108TH CONGRESS

2D SESSION H. R. 5006

AN ACT

Making appropriations for the Departments of

Labor, Health and Human Services, and Education, and related agencies for the fiscal yearending September 30, 2005, and for other purposes.

108TH CONGRESS

2D SESSION H. R. 5006

AN ACT

Making appropriations for the Departments of Labor, Health

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Departments of Labor, Health and Human Services, and

4 Education, and related agencies for the fiscal year ending

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

6 TITLE I—DEPARTMENT OF LABOR

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 (INCLUDING RESCISSION)

10 For necessary expenses of the Workforce Investment

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

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

13 buildings and other facilities, and the purchase of real

14 property for training centers as authorized by such Act,

15 $2,649,728,000 plus reimbursements; of which

16 $1,642,442,000 is available for obligation for the period

17 July 1, 2005, through June 30, 2006, except that

18 amounts determined by the Secretary of Labor to be nec19 essary pursuant to sections 173(a)(4)(A) and 174(c) of

20 such Act shall be available from October 1, 2004, until

21 expended; of which $1,000,965,000 is available for obliga22 tion for the period April 1, 2005, through June 30, 2006,

23 to