection and Advocacy for 

12 Individuals with Mental Illness Act, and section 301 of 

13 the Public Health Service Act with respect to program 

14 management, $3,361,426,000: Provided, That in addition 

15 to amounts provided herein, the following amounts shall 

16 be available from amounts available under section 241 of 

17 the Public Health Service Act: (1) $79,200,000 to carry 

18 out subpart II of title XIX of the Public Health Service 

19 Act to fund section 1935(b) technical assistance, national 

20 data, data collection and evaluation activities, and further 

21 that the total available under this Act for section 1935(b) 

22 activities shall not exceed 5 percent of the amounts appro23 priated for subpart II of title XIX; (2) $21,803,000 to 

24 carry out subpart I of Part B of title XIX of the Public 

25 Health Service Act to fund section 1920(b) technical as-
39 

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1 sistance, data collection and program evaluation activities, 

2 and further that the total available under this Act for sec3 tion 1920(b) activities shall not exceed 5 percent of the 

4 amounts appropriated for subpart I of Part B of title XIX; 

5 (3) $16,000,000 to carry out national surveys on drug 

6 abuse; (4) $2,000,000 for mental health data collection; 

7 and (5) $4,300,000 to evaluate substance abuse treatment 

8 programs. 

9 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

10 HEALTHCARE RESEARCH AND QUALITY

11 For carrying out titles III and IX of the Public 

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

13 Security Act, amounts received from Freedom of Informa14 tion Act fees, reimbursable and interagency agreements, 

15 and the sale of data shall be credited to this appropriation 

16 and shall remain available until expended: Provided, That 

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

18 the Public Health Service Act shall not exceed 

19 $318,695,000. 

20 CENTERS FOR MEDICARE AND MEDICAID SERVICES

21 GRANTS TO STATES FOR MEDICAID

22 For carrying out, except as otherwise provided, titles 

23 XI and XIX of the Social Security Act, $119,124,488,000, 

24 to remain available until expended. 
40 

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1 For making, after May 31, 2005, payments to States 

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

3 quarter of fiscal year 2005 for unanticipated costs, in4 curred for the current fiscal year, such sums as may be 

5 necessary. 

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

8 Security Act for the first quarter of fiscal year 2006, 

9 $58,517,290,000, to remain available until expended. 

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

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

13 quarter and approved in that or any subsequent quarter. 

14 PAYMENTS TO HEALTH CARE TRUST FUNDS

15 For payment to the Federal Hospital Insurance and 

16 the Federal Supplementary Medical Insurance Trust 

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

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

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

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

22 Security Act, $114,608,900,000. To ensure prompt pay23 ments of Medicare prescription drug benefits as provided 

24 under section 1860 D–16 of the Social Security Act, 

25 $5,216,900,000, to become available on October 1, 2005 

26 for fiscal year 2006. 
41 

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1 PROGRAM MANAGEMENT

2 For carrying out, except as otherwise provided, titles 

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

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

5 the Clinical Laboratory Improvement Amendments of 

6 1988, not to exceed $2,756,644,000, to be transferred 

7 from the Federal Hospital Insurance and the Federal Sup8 plementary Medical Insurance Trust Funds, as authorized 

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

10 all funds collected in accordance with section 353 of the 

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

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

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

14 remain available until expended: Provided, That all funds 

15 derived in accordance with 31 U.S.C. 9701 from organiza16 tions established under title XIII of the Public Health 

17 Service Act shall be credited to and available for carrying 

18 out the purposes of this appropriation: Provided further, 

19 That $24,400,000, to remain available until September 

20 30, 2006, is for contract costs for CMS’s Systems Revital21 ization Plan: Provided further, That $78,300,000, to re22 main available until September 30, 2006, is for contract 

23 costs for the Healthcare Integrated General Ledger Ac24 counting System: Provided further, That not more than 

25 $13,000,000 shall be available for the Healthy Start, 
42 

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1 Grow Smart program: Provided further, That not less than 

2 $129,000,000 shall be for proceessing Medicare appeals, 

3 of which up to $50,000,000 shall be transferred to the 

4 Social Security Administration for processing Medicare 

5 appeals: Provided further, That the Secretary of Health 

6 and Human Services is directed to collect fees in fiscal 

7 year 2005 from Medicare∂Choice organizations pursuant 

8 to section 1857(e)(2) of the Social Security Act and from 

9 eligible organizations with risk-sharing contracts under 

10 section 1876 of that Act pursuant to section 

11 1876(k)(4)(D) of that Act: Provided further, that to the 

12 extent Medicare claims processing unit costs are projected 

13 by the Centers for Medicare and Medicaid Services to ex14 ceed $0.87 for Part A claims and/or $0.63 for Part B 

15 claims, up to an additional $18,000,000 may be available 

16 for obligation for every $0.04 increase in Medicare claims 

17 processing unit costs from the Federal Hospital Insurance 

18 and the Federal Supplementary Medical Insurance Trust 

19 Funds. The calculation of projected unit costs shall be de20 rived in the same manner in which the estimated unit 

21 costs were calculated for the Federal budget estimate for 

22 the fiscal year. 

23 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

24 GUARANTEE FUND

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

26 1308 of the Public Health Service Act, any amounts re-
43 

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1 ceived by the Secretary in connection with loans and loan 

2 guarantees under title XIII of the Public Health Service 

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

4 payment of outstanding obligations. During fiscal year 

5 2005, no commitments for direct loans or loan guarantees 

6 shall be made. 

7 ADMINISTRATION FOR CHILDREN AND FAMILIES

8 PAYMENTS TO STATES FOR CHILD SUPPORT

9 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

10 For making payments to States or other non-Federal 

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

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

13 U.S.C. ch. 9), $2,873,802,000, to remain available until 

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

15 fiscal year 2006, $1,200,000,000, to remain available until 

16 expended. 

17 For making payments to each State for carrying out 

18 the program of Aid to Families with Dependent Children 

19 under title IV–A of the Social Security Act before the ef20 fective date of the program of Temporary Assistance for 

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

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

23 amounts available to a State with respect to expenditures 

24 under such title IV–A in fiscal year 1997 under this ap25 propriation and under such title IV–A as amended by the 
44 

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1 Personal Responsibility and Work Opportunity Reconcili2 ation Act of 1996 shall not exceed the limitations under 

3 section 116(b) of such Act. 

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

5 payments to States or other non-Federal entities under 

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

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

8 the last 3 months of the current fiscal year for unantici9 pated costs, incurred for the current fiscal year, such sums 

10 as may be necessary. 

11 LOW-INCOME HOME ENERGY ASSISTANCE

12 For making payments under title XXVI of the Omni13 bus Budget Reconciliation Act of 1981, $1,901,090,000, 

14 of which $500,000 may be available for evaluation pur15 poses. 

16 For making payments under title XXVI of the Omni17 bus Budget Reconciliation Act of 1981, $99,410,000, to 

18 remain available until expended: Provided, That these 

19 funds are for the unanticipated home energy assistance 

20 needs of one or more States, as authorized by section 

21 2604(e) of the Act, and notwithstanding the designation 

22 requirement of section 2602(e). 

23 REFUGEE AND ENTRANT ASSISTANCE

24 For necessary expenses for refugee and entrant as25 sistance activities and for costs associated with the care 

26 and placement of unaccompanied alien children authorized 
45 

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1 by title IV of the Immigration and Nationality Act and 

2 section 501 of the Refugee Education Assistance Act of 

3 1980 (Public Law 96–422), for carrying out section 462 

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

5 296), and for carrying out section 5 of the Torture Vic6 tims Relief Act of 2003 (Public Law 108–179), 

7 $477,239,000, of which up to $10,000,000 shall be avail8 able to carry out the Trafficking Victims Protection Act 

9 of 2003 (Public Law 108–193): Provided, That funds ap10 propriated under this heading pursuant to section 414(a) 

11 of the Immigration and Nationality Act and section 462 

12 of the Homeland Security Act of 2002 for fiscal year 2005 

13 shall be available for the costs of assistance provided and 

14 other activities, to remain available through September 30, 

15 2007. 

16 PAYMENTS TO STATES FOR THE CHILD CARE AND

17 DEVELOPMENT BLOCK GRANT

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

19 Omnibus Budget Reconciliation Act of 1981 (The Child 

20 Care and Development Block Grant Act of 1990), 

21 $2,099,729,000 shall be used to supplement, not supplant 

22 state general revenue funds for child care assistance for 

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

24 available for child care resource and referral and school25 aged child care activities, of which $1,000,000 shall be for 

26 the Child Care Aware toll free hotline: Provided further, 
46 

S 2810 PCS 

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

2 by the States under section 658G, $272,672,000 shall be 

3 reserved by the States for activities authorized under sec4 tion 658G, of which $100,000,000 shall be for activities 

5 that improve the quality of infant and toddler care: Pro6 vided further, That $10,000,000 shall be for use by the 

7 Secretary for child care research, demonstration, and eval8 uation activities. 

9 SOCIAL SERVICES BLOCK GRANT

10 For making grants to States pursuant to section 

11 2002 of the Social Security Act, $1,700,000,000: Pro12 vided, That notwithstanding subparagraph (B) of section 

13 404(d)(2) of such Act, the applicable percent specified 

14 under such subparagraph for a State to carry out State 

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

16 percent. 

17 CHILDREN AND FAMILIES SERVICES PROGRAMS

18 For carrying out, except as otherwise provided, the 

19 Runaway and Homeless Youth Act, the Developmental 

20 Disabilities Assistance and Bill of Rights Act, the Head 

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

22 sections 310 and 316 of the Family Violence Prevention 

23 and Services Act, as amended, the Native American Pro24 grams Act of 1974, title II of Public Law 95–266 (adop25 tion opportunities), the Adoption and Safe Families Act 

26 of 1997 (Public Law 105–89), sections 1201 and 1211 
47 

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1 of the Children’s Health Act of 2000, the Abandoned In2 fants Assistance Act of 1988, sections 261 and 291 of the 

3 Help America Vote Act of 2002, the Early Learning Op4 portunities Act, part B(1) of title IV and sections 413, 

5 429A, 1110, and 1115 of the Social Security Act, and sec6 tions 40155, 40211, and 40241 of Public Law 103–322; 

7 for making payments under the Community Services 

8 Block Grant Act, sections 439(h), 473A, 474, and 477(i) 

9 of the Social Security Act, and title IV of Public Law 105– 

10 285, and for necessary administrative expenses to carry 

11 out said Acts and titles I, IV, V, X, XI, XIV, XVI, and 

12 XX of the Social Security Act, the Act of July 5, 1960 

13 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act 

14 of 1981, title IV of the Immigration and Nationality Act, 

15 section 501 of the Refugee Education Assistance Act of 

16 1980, section 5 of the Torture Victims Relief Act of 1998 

17 (Public Law 105–320), sections 40155, 40211, and 40241 

18 of Public Law 103–322, and section 126 and titles IV and 

19 V of Public Law 100–485, $9,094,146,000, of which 

20 $32,103,000, to remain available until September 30, 

21 2006, shall be for grants to States for adoption incentive 

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

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

24 made for adoptions completed before September 30, 2005: 

25 Provided further, That $6,935,452,000 shall be for making 
48 

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1 payments under the Head Start Act, of which 

2 $1,400,000,000 shall become available October 1, 2005 

3 and remain available through September 30, 2006: Pro4 vided further, That $727,650,000 shall be for making pay5 ments under the Community Services Block Grant Act: 

6 Provided further, That not less than $7,500,000 shall be 

7 for section 680(3)(B) of the Community Services Block 

8 Grant Act, as amended: Provided further, That not less 

9 than $2,000,000 shall be for neighborhood innovation 

10 projects under section 608(a)(4) of the Community Serv11 ices Block Grant Act, as amended: Provided further, That 

12 in addition to amounts provided herein, $6,000,000 shall 

13 be available from amounts available under section 241 of 

14 the Public Health Service Act to carry out the provisions 

15 of section 1110 of the Social Security Act: Provided fur16 ther, That to the extent Community Services Block Grant 

17 funds are distributed as grant funds by a State to an eligi18 ble entity as provided under the Act, and have not been 

19 expended by such entity, they shall remain with such enti20 ty for carryover into the next fiscal year for expenditure 

21 by such entity consistent with program purposes: Provided 

22 further, That the Secretary shall establish procedures re23 garding the disposition of intangible property which per24 mits grant funds, or intangible assets acquired with funds 

25 authorized under section 680 of the Community Services 
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1 Block Grant Act, as amended, to become the sole property 

2 of such grantees after a period of not more than 12 years 

3 after the end of the grant for purposes and uses consistent 

4 with the original grant: Provided further, That funds ap5 propriated for section 680(a)(2) of the Community Serv6 ices Block Grant Act, as amended, shall be available for 

7 financing construction and rehabilitation and loans or in8 vestments in private business enterprises owned by com9 munity development corporations: Provided further, That 

10 $47,702,000 is for a compassion capital fund to provide 

11 grants to charitable organizations to emulate model social 

12 service programs and to encourage research on the best 

13 practices of social service organizations: Provided further, 

14 That $14,912,000 shall be for activities authorized by the 

15 Help America Vote Act of 2002, of which $10,000,000 

16 shall be for payments to States to promote access for vot17 ers with disabilities, and of which $4,912,000 shall be for 

18 payments to States for protection and advocacy systems 

19 for voters with disabilities: Provided further, That 

20 $100,000,000 shall be for making competitive grants to 

21 provide abstinence education (as defined by section 

22 510(b)(2) of the Social Security Act) to adolescents, and 

23 for Federal costs of administering the grant: Provided fur24 ther, That grants under the immediately preceding proviso 

25 shall be made only to public and private entities which 
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1 agree that, with respect to an adolescent to whom the enti2 ties provide abstinence education under such grant, the 

3 entities will not provide to that adolescent any other edu4 cation regarding sexual conduct, except that, in the case 

5 of an entity expressly required by law to provide health 

6 information or services the adolescent shall not be pre7 cluded from seeking health information or services from 

8 the entity in a different setting than the setting in which 

9 the abstinence education was provided: Provided further, 

10 That in addition to amounts provided herein for absti11 nence education to adolescents, $4,500,000 shall be avail12 able from amounts available under section 241 of the Pub13 lic Health Services Act to carry out evaluations (including 

14 longitudinal evaluations) of adolescent pregnancy preven15 tion approaches: Provided further, That $2,000,000 shall 

16 be for improving the Public Assistance Reporting Informa17 tion System, including grants to States to support data 

18 collection for a study of the system’s effectiveness. 

19 PROMOTING SAFE AND STABLE FAMILIES

20 For carrying out section 436 of the Social Security 

21 Act, $305,000,000 and for section 437, $99,383,000. 

22 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

23 ASSISTANCE

24 For making payments to States or other non-Federal 

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

26 $5,037,900,000. 
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1 For making payments to States or other non-Federal 

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

3 of fiscal year 2006, $1,767,200,000. 

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

5 payments to States or other non-Federal entities under 

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

7 current fiscal year for unanticipated costs, incurred for the 

8 current fiscal year, such sums as may be necessary. 

9 ADMINISTRATION ON AGING

10 AGING SERVICES PROGRAMS

11 For carrying out, to the extent not otherwise pro12 vided, the Older Americans Act of 1965, as amended, and 

13 section 398 of the Public Health Service Act, 

14 $1,395,117,000, of which $4,558,000 shall remain avail15 able until September 30, 2007, for the White House Con16 ference on Aging. 

17 OFFICE OF THE SECRETARY

18 GENERAL DEPARTMENTAL MANAGEMENT

19 For necessary expenses, not otherwise provided, for 

20 general departmental management, including hire of six 

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

22 of the Public Health Service Act, and the United States23 Mexico Border Health Commission Act, $376,704,000, to24 gether with $5,851,000 to be transferred and expended 

25 as authorized by section 201(g)(1) of the Social Security 
52 

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1 Act from the Hospital Insurance Trust Fund and the Sup2 plemental Medical Insurance Trust Fund: Provided, That 

3 of the funds made available under this heading for car4 rying out title XX of the Public Health Service Act, 

5 $16,891,000 shall be for activities specified under section 

6 2003(b)(2), all of which shall be for prevention service 

7 demonstration grants under section 510(b)(2) of title V 

8 of the Social Security Act, as amended, without applica9 tion of the limitation of section 2010(c) of said title XX: 

10 Provided further, That of this amount, $52,838,000 shall 

11 be for minority AIDS prevention and treatment activities; 

12 $14,847,000 shall be for an Information Technology Secu13 rity and Innovation Fund for Department-wide activities 

14 involving cybersecurity, information technology security, 

15 and related innovation projects; $2,500,000 shall be for 

16 a national abstinence education campaign; and 

17 $6,000,000 shall be to assist Afghanistan in the develop18 ment of maternal and child health clinics, consistent with 

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

20 Act of 2002: Provided further, That no more than 

21 $2,754,000 shall be available for the Office of the Assist22 ant Secretary for Legislation. 

23 OFFICE OF INSPECTOR GENERAL

24 For expenses necessary for the Office of Inspector 

25 General in carrying out the provisions of the Inspector 

26 General Act of 1978, as amended, $40,323,000: Provided, 
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1 That, of such amount, necessary sums are available for 

2 providing protective services to the Secretary and inves3 tigating non-payment of child support cases for which non4 payment is a Federal offense under 18 U.S.C. 228. 

5 OFFICE FOR CIVIL RIGHTS

6 For expenses necessary for the Office for Civil 

7 Rights, $32,043,000, together with not to exceed 

8 $3,314,000 to be transferred and expended as authorized 

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

10 Hospital Insurance Trust Fund and the Supplemental 

11 Medical Insurance Trust Fund. 

12 POLICY RESEARCH

13 For carrying out, to the extent not otherwise pro14 vided, research studies under section 1110 of the Social 

15 Security Act and title III of the Public Health Service Act, 

16 $28,750,000, which shall be available from amounts avail17 able under section 241 of the Public Health Service Act 

18 to carry out national health or human services research 

19 and evaluation activities: Provided, That the expenditure 

20 of any funds available under section 241 of the Public 

21 Health Service Act are subject to the requirements of sec22 tion 205 of this Act. 

23 RETIREMENT PAY AND MEDICAL BENEFITS FOR

24 COMMISSIONED OFFICERS

25 For retirement pay and medical benefits of Public 

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

2 Protection Plan and Survivor Benefit Plan, for medical 

3 care of dependents and retired personnel under the De4 pendents’ Medical Care Act (10 U.S.C. ch. 55 and 56), 

5 and for payments pursuant to section 229(b) of the Social 

6 Security Act (42 U.S.C. 429(b)), such amounts as may 

7 be required during the current fiscal year. The following 

8 are definitions for the medical benefits of the Public 

9 Health Service Commissioned Officers that apply to 10 

10 U.S.C. chapter 56, section 1116(c). The source of funds 

11 for the monthly accrual payments into the Department of 

12 Defense Medicare-Eligible Retiree Health Care Fund shall 

13 be the Retirement Pay and Medical Benefits for Commis14 sioned Officers account. For purposes of this Act, the term 

15 ‘‘pay of members’’ shall be construed to be synonymous 

16 with retirement payments to United States Public Health 

17 Service officers who are retired for age, disability, or 

18 length of service; payments to survivors of deceased offi19 cers; medical care to active duty and retired members and 

20 dependents and beneficiaries; and for payments to the So21 cial Security Administration for military service credits; 

22 all of which payments are provided for by the Retirement 

23 Pay and Medical Benefits for Commissioned Officers ac24 count. 
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1 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

2 FUND

3 For expenses necessary to support activities related 

4 to countering potential biological, disease, nuclear, radio5 logical and chemical threats to civilian populations, 

6 $2,255,058,000: Provided, That this amount is distributed 

7 as follows: Centers for Disease Control and Prevention, 

8 $1,239,571,000; Office of the Secretary, $64,438,000; 

9 Strategic National Stockpile, $400,000,000, to remain 

10 available until expended; National Institutes of Health, 

11 $47,400,000; and Health Resources and Services Admin12 istration, $503,649,000: Provided further, That employees 

13 of the Centers for Disease Control and Prevention or the 

14 Public Health Service, both civilian and Commissioned Of15 ficers, detailed to States, municipalities, or other organiza16 tions under authority of section 214 of the Public Health 

17 Service Act for purposes related to homeland security, 

18 shall be treated as non-Federal employees for reporting 

19 purposes only and shall not be included within any per20 sonnel ceiling applicable to the Agency, Service, or the De21 partment of Health and Human Services during the pe22 riod of detail or assignment. 

23 In addition, for activities to ensure a year-round in24 fluenza vaccine production capacity; the development and 

25 implementation of rapidly expandable influenza vaccine 
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1 production technologies; and if determined necessary by 

2 the Secretary, the purchase of influenza vaccine, 

3 $75,000,000, to remain available until expended. 

4 GENERAL PROVISIONS

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

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

7 and representation expenses when specifically approved by 

8 the Secretary. 

9 SEC. 202. The Secretary shall make available through 

10 assignment not more than 60 employees of the Public 

11 Health Service to assist in child survival activities and to 

12 work in AIDS programs through and with funds provided 

13 by the Agency for International Development, the United 

14 Nations International Children’s Emergency Fund or the 

15 World Health Organization. 

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

17 Act may be used to implement section 399F(b) of the Pub18 lic Health Service Act or section 1503 of the National In19 stitutes of Health Revitalization Act of 1993, Public Law 

20 103–43. 

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

22 for the National Institutes of Health, the Agency for 

23 Healthcare Research and Quality, and the Substance 

24 Abuse and Mental Health Services Administration shall 

25 be used to pay the salary of an individual, through a grant 
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1 or other extramural mechanism, at a rate in excess of Ex2 ecutive Level I. 

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

4 may be expended pursuant to section 241 of the Public 

5 Health Service Act, except for funds specifically provided 

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

7 by any office located in the Department of Health and 

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

9 submission of a report to the Committee on Appropria10 tions of the Senate and of the House detailing the planned 

11 uses of such funds. 

12 SEC. 206. Notwithstanding section 241(a) of the 

13 Public Health Service Act, such portion as the Secretary 

14 shall determine, but not more than 2.5 percent, of any 

15 amounts appropriated for programs authorized under said 

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

17 or by grants or contracts) of the implementation and effec18 tiveness of such programs. 

19 (TRANSFER OR REPROGRAMMING OF FUNDS)

20 SEC. 207. Not to exceed 1 percent of any discre21 tionary funds (pursuant to the Balanced Budget and 

22 Emergency Deficit Control Act of 1985, as amended) 

23 which are appropriated for the current fiscal year for the 

24 Department of Health and Human Services in this Act 

25 may be transferred or reprogrammed between a program, 

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

2 transfer or reprogramming: Provided, That a program, 

3 project or activity may be increased by up to an additional 

4 2 percent subject to written approval by the House and 

5 Senate Committees on Appropriations: Provided further, 

6 That the Appropriations Committees of both Houses of 

7 Congress are notified at least 15 days in advance of any 

8 transfer, reprogramming request or announcement of such 

9 transfer or reprogramming request. 

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

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

12 Research, may transfer up to 3 percent among institutes, 

13 centers, and divisions from the total amounts identified 

14 by these two Directors as funding for research pertaining 

15 to the human immunodeficiency virus: Provided, That the 

16 Congress is promptly notified of the transfer. 

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

18 for the National Institutes of Health, the amount for re19 search related to the human immunodeficiency virus, as 

20 jointly determined by the Director of the National Insti21 tutes of Health and the Director of the Office of AIDS 

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

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

24 Research shall transfer from such account amounts nec-
59 

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1 essary to carry out section 2353(d)(3) of the Public 

2 Health Service Act. 

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

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

5 Public Health Service Act unless the applicant for the 

6 award certifies to the Secretary that it encourages family 

7 participation in the decision of minors to seek family plan8 ning services and that it provides counseling to minors on 

9 how to resist attempts to coerce minors into engaging in 

10 sexual activities. 

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

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

13 used to carry out the Medicare+Choice program if the 

14 Secretary denies participation in such program to an oth15 erwise eligible entity (including a Provider Sponsored Or16 ganization) because the entity informs the Secretary that 

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

18 referrals for abortions: Provided, That the Secretary shall 

19 make appropriate prospective adjustments to the capita20 tion payment to such an entity (based on an actuarially 

21 sound estimate of the expected costs of providing the serv22 ice to such entity’s enrollees): Provided further, That noth23 ing in this section shall be construed to change the Medi24 care program’s coverage for such services and a 

25 Medicare+Choice organization described in this section 
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1 shall be responsible for informing enrollees where to obtain 

2 information about all Medicare covered services. 

3 SEC. 212. Notwithstanding any other provision of 

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

5 Health Service Act shall be exempt from any State law 

6 requiring notification or the reporting of child abuse, child 

7 molestation, sexual abuse, rape, or incest. 

8 SEC. 213. The Foreign Operations, Export Financ9 ing, and Related Programs Appropriations Act, 1990 

10 (Public Law 101–167) is amended— 

11 (1) in section 599D (8 U.S.C. 1157 note)— 

12 (A) in subsection (b)(3), by striking 

13 ‘‘1997, 1998, 1999, 2000, 2001, 2002, 2003, 

14 and 2004’’ and inserting ‘‘1997, 1998, 1999, 

15 2000, 2001, 2002, 2003, 2004, and 2005’’; and 

16 (B) in subsection (e), by striking ‘‘October 

17 1, 2004’’ each place it appears and inserting 

18 ‘‘October 1, 2005’’; 

19 (C) in subsection (b)(1)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘and’’ at the end; 

22 (ii) in subparagraph (B), by striking 

23 the period and inserting ‘‘; and’’; and 

24 (iii) by adding at the end the fol25 lowing: 
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1 ‘‘(C) one or more categories of aliens who are 

2 or were nationals and residents of the Islamic Re3 public or Iran who, as members of a religious minor4 ity in Iran, share common characteristics that iden5 tify them as targets of persecution in that state on 

6 account of race, religion, nationality, membership in 

7 a particular social group, or political opinion.’’; and 

8 (2) in section 599E (8 U.S.C. 1255 note) in 

9 subsection (b)(2), by striking ‘‘September 30, 2004’’ 

10 and inserting ‘‘September 30, 2005’’. 

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

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

13 to withhold substance abuse funding from a State pursu14 ant to section 1926 of the Public Health Service Act (42 

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

16 of Health and Human Services by May 1, 2005 that the 

17 State will commit additional State funds, in accordance 

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

19 prohibiting the sale of tobacco products to individuals 

20 under 18 years of age. 

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

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

23 State’s substance abuse block grant allocation for each 

24 percentage point by which the State misses the retailer 

25 compliance rate goal established by the Secretary of 
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1 Health and Human Services under section 1926 of such 

2 Act. 

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

4 fiscal year 2005 for tobacco prevention programs and for 

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

6 level of such expenditures maintained by the State for fis7 cal year 2004, and adding to that level the additional 

8 funds for tobacco compliance activities required under 

9 subsection (a). The State is to submit a report to the Sec10 retary on all fiscal year 2004 State expenditures and all 

11 fiscal year 2005 obligations for tobacco prevention and 

12 compliance activities by program activity by July 31, 

13 2005. 

14 (d) The Secretary shall exercise discretion in enforc15 ing the timing of the State obligation of the additional 

16 funds required by the certification described in subsection 

17 (a) as late as July 31, 2005. 

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

19 be used to withhold substance abuse funding pursuant to 

20 section 1926 from a territory that receives less than 

21 $1,000,000. 

22 SEC. 215. In order for the Centers for Disease Con23 trol and Prevention to carry out international health ac24 tivities, including HIV/AIDS and other infectious disease, 

25 chronic and environmental disease, and other health ac-
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1 tivities abroad during fiscal year 2005, the Secretary of 

2 Health and Human Services— 

3 (1) may exercise authority equivalent to that 

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

5 the State Department Basic Authorities Act of 1956 

6 (22 U.S.C. 2669(c)). The Secretary of Health and 

7 Human Services shall consult with the Secretary of 

8 State and relevant Chief of Mission to ensure that 

9 the authority provided in this section is exercised in 

10 a manner consistent with section 207 of the Foreign 

11 Service Act of 1980 (22 U.S.C. 3927) and other ap12 plicable statutes administered by the Department of 

13 State, and 

14 (2) is authorized to provide such funds by ad15 vance or reimbursement to the Secretary of State as 

16 may be necessary to pay the costs of acquisition, 

17 lease, alteration, renovation, and management of fa18 cilities outside of the United States for the use of 

19 the Department of Health and Human Services. The 

20 Department of State shall cooperate fully with the 

21 Secretary of Health and Human Services to ensure 

22 that the Department of Health and Human Services 

23 has secure, safe, functional facilities that comply 

24 with applicable regulation governing location, set25 back, and other facilities requirements and serve the 
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1 purposes established by this Act. The Secretary of 

2 Health and Human Services is authorized, in con3 sultation with the Secretary of State, through grant 

4 or cooperative agreement, to make available to pub5 lic or nonprofit private institutions or agencies in 

6 participating foreign countries, funds to acquire, 

7 lease, alter, or renovate facilities in those countries 

8 as necessary to conduct programs of assistance for 

9 international health activities, including activities re10 lating to HIV/AIDS and other infectious diseases, 

11 chronic and environmental diseases, and other health 

12 activities abroad. 

13 SEC. 216. The Division of Federal Occupational 

14 Health may utilize personal services contracting to employ 

15 professional management/administrative and occupational 

16 health professionals. 

17 SEC. 217. Notwithstanding any other provisions of 

18 law, funds made available under this heading may be used 

19 to continue operating the Council on Graduate Medical 

20 Education established by section 301 of Public Law 102– 

21 408. 

22 SEC. 218. (a) AUTHORITY.—Notwithstanding any 

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

25 402(i) of the Public Health Service Act (42 U.S.C. 282(i)) 
65 

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1 to enter into transactions (other than contracts, coopera2 tive agreements, or grants) to carry out research in sup3 port of the NIH Roadmap Initiative of the Director. 

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

5 under subsection (a), the Director of the National Insti6 tutes of Health may utilize such peer review procedures 

7 (including consultation with appropriate scientific experts) 

8 as the Director determines to be appropriate to obtain as9 sessments of scientific and technical merit. Such proce10 dures shall apply to such transactions in lieu of the peer 

11 review and advisory council review procedures that would 

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

13 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of 

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

15 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). 

16 SEC. 219. Notwithstanding limitations in section 

17 399G(i)(2)(B) and section 499(m) of the Public Health 

18 Service Act, $10,000 of the amount provided herein may 

19 be made available to each authority under section 399G 

20 and section 499 of said act for official reception and rep21 resentation expenses when specifically approved by the 

22 agents designated under section 399G(h)(8) and section 

23 499(d)(1)(B)(iii) of said act. 

24 SEC. 220. The unobligated balance of $199,900,000 

25 appropriated by section 1897(g) of the Social Security 
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1 Act, as added by section 1016 of the Medicare Prescrip2 tion Drug, Improvement, and Modernization Act of 2003 

3 (Public Law 108–173), is rescinded. 

4 SEC. 221. None of the funds provided in this Act may 

5 be expended by the Secretary of Health and Human Serv6 ices or by a medicare fiscal intermediary or administrative 

7 contractor to apply the criteria (commonly known as the 

8 ‘‘75 percent rule’’) that are used to determine whether a 

9 hospital or unit of a hospital is an inpatient rehabilitation 

10 facility, as defined in Department of Health and Human 

11 Services, Centers for Medicare and Medicaid Services, 

12 ‘‘Medicare Program; Final Rule; Changes to the Criteria 

13 for Being Classified as an Inpatient Rehabilitation Facil14 ity’’, 69 Federal Register 25751 et seq. (May 7, 2004). 

15 SEC. 222. SUMMER HEALTH CAREER INTRODUC16 TORY PROGRAMS. (a) FINDINGS.—Congress finds that— 

17 (1) the success of the health care system is de18 pendent on qualified personnel; 

19 (2) hospitals and health facilities across the 

20 United States have been deeply impacted by declines 

21 among nurses, pharmacists, radiology and laboratory 

22 technicians, and other workers; 

23 (3) the health care workforce shortage is not a 

24 short term problem and such workforce shortages 

25 can be expected for many years; and 
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1 (4) most States are looking for ways to address 

2 such shortages. 

3 (b) GRANTS.—The Secretary of Health and Human 

4 Services, acting through the Bureau of Health Professions 

5 of the Health Resources and Services Administration, may 

6 award not to exceed 5 grants for the establishment of 

7 summer health career introductory programs for middle 

8 and high school students. 

9 (c) ELIGIBILITY.—To be eligible to receive a grant 

10 under subsection (b) an entity shall— 

11 (1) be an institution of higher education (as de12 fined in section 101(a) of the Higher Education Act 

13 of 1965 (20 U.S.C. 1001(a)); and 

14 (2) prepare and submit to the Secretary of 

15 Health and Human Services an application at such 

16 time, in such manner, and containing such informa17 tion as the Secretary may require. 

18 (d) DURATION.—The term of a grant under sub19 section (b) shall not exceed 4 years. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section, 

22 such sums as may be necessary for fiscal year 2005. 

23 SEC. 223. In addition to funds appropriated to the 

24 Office of Inspector General of the Department of Health 

25 and Human Services under Public Law 104–191 and this 
68 

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1 Act, $35,000,000 shall be transferred from amounts ap2 propriated under section 1015(a)(1) of Public Law 108– 

3 173 for activities by the Office of Inspector General of 

4 the Department of Health and Human Services relating 

5 to oversight of programs established or revised by Public 

6 Law 108–173. 

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

8 and Human Services Appropriations Act, 2005’’. 

9 TITLE III—DEPARTMENT OF EDUCATION 

10 EDUCATION FOR THE DISADVANTAGED

11 For carrying out title I of the Elementary and Sec12 ondary Education Act of 1965 (‘‘ESEA’’) and section 

13 418A of the Higher Education Act of 1965, 

14 $15,500,684,000, of which $7,840,439,000 shall become 

15 available on July 1, 2005, and shall remain available 

16 through September 30, 2006, and of which 

17 $7,383,301,000 shall become available on October 1, 

18 2005, and shall remain available through September 30, 

19 2006, for academic year 2005–2006: Provided, That 

20 $7,104,447,000 shall be available for basic grants under 

21 section 1124: Provided further, That up to $3,500,000 of 

22 these funds shall be available to the Secretary of Edu23 cation on October 1, 2004, to obtain annually updated 

24 educational-agency-level census poverty data from the Bu25 reau of the Census: Provided further, That 
69 

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

2 under section 1124A: Provided further, That 

3 $2,231,954,000 shall be available for targeted grants 

4 under section 1125: Provided further, That 

5 $2,756,175,000 shall be available for education finance in6 centive grants under section 1125A: Provided further, 

7 That $9,500,000 shall be available to carry out part E 

8 of title I: Provided further, That from the funds available 

9 to carry out part E of title I, up to $1,000,000 shall be 

10 available to the Secretary of Education to provide tech11 nical assistance to state and local educational agencies 

12 concerning part A of title I: Provided further, That 

13 $233,613,000 shall be available for comprehensive school 

14 reform grants under part F of the ESEA. 

15 From the amount made available for basic grants 

16 under the previous paragraph, $71,557,000, which shall 

17 become available on October 1, 2004, shall be for addi18 tional amounts to carry out subpart 2 of part A of title 

19 I of the Elementary and Secondary Education Act of 1965 

20 in academic year 2004–2005: Provided, That these funds 

21 shall be allocated, notwithstanding any other provision of 

22 law, only to those States that received funds under that 

23 subpart for fiscal year 2004 that were less than those 

24 States received under that subpart for fiscal year 2003: 

25 Provided further, That the Secretary of Education shall 
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1 use these additional funds to increase those States’ fiscal 

2 year 2004 allocations under that subpart up to the 

3 amount they received under that subpart for fiscal year 

4 2003: Provided further, That each such State shall use the 

5 funds appropriated under this paragraph to ratably in6 crease the amount of funds for each local educational 

7 agency in the State that received less under that subpart 

8 in fiscal year 2004 than it received under that subpart 

9 in fiscal year 2003: Provided further, That the Secretary 

10 shall not take into account the funds made available under 

11 this paragraph in determining State allocations under any 

12 other program administered by the Secretary in any fiscal 

13 year. 

14 IMPACT AID

15 For carrying out programs of financial assistance to 

16 federally affected schools authorized by title VIII of the 

17 Elementary and Secondary Education Act of 1965, 

18 $1,229,527,000, of which $1,063,687,000 shall be for 

19 basic support payments under section 8003(b), 

20 $50,369,000 shall be for payments for children with dis21 abilities under section 8003(d), $45,936,000 shall be for 

22 construction under section 8007 and shall remain avail23 able through September 30, 2006, $61,634,000 shall be 

24 for Federal property payments under section 8002, and 
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1 $7,901,000, to remain available until expended, shall be 

2 for facilities maintenance under section 8008. 

3 SCHOOL IMPROVEMENT PROGRAMS

4 For carrying out school improvement activities au5 thorized by titles II, part B of title IV, part A and sub6 parts 6 and 9 of part D of title V, part B of title VI, 

7 and parts B and C of title VII of the Elementary and 

8 Secondary Education Act of 1965 (‘‘ESEA’’); the McKin9 ney-Vento Homeless Assistance Act; sections 203 and 208 

10 of the Educational Technical Assistance Act of 2002; the 

11 Compact of Free Association Amendments Act of 2003; 

12 and the Civil Rights Act of 1964, $5,770,632,000, of 

13 which $4,095,967,000 shall become available on July 1, 

14 2005, and remain available through September 30, 2006, 

15 and of which $1,435,000,000 shall become available on 

16 October 1, 2005, and shall remain available through Sep17 tember 30, 2006, for academic year 2005–2006: Provided, 

18 That funds made available to carry out part B of title 

19 VII of the ESEA may be used for construction, renovation 

20 and modernization of any elementary school, secondary 

21 school, or structure related to an elementary school or sec22 ondary school, run by the Department of Education of the 

23 State of Hawaii, that serves a predominantly Native Ha24 waiian student body: Provided further, That from the 

25 funds referred to in the preceding proviso, not less than 
72 

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1 $1,000,000 shall be for a grant to the Department of Edu2 cation of the State of Hawaii for the activities described 

3 in such proviso: Provided further, That funds made avail4 able to carry out part C of title VII of the ESEA may 

5 be used for construction: Provided further, That 

6 $420,000,000 shall be for State assessments and related 

7 activities authorized under sections 6111 and 6112 of the 

8 ESEA: Provided further, That $57,283,000 shall be avail9 able to carry out section 203 of the Educational Technical 

10 Assistance Act of 2002: Provided further, That 

11 $31,111,000 shall be available to carry out part D of title 

12 V of the ESEA: Provided further, That no funds appro13 priated under this heading may be used to carry out sec14 tion 5494 under the ESEA: Provided further, That 

15 $17,214,000 shall be available to carry out section 

16 105(f)(1)(B)(iii) of the Compact of Free Association 

17 Amendments Act of 2003 (Public Law 108–188; hereafter 

18 the ‘‘Compact Act’’): Provided further, That these funds 

19 shall be transferred to the Secretary of the Interior in the 

20 amount of $11,717,000 for the Federated States of Micro21 nesia (FSM) and $5,497,000 for the Republic of the Mar22 shall Islands (RMI) to supplement the education grants 

23 under section 211(a)(1) of the U.S.-FSM Compact and 

24 section 211(a)(1) of the U.S.-RMI Compact, respectively: 

25 Provided further, That up to 10 percent of these amounts 
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1 may be reserved by the Department of the Interior to pro2 vide technical assistance, oversight, and consultancy serv3 ices in the administration of these supplemental education 

4 grants and to reimburse the Departments of Labor, 

5 Health and Human Services, and Education for such serv6 ices: Provided further, That the government, institutions, 

7 and individuals of the Republic of Palau shall continue 

8 to be eligible for the programs specified in sections 

9 105(f)(1)(B)(ii) and (iii) of the Compact Act, to the ex10 tent, and subject to the conditions under which, they were 

11 eligible in fiscal year 2003. 

12 INDIAN EDUCATION

13 For expenses necessary to carry out, to the extent 

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

15 and Secondary Education Act of 1965, $120,856,000. 

16 INNOVATION AND IMPROVEMENT

17 For carrying out activities authorized by parts G and 

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

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

20 of the Elementary and Secondary Education Act of 1965 

21 (‘‘ESEA’’), $1,144,346,000: Provided, That $74,073,000 

22 for continuing and new grants to demonstrate effective ap23 proaches to comprehensive school reform shall become 

24 available on July 1, 2005, and remain available through 

25 September 30, 2006, and shall be allocated and expended 
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1 in the same manner as the funds provided under the Fund 

2 for the Improvement of Education for this purpose were 

3 allocated and expended in fiscal year 2003: Provided fur4 ther, That $17,000,000 shall be available to carry out sec5 tion 2151(c) of the ESEA, of which not less than 

6 $10,000,000 shall be provided to the National Board for 

7 Professional Teaching Standards, and not less than 

8 $7,000,000 shall be provided to the American Board for 

9 the Certification of Teacher Excellence: Provided further, 

10 That $37,279,000 shall be for subpart 2 of part B of title 

11 V: Provided further, That $446,746,000 shall be available 

12 to carry out part D of title V of the ESEA. 

13 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

14 For carrying out activities authorized by subpart 3 

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

16 3, 10 and 14 of part D of title V of the Elementary and 

17 Secondary Education Act of 1965 (‘‘ESEA’’), title VIII– 

18 D of the Higher Education Amendments of 1998, and 

19 Public Law 102–73, $902,008,000, of which 

20 $468,908,000, shall become available on July 1, 2005 and 

21 remain available through September 30, 2006: Provided, 

22 That of the amount available for subpart 2 of part A of 

23 title IV of the ESEA, $850,000 shall be used to continue 

24 the National Recognition Awards program under the same 

25 guidelines outlined by section 120(f) of Public Law 105– 
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1 244: Provided further, That $440,908,000 shall be avail2 able for subpart 1 of part A of title IV and $256,219,000 

3 shall be available for subpart 2 of part A of title IV: Pro4 vided further, That $146,239,000 shall be available to 

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

6 That of the funds available to carry out subpart 3 of part 

7 C of title II, up to $12,672,000 may be used to carry out 

8 section 2345 and $3,170,000 shall be used by the Center 

9 for Civic Education to implement a comprehensive pro10 gram to improve public knowledge, understanding, and 

11 support of the Congress and the state legislatures: Pro12 vided further, That $28,000,000 shall be for Youth Of13 fender Grants, of which $5,000,000 shall be used in ac14 cordance with section 601 of Public Law 102–73 as that 

15 section was in effect prior to enactment of Public Law 

16 105–220: Provided further, That of the funds available to 

17 carry out subpart 10 of part D of title V, up to $2,000,000 

18 may be used to support the Special Olympics National 

19 Summer Games. 

20 ENGLISH LANGUAGE ACQUISITION

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

22 $700,000,000, of which $614,500,000 shall become avail23 able on July 1, 2005, and shall remain available through 

24 September 30, 2006: Provided, That funds reserved under 

25 section 3111(c)(1)(D) of the ESEA that are not used in 
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1 accordance with section 3111(c)(2) may be added to the 

2 funds that are available July 1, 2005 through September 

3 30, 2006 for State allotments under section 3111(c)(3). 

4 SPECIAL EDUCATION

5 For carrying out parts B, C, and D of the Individuals 

6 with Disabilities Education Act, $12,406,516,000, of 

7 which $6,701,405,000 shall become available for obliga8 tion on July 1, 2005, and shall remain available through 

9 September 30, 2006, and of which $5,413,000,000 shall 

10 become available on October 1, 2005, and shall remain 

11 available through September 30, 2006, for academic year 

12 2005–2006: Provided, That $11,400,000 shall be for Re13 cording for the Blind and Dyslexic, Inc., to support the 

14 development, production, and circulation of recorded edu15 cational materials: Provided further, That $1,500,000 

16 shall be for the recipient of funds provided by Public Law 

17 105–78 under section 687(b)(2)(G) of the Act to provide 

18 information on diagnosis, intervention, and teaching strat19 egies for children with disabilities: Provided further, That 

20 the amount for section 611(c) of the Act shall be equal 

21 to the amount available for that section during fiscal year 

22 2004, increased by the amount of inflation as specified 

23 in section 611(f)(1)(B)(ii) of the Act. 
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1 REHABILITATION SERVICES AND DISABILITY RESEARCH

2 For carrying out, to the extent not otherwise pro3 vided, the Rehabilitation Act of 1973, the Assistive Tech4 nology Act of 1998 (‘‘the AT Act’’), and the Helen Keller 

5 National Center Act, $3,077,328,000, of which 

6 $1,000,000 shall be awarded to the American Academy 

7 of Orthotists and Prosthetists for activities that further 

8 the purposes of the grant received by the Academy for the 

9 period beginning October 1, 2003, including activities to 

10 meet the demand for orthotic and prosthetic provider serv11 ices and improve patient care: Provided, That the funds 

12 provided for title I of the AT Act shall be allocated not13 withstanding section 105(b)(1) of the AT Act: Provided 

14 further, That section 101(f) of the AT Act shall not limit 

15 the award of an extension grant to three years or prohibit 

16 such awards after September 30, 2004: Provided further, 

17 That no State or outlying area awarded funds under sec18 tion 101 shall receive less than the amount received in 

19 fiscal year 2004: Provided further, That not less than 

20 $5,495,000 shall be for grants to States under title III 

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

22 of such grants shall not exceed 75 percent, and the re23 quirements in sections 301(c)(2) and 302 of the AT Act 

24 shall not apply to such grants. 
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1 SPECIAL INSTITUTIONS FOR PERSONS WITH

2 DISABILITIES

3 AMERICAN PRINTING HOUSE FOR THE BLIND

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

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

6 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

7 For the National Technical Institute for the Deaf 

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

9 of 1986 (20 U.S.C. 4301 et seq.), $55,790,000, of which 

10 $1,685,000 shall be for construction and shall remain 

11 available until expended: Provided, That from the total 

12 amount available, the Institute may at its discretion use 

13 funds for the endowment program as authorized under 

14 section 207. 

15 GALLAUDET UNIVERSITY

16 For the Kendall Demonstration Elementary School, 

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

18 support of Gallaudet University under titles I and II of 

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

20 et seq.), $105,400,000: Provided, That from the total 

21 amount available, the University may at its discretion use 

22 funds for the endowment program as authorized under 

23 section 207. 

24 VOCATIONAL AND ADULT EDUCATION

25 For carrying out, to the extent not otherwise pro26 vided, the Carl D. Perkins Vocational and Technical Edu-
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1 cation Act of 1998, the Adult Education and Family Lit2 eracy Act, and subparts 4 and 11 of part D of title V 

3 of the Elementary and Secondary Education Act of 1965 

4 (‘‘ESEA’’), $2,102,086,000, of which $1,300,086,000 

5 shall become available on July 1, 2005 and shall remain 

6 available through September 30, 2006 and of which 

7 $791,000,000 shall become available on October 1, 2005 

8 and shall remain available through September 30, 2006: 

9 Provided, That of the amount provided for Adult Edu10 cation State Grants, $69,135,000 shall be made available 

11 for integrated English literacy and civics education serv12 ices to immigrants and other limited English proficient 

13 populations: Provided further, That of the amount re14 served for integrated English literacy and civics education, 

15 notwithstanding section 211 of the Adult Education and 

16 Family Literacy Act, 65 percent shall be allocated to 

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

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

19 Immigration and Naturalization Service data for immi20 grants admitted for legal permanent residence for the 10 

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

22 experienced growth as measured by the average of the 3 

23 most recent years for which Immigration and Naturaliza24 tion Service data for immigrants admitted for legal perma25 nent residence are available, except that no State shall be 
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1 allocated an amount less than $60,000: Provided further, 

2 That of the amounts made available for the Adult Edu3 cation and Family Literacy Act, $9,169,000 shall be for 

4 national leadership activities under section 243 and 

5 $6,692,000 shall be for the National Institute for Literacy 

6 under section 242: Provided further, That $184,967,000 

7 shall be available to carry out part D of title V of the 

8 ESEA: Provided further, That $173,967,000 shall be 

9 available to support the activities authorized under sub10 part 4 of part D of title V of the Elementary and Sec11 ondary Education Act of 1965, of which up to 5 percent 

12 shall become available October 1, 2004 and shall remain 

13 available through September 30, 2006, for evaluation, 

14 technical assistance, school networking, peer review of ap15 plications, and program outreach activities, and of which 

16 not less than 95 percent shall become available on July 

17 1, 2005, and remain available through September 30, 

18 2006, for grants to local educational agencies: Provided 

19 further, That funds made available to local education agen20 cies under this subpart shall be used only for activities 

21 related to establishing smaller learning communities in 

22 high schools. 

23 STUDENT FINANCIAL ASSISTANCE

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

25 C and part E of title IV of the Higher Education Act of 
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1 1965, as amended, $14,859,694,000, which shall remain 

2 available through September 30, 2006. 

3 The maximum Pell Grant for which a student shall 

4 be eligible during award year 2005–2006 shall be $4,050. 

5 STUDENT AID ADMINISTRATION

6 For Federal administrative expenses (in addition to 

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

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

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

10 of 1965, as amended, $121,000,000. 

11 HIGHER EDUCATION

12 For carrying out, to the extent not otherwise pro13 vided, section 121 and titles II, III, IV, V, VI, and VII 

14 of the Higher Education Act of 1965 (‘‘HEA’’), as amend15 ed, title VIII of the Higher Education Amendments of 

16 1998, section 117 of the Carl D. Perkins Vocational and 

17 Technical Education Act, and the Mutual Educational and 

18 Cultural Exchange Act of 1961, $2,148,458,000, of which 

19 $1,500,000 for interest subsidies authorized by section 

20 121 of the HEA shall remain available until expended: 

21 Provided, That $9,876,000, to remain available through 

22 September 30, 2006, shall be available to fund fellowships 

23 for academic year 2006–2007 under part A, subpart 1 of 

24 title VII of said Act, under the terms and conditions of 

25 part A, subpart 1: Provided further, That notwithstanding 
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1 any other provision of law or any regulation, the Secretary 

2 of Education shall not require the use of a restricted indi3 rect cost rate for grants issued pursuant to section 117 

4 of the Carl D. Perkins Vocational and Technical Edu5 cation Act of 1998: Provided further, That $988,000 is 

6 for data collection and evaluation activities for programs 

7 under the HEA, including such activities needed to comply 

8 with the Government Performance and Results Act of 

9 1993: Provided further, That notwithstanding any other 

10 provision of law, funds made available in this Act to carry 

11 out title VI of the HEA and section 102(b)(6) of the Mu12 tual Educational and Cultural Exchange Act of 1961 may 

13 be used to support visits and study in foreign countries 

14 by individuals who are participating in advanced foreign 

15 language training and international studies in areas that 

16 are vital to United States national security and who plan 

17 to apply their language skills and knowledge of these coun18 tries in the fields of government, the professions, or inter19 national development: Provided further, That up to one 

20 percent of the funds referred to in the preceding proviso 

21 may be used for program evaluation, national outreach, 

22 and information dissemination activities. 

23 HOWARD UNIVERSITY

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

25 121 et seq.), $239,763,000, of which not less than 
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1 $3,600,000 shall be for a matching endowment grant pur2 suant to the Howard University Endowment Act (Public 

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

4 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

5 PROGRAM ACCOUNT

6 For Federal administrative expenses authorized 

7 under section 121 of the Higher Education Act of 1965, 

8 $578,000 to carry out activities related to existing facility 

9 loans entered into under the Higher Education Act of 

10 1965. 

11 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

12 CAPITAL FINANCING PROGRAM ACCOUNT

13 The aggregate principal amount of outstanding bonds 

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

15 Higher Education Act of 1965, shall not exceed 

16 $357,000,000, and the cost, as defined in section 502 of 

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

18 not exceed zero. 

19 For administrative expenses to carry out the Histori20 cally Black College and University Capital Financing Pro21 gram entered into pursuant to title III, part D of the 

22 Higher Education Act of 1965, as amended, $212,000. 

23 INSTITUTE OF EDUCATION SCIENCES

24 For carrying out activities authorized by Public Law 

25 107–279, $418,679,000: Provided, That, of the amount 
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1 appropriated, $165,518,000 shall be available for obliga2 tion through September 30, 2006. 

3 DEPARTMENTAL MANAGEMENT

4 PROGRAM ADMINISTRATION

5 For carrying out, to the extent not otherwise pro6 vided, the Department of Education Organization Act, in7 cluding rental of conference rooms in the District of Co8 lumbia and hire of three passenger motor vehicles, 

9 $420,379,000. 

10 OFFICE FOR CIVIL RIGHTS

11 For expenses necessary for the Office for Civil 

12 Rights, as authorized by section 203 of the Department 

13 of Education Organization Act, $92,801,000. 

14 OFFICE OF THE INSPECTOR GENERAL

15 For expenses necessary for the Office of the Inspector 

16 General, as authorized by section 212 of the Department 

17 of Education Organization Act, $50,576,000. 

18 GENERAL PROVISIONS

19 SEC. 301. No funds appropriated in this Act may be 

20 used for the transportation of students or teachers (or for 

21 the purchase of equipment for such transportation) in 

22 order to overcome racial imbalance in any school or school 

23 system, or for the transportation of students or teachers 

24 (or for the purchase of equipment for such transportation) 

25 in order to carry out a plan of racial desegregation of any 

26 school or school system. 
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1 SEC. 302. None of the funds contained in this Act 

2 shall be used to require, directly or indirectly, the trans3 portation of any student to a school other than the school 

4 which is nearest the student’s home, except for a student 

5 requiring special education, to the school offering such 

6 special education, in order to comply with title VI of the 

7 Civil Rights Act of 1964. For the purpose of this section 

8 an indirect requirement of transportation of students in9 cludes the transportation of students to carry out a plan 

10 involving the reorganization of the grade structure of 

11 schools, the pairing of schools, or the clustering of schools, 

12 or any combination of grade restructuring, pairing or clus13 tering. The prohibition described in this section does not 

14 include the establishment of magnet schools. 

15 SEC. 303. No funds appropriated under this Act may 

16 be used to prevent the implementation of programs of vol17 untary prayer and meditation in the public schools. 

18 (TRANSFER OF FUNDS)

19 SEC. 304. Not to exceed 1 percent of any discre20 tionary funds (pursuant to the Balanced Budget and 

21 Emergency Deficit Control Act of 1985, as amended) 

22 which are appropriated for the Department of Education 

23 in this Act may be transferred between appropriations, but 

24 no such appropriation shall be increased by more than 3 

25 percent by any such transfer: Provided, That the Appro-
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1 priations Committees of both Houses of Congress are noti2 fied at least 15 days in advance of any transfer. 

3 SEC. 305. The Secretary of Education shall not im4 plement or enforce for the award year 2005–2006 the an5 nual update to the allowances for State and other taxes 

6 in the tables used in the Federal needs analysis method7 ology, as prescribed by the Secretary on May 30, 2003 

8 (68 Fed. Reg. 32473). 

9 This title may be cited as the ‘‘Department of Edu10 cation Appropriations Act, 2005’’. 

11 TITLE IV—RELATED AGENCIES 

12 ARMED FORCES RETIREMENT HOME

13 For expenses necessary for the Armed Forces Retire14 ment Home to operate and maintain the Armed Forces 

15 Retirement Home—Washington and the Armed Forces 

16 Retirement Home—Gulfport, to be paid from funds avail17 able in the Armed Forces Retirement Home Trust Fund, 

18 $61,195,000, of which $4,000,000 shall remain available 

19 until expended for construction and renovation of the 

20 physical plants at the Armed Forces Retirement Home— 

21 Washington and the Armed Forces Retirement Home— 

22 Gulfport. 
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1 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

2 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

3 EXPENSES

4 For expenses necessary for the Corporation for Na5 tional and Community Service to carry out the provisions 

6 of the Domestic Volunteer Service Act of 1973, as amend7 ed, $357,814,000: Provided, That none of the funds made 

8 available to the Corporation for National and Community 

9 Service in this Act for activities authorized by section 122 

10 of Part C of Title I and Part E of Title II of the Domestic 

11 Volunteer Service Act of 1973 shall be used to provide 

12 stipends or other monetary incentives to volunteers or vol13 unteer leaders whose incomes exceed 125 percent of the 

14 national poverty level. 

15 CORPORATION FOR PUBLIC BROADCASTING

16 For payment to the Corporation for Public Broad17 casting, as authorized by the Communications Act of 

18 1934, an amount which shall be available within limita19 tions specified by that Act, for the fiscal year 2007, 

20 $400,000,000: Provided, That no funds made available to 

21 the Corporation for Public Broadcasting by this Act shall 

22 be used to pay for receptions, parties, or similar forms 

23 of entertainment for Government officials or employees: 

24 Provided further, That none of the funds contained in this 

25 paragraph shall be available or used to aid or support any 
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1 program or activity from which any person is excluded, 

2 or is denied benefits, or is discriminated against, on the 

3 basis of race, color, national origin, religion, or sex: Pro4 vided further, That for fiscal year 2005, in addition to the 

5 amounts provided above, $49,705,000 shall be for costs 

6 related to digital program production, development, and 

7 distribution, associated with the transition of public broad8 casting to digital broadcasting, to be awarded as deter9 mined by the Corporation in consultation with public radio 

10 and television licensees or permittees, or their designated 

11 representatives: Provided further, That for fiscal year 

12 2005, in addition to the amounts provided above, 

13 $50,000,000 shall be for the costs associated with replace14 ment and upgrade of the public television interconnection 

15 system: Provided further, That none of the funds made 

16 available to the Corporation for Public Broadcasting by 

17 this Act, Public Law 108–199 or Public Law 108–7, shall 

18 be used to support the Television Future Fund or any 

19 similar purpose. 

20 FEDERAL MEDIATION AND CONCILIATION SERVICE

21 SALARIES AND EXPENSES

22 For expenses necessary for the Federal Mediation 

23 and Conciliation Service to carry out the functions vested 

24 in it by the Labor Management Relations Act, 1947 (29 

25 U.S.C. 171–180, 182–183), including hire of passenger 
89 

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1 motor vehicles; for expenses necessary for the Labor-Man2 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

3 for expenses necessary for the Service to carry out the 

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

5 Public Law 95–454 (5 U.S.C. ch. 71), $44,464,000, in6 cluding $1,500,000, to remain available through Sep7 tember 30, 2006, for activities authorized by the Labor8 Management Cooperation Act of 1978 (29 U.S.C. 175a): 

9 Provided, That notwithstanding 31 U.S.C. 3302, fees 

10 charged, up to full-cost recovery, for special training ac11 tivities and other conflict resolution services and technical 

12 assistance, including those provided to foreign govern13 ments and international organizations, and for arbitration 

14 services shall be credited to and merged with this account, 

15 and shall remain available until expended: Provided fur16 ther, That fees for arbitration services shall be available 

17 only for education, training, and professional development 

18 of the agency workforce: Provided further, That the Direc19 tor of the Service is authorized to accept and use on behalf 

20 of the United States gifts of services and real, personal, 

21 or other property in the aid of any projects or functions 

22 within the Director’s jurisdiction. 
90 

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1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety 

5 and Health Review Commission (30 U.S.C. 801 et seq.), 

6 $7,813,000. 

7 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

8 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

9 AND ADMINISTRATION

10 For carrying out the Museum and Library Services 

11 Act of 1996, $262,240,000, to remain available until ex12 pended. 

13 MEDICARE PAYMENT ADVISORY COMMISSION

14 SALARIES AND EXPENSES

15 For expenses necessary to carry out section 1805 of 

16 the Social Security Act, $9,905,000, to be transferred to 

17 this appropriation from the Federal Hospital Insurance 

18 and the Federal Supplementary Medical Insurance Trust 

19 Funds. 

20 NATIONAL COMMISSION ON LIBRARIES AND

21 INFORMATION SCIENCE

22 SALARIES AND EXPENSES

23 For necessary expenses for the National Commission 

24 on Libraries and Information Science, established by the 
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1 Act of July 20, 1970 (Public Law 91–345, as amended), 

2 $994,000. 

3 NATIONAL COUNCIL ON DISABILITY

4 SALARIES AND EXPENSES

5 For expenses necessary for the National Council on 

6 Disability as authorized by title IV of the Rehabilitation 

7 Act of 1973, as amended, $3,371,000. 

8 NATIONAL LABOR RELATIONS BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Labor Rela11 tions Board to carry out the functions vested in it by the 

12 Labor-Management Relations Act, 1947, as amended (29 

13 U.S.C. 141–167), and other laws, $250,000,000: Pro14 vided, That no part of this appropriation shall be available 

15 to organize or assist in organizing agricultural laborers or 

16 used in connection with investigations, hearings, direc17 tives, or orders concerning bargaining units composed of 

18 agricultural laborers as referred to in section 2(3) of the 

19 Act of July 5, 1935 (29 U.S.C. 152), and as amended 

20 by the Labor-Management Relations Act, 1947, as amend21 ed, and as defined in section 3(f) of the Act of June 25, 

22 1938 (29 U.S.C. 203), and including in said definition em23 ployees engaged in the maintenance and operation of 

24 ditches, canals, reservoirs, and waterways when main25 tained or operated on a mutual, nonprofit basis and at 
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1 least 95 percent of the water stored or supplied thereby 

2 is used for farming purposes. 

3 NATIONAL MEDIATION BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary to carry out the provisions 

6 of the Railway Labor Act, as amended (45 U.S.C. 151– 

7 188), including emergency boards appointed by the Presi8 dent, $11,635,000. 

9 OCCUPATIONAL SAFETY AND HEALTH REVIEW

10 COMMISSION

11 SALARIES AND EXPENSES

12 For expenses necessary for the Occupational Safety 

13 and Health Review Commission (29 U.S.C. 661), 

14 $10,516,000. 

15 RAILROAD RETIREMENT BOARD

16 DUAL BENEFITS PAYMENTS ACCOUNT

17 For payment to the Dual Benefits Payments Ac18 count, authorized under section 15(d) of the Railroad Re19 tirement Act of 1974, $108,000,000, which shall include 

20 amounts becoming available in fiscal year 2005 pursuant 

21 to section 224(c)(1)(B) of Public Law 98–76; and in addi22 tion, an amount, not to exceed 2 percent of the amount 

23 provided herein, shall be available proportional to the 

24 amount by which the product of recipients and the average 

25 benefit received exceeds $108,000,000: Provided, That the 
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1 total amount provided herein shall be credited in 12 ap2 proximately equal amounts on the first day of each month 

3 in the fiscal year. 

4 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

5 ACCOUNTS

6 For payment to the accounts established in the 

7 Treasury for the payment of benefits under the Railroad 

8 Retirement Act for interest earned on unnegotiated 

9 checks, $150,000, to remain available through September 

10 30, 2006, which shall be the maximum amount available 

11 for payment pursuant to section 417 of Public Law 98– 

12 76. 

13 LIMITATION ON ADMINISTRATION

14 For necessary expenses for the Railroad Retirement 

15 Board for administration of the Railroad Retirement Act 

16 and the Railroad Unemployment Insurance Act, 

17 $102,600,000, to be derived in such amounts as deter18 mined by the Board from the railroad retirement accounts 

19 and from moneys credited to the railroad unemployment 

20 insurance administration fund. 

21 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

22 For expenses necessary for the Office of Inspector 

23 General for audit, investigatory and review activities, as 

24 authorized by the Inspector General Act of 1978, as 

25 amended, not more than $7,200,000, to be derived from 

26 the railroad retirement accounts and railroad unemploy-
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1 ment insurance account: Provided, That none of the funds 

2 made available in any other paragraph of this Act may 

3 be transferred to the Office; used to carry out any such 

4 transfer; used to provide any office space, equipment, of5 fice supplies, communications facilities or services, mainte6 nance services, or administrative services for the Office; 

7 used to pay any salary, benefit, or award for any personnel 

8 of the Office; used to pay any other operating expense of 

9 the Office; or used to reimburse the Office for any service 

10 provided, or expense incurred, by the Office: Provided fur11 ther, That funds made available under the heading in this 

12 Act, or subsequent Departments of Labor, Health and 

13 Human Services, and Education, and Related Agencies 

14 Appropriations Acts, may be used for any audit, investiga15 tion, or review of the Medicare Program. 

16 SOCIAL SECURITY ADMINISTRATION

17 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

18 For payment to the Federal Old-Age and Survivors 

19 Insurance and the Federal Disability Insurance trust 

20 funds, as provided under sections 201(m), 228(g), and 

21 1131(b)(2) of the Social Security Act, $20,454,000. 

22 SUPPLEMENTAL SECURITY INCOME PROGRAM

23 For carrying out titles XI and XVI of the Social Se24 curity Act, section 401 of Public Law 92–603, section 212 

25 of Public Law 93–66, as amended, and section 405 of 

26 Public Law 95–216, including payment to the Social Secu-
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1 rity trust funds for administrative expenses incurred pur2 suant to section 201(g)(1) of the Social Security Act, 

3 $25,327,949,000, to remain available until expended: Pro4 vided, That any portion of the funds provided to a State 

5 in the current fiscal year and not obligated by the State 

6 during that year shall be returned to the Treasury. 

7 For making, after June 15 of the current fiscal year, 

8 benefit payments to individuals under title XVI of the So9 cial Security Act, for unanticipated costs incurred for the 

10 current fiscal year, such sums as may be necessary. 

11 For making benefit payments under title XVI of the 

12 Social Security Act for the first quarter of fiscal year 

13 2006, $14,130,000,000, to remain available until ex14 pended: Provided, That, notwithstanding the provisions of 

15 section 708(a) of the Social Security Act (42 U.S.C. 

16 908(a)), the day designated for delivery of benefit pay17 ments under title XVI of such Act for October 2005 shall 

18 be the third day of such month. 

19 LIMITATION ON ADMINISTRATIVE EXPENSES

20 For necessary expenses, including the hire of two pas21 senger motor vehicles, and not to exceed $15,000 for offi22 cial reception and representation expenses, not more than 

23 $8,498,818,000 may be expended, as authorized by sec24 tion 201(g)(1) of the Social Security Act, from any one 

25 or all of the trust funds referred to therein: Provided, That 

26 not less than $2,000,000 shall be for the Social Security 
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1 Advisory Board: Provided further, That unobligated bal2 ances of funds provided under this paragraph at the end 

3 of fiscal year 2005 not needed for fiscal year 2005 shall 

4 remain available until expended to invest in the Social Se5 curity Administration information technology and tele6 communications hardware and software infrastructure, in7 cluding related equipment and non-payroll administrative 

8 expenses associated solely with this information technology 

9 and telecommunications infrastructure: Provided further, 

10 That reimbursement to the trust funds under this heading 

11 for expenditures for official time for employees of the So12 cial Security Administration pursuant to section 7131 of 

13 title 5, United States Code, and for facilities or support 

14 services for labor organizations pursuant to policies, regu15 lations, or procedures referred to in section 7135(b) of 

16 such title shall be made by the Secretary of the Treasury, 

17 with interest, from amounts in the general fund not other18 wise appropriated, as soon as possible after such expendi19 tures are made. 

20 In addition, $124,000,000 to be derived from admin21 istration fees in excess of $5.00 per supplementary pay22 ment collected pursuant to section 1616(d) of the Social 

23 Security Act or section 212(b)(3) of Public Law 93–66, 

24 which shall remain available until expended. To the extent 

25 that the amounts collected pursuant to such section 
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1 1616(d) or 212(b)(3) in fiscal year 2005 exceed 

2 $124,000,000, the amounts shall be available in fiscal year 

3 2006 only to the extent provided in advance in appropria4 tions Acts. 

5 From funds previously appropriated for Federal6 State Partnerships, any unobligated balances at the end 

7 of fiscal year 2004 shall be transferred to the Supple8 mental Security Income Program and remain available 

9 until expended to promote Medicare buy-in programs tar10 geted to elderly and disabled individuals under titles 

11 XVIII and XIX of the Social Security Act. 

12 OFFICE OF INSPECTOR GENERAL

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses necessary for the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978, as amended, $26,000,000, together 

17 with not to exceed $66,000,000, to be transferred and ex18 pended as authorized by section 201(g)(1) of the Social 

19 Security Act from the Federal Old-Age and Survivors In20 surance Trust Fund and the Federal Disability Insurance 

21 Trust Fund. 

22 In addition, an amount not to exceed 3 percent of 

23 the total provided in this appropriation may be transferred 

24 from the ‘‘Limitation on Administrative Expenses’’, Social 

25 Security Administration, to be merged with this account, 

26 to be available for the time and purposes for which this 
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1 account is available: Provided, That notice of such trans2 fers shall be transmitted promptly to the Committees on 

3 Appropriations of the House and Senate. 

4 UNITED STATES INSTITUTE OF PEACE

5 OPERATING EXPENSES

6 For necessary expenses of the United States Institute 

7 of Peace as authorized in the United States Institute of 

8 Peace Act, $22,099,000. 

9 TITLE V—GENERAL PROVISIONS 

10 SEC. 501. The Secretaries of Labor, Health and 

11 Human Services, and Education are authorized to transfer 

12 unexpended balances of prior appropriations to accounts 

13 corresponding to current appropriations provided in this 

14 Act: Provided, That such transferred balances are used for 

15 the same purpose, and for the same periods of time, for 

16 which they were originally appropriated. 

17 SEC. 502. No part of any appropriation contained in 

18 this Act shall remain available for obligation beyond the 

19 current fiscal year unless expressly so provided herein. 

20 SEC. 503. (a) No part of any appropriation contained 

21 in this Act shall be used, other than for normal and recog22 nized executive-legislative relationships, for publicity or 

23 propaganda purposes, for the preparation, distribution, or 

24 use of any kit, pamphlet, booklet, publication, radio, tele25 vision, or video presentation designed to support or defeat 
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1 legislation pending before the Congress or any State legis2 lature, except in presentation to the Congress or any State 

3 legislature itself. 

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

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

6 grant or contract recipient, or agent acting for such recipi7 ent, related to any activity designed to influence legislation 

8 or appropriations pending before the Congress or any 

9 State legislature. 

10 SEC. 504. The Secretaries of Labor and Education 

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

12 and $20,000, respectively, from funds available for sala13 ries and expenses under titles I and III, respectively, for 

14 official reception and representation expenses; the Direc15 tor of the Federal Mediation and Conciliation Service is 

16 authorized to make available for official reception and rep17 resentation expenses not to exceed $5,000 from the funds 

18 available for ‘‘Salaries and expenses, Federal Mediation 

19 and Conciliation Service’’; and the Chairman of the Na20 tional Mediation Board is authorized to make available for 

21 official reception and representation expenses not to ex22 ceed $5,000 from funds available for ‘‘Salaries and ex23 penses, National Mediation Board’’. 

24 SEC. 505. Notwithstanding any other provision of 

25 this Act, no funds appropriated under this Act shall be 
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1 used to carry out any program of distributing sterile nee2 dles or syringes for the hypodermic injection of any illegal 

3 drug. 

4 SEC. 506. (a) It is the sense of the Congress that, 

5 to the greatest extent practicable, all equipment and prod6 ucts purchased with funds made available in this Act 

7 should be American-made. 

8 (b) In providing financial assistance to, or entering 

9 into any contract with, any entity using funds made avail10 able in this Act, the head of each Federal agency, to the 

11 greatest extent practicable, shall provide to such entity a 

12 notice describing the statement made in subsection (a) by 

13 the Congress. 

14 (c) If it has been finally determined by a court or 

15 Federal agency that any person intentionally affixed a 

16 label bearing a ‘‘Made in America’’ inscription, or any in17 scription with the same meaning, to any product sold in 

18 or shipped to the United States that is not made in the 

19 United States, the person shall be ineligible to receive any 

20 contract or subcontract made with funds made available 

21 in this Act, pursuant to the debarment, suspension, and 

22 ineligibility procedures described in sections 9.400 through 

23 9.409 of title 48, Code of Federal Regulations. 

24 SEC. 507. When issuing statements, press releases, 

25 requests for proposals, bid solicitations and other docu-
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1 ments describing projects or programs funded in whole or 

2 in part with Federal money, all grantees receiving Federal 

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

4 State and local governments and recipients of Federal re5 search grants, shall clearly state: (1) the percentage of the 

6 total costs of the program or project which will be financed 

7 with Federal money; (2) the dollar amount of Federal 

8 funds for the project or program; and (3) percentage and 

9 dollar amount of the total costs of the project or program 

10 that will be financed by non-governmental sources. 

11 SEC. 508. (a) None of the funds appropriated under 

12 this Act, and none of the funds in any trust fund to which 

13 funds are appropriated under this Act, shall be expended 

14 for any abortion. 

15 (b) None of the funds appropriated under this Act, 

16 and none of the funds in any trust fund to which funds 

17 are appropriated under this Act, shall be expended for 

18 health benefits coverage that includes coverage of abor19 tion. 

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

21 package of services covered by a managed care provider 

22 or organization pursuant to a contract or other arrange23 ment. 

24 SEC. 509. (a) The limitations established in the pre25 ceding section shall not apply to an abortion— 
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1 (1) if the pregnancy is the result of an act of 

2 rape or incest; or 

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

4 physical disorder, physical injury, or physical illness, 

5 including a life-endangering physical condition 

6 caused by or arising from the pregnancy itself, that 

7 would, as certified by a physician, place the woman 

8 in danger of death unless an abortion is performed. 

9 (b) Nothing in the preceding section shall be con10 strued as prohibiting the expenditure by a State, locality, 

11 entity, or private person of State, local, or private funds 

12 (other than a State’s or locality’s contribution of Medicaid 

13 matching funds). 

14 (c) Nothing in the preceding section shall be con15 strued as restricting the ability of any managed care pro16 vider from offering abortion coverage or the ability of a 

17 State or locality to contract separately with such a pro18 vider for such coverage with State funds (other than a 

19 State’s or locality’s contribution of Medicaid matching 

20 funds). 

21 SEC. 510. (a) None of the funds made available in 

22 this Act may be used for— 

23 (1) the creation of a human embryo or embryos 

24 for research purposes; or 
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1 (2) research in which a human embryo or em2 bryos are destroyed, discarded, or knowingly sub3 jected to risk of injury or death greater than that 

4 allowed for research on fetuses in utero under 45 

5 CFR 46.208(a)(2) and section 498(b) of the Public 

6 Health Service Act (42 U.S.C. 289g(b)). 

7 (b) For purposes of this section, the term ‘‘human 

8 embryo or embryos’’ includes any organism, not protected 

9 as a human subject under 45 CFR 46 as of the date of 

10 the enactment of this Act, that is derived by fertilization, 

11 parthenogenesis, cloning, or any other means from one or 

12 more human gametes or human diploid cells. 

13 SEC. 511. (a) None of the funds made available in 

14 this Act may be used for any activity that promotes the 

15 legalization of any drug or other substance included in 

16 schedule I of the schedules of controlled substances estab17 lished by section 202 of the Controlled Substances Act (21 

18 U.S.C. 812). 

19 (b) The limitation in subsection (a) shall not apply 

20 when there is significant medical evidence of a therapeutic 

21 advantage to the use of such drug or other substance or 

22 that federally sponsored clinical trials are being conducted 

23 to determine therapeutic advantage. 
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1 SEC. 512. None of the funds made available in this 

2 Act may be obligated or expended to enter into or renew 

3 a contract with an entity if— 

4 (1) such entity is otherwise a contractor with 

5 the United States and is subject to the requirement 

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

7 regarding submission of an annual report to the Sec8 retary of Labor concerning employment of certain 

9 veterans; and 

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

11 required by that section for the most recent year for 

12 which such requirement was applicable to such enti13 ty. 

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

15 Act may be used to promulgate or adopt any final stand16 ard under section 1173(b) of the Social Security Act (42 

17 U.S.C. 1320d–2(b)) providing for, or providing for the as18 signment of, a unique health identifier for an individual 

19 (except in an individual’s capacity as an employer or a 

20 health care provider), until legislation is enacted specifi21 cally approving the standard. 

22 SEC. 514. None of the funds made available in this 

23 Act may be transferred to any department, agency, or in24 strumentality of the United States Government, except 
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1 pursuant to a transfer made by, or transfer authority pro2 vided in, this Act or any other appropriation Act. 

3 SEC. 515. No funds appropriated by this Act may be 

4 expended by the Railroad Retirement Board for purposes 

5 of entering into an arrangement with a nongovernmental 

6 financial institution to serve as disbursing agent, notwith7 standing the requirements of section 231f(b)(4)(A) of title 

8 45, United States Code. 

9 SEC. 516. The course of dealings between the United 

10 States and the Native Hawaiian people, and the enact11 ment of Public Law 67–34 (the Hawaiian Homes Commis12 sion Act), Public Law 83–3 (the Hawaii Admissions Act), 

13 Public Law 89–10 (the Native Hawaiian Education Act), 

14 Public Law 100–579 (the Native Hawaiian Health Care 

15 Improvement Act), Public Law 103–150 (the Native Ha16 waiian Apology Resolution), Public Law 104–42 (the Ha17 waiian Homelands Recovery Act), and Public Law 106– 

18 569 (the Native American Housing Assistance and Self19 Determination Act) have established a special relationship 

20 between the United States and the Native Hawaiian peo21 ple, and accordingly, pursuant to the terms and conditions 

22 of S. 344, Senate Calendar No. 185, amendment 3576, 

23 upon the election of the officers of the Native Hawaiian 

24 governing entity and the certifications by the Secretary 

25 of the Interior, the United States shall extend Federal rec-
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1 ognition to the Native Hawaiian governing entity as the 

2 representative governing body of the Native Hawaiian peo3 ple. 

4 SEC. 517. Notwithstanding any other provision of law 

5 or regulation, the United States Government’s interest in 

6 the property at 1818 W. Northern Lights Boulevard in 

7 Anchorage, Alaska, with legal description: T13N R4W 

Section 25, NE 1⁄4 NW 1 8 ⁄4 Portion W135 E953 N350, 

9 Anchorage Recording District shall be conveyed to 

10 Southcentral Foundation for a replacement Head Start fa11 cility. 

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

13 Health and Human Services, and Education, and Related 

14 Agencies Appropriations Act, 2005’’. 

Calendar No. 699 

108TH CONGRESS 

2D SESSION S. 2810 

[Report No. 108–345] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2005, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduSEPTEMBER 15, 2004 

Read twice and placed on the calendar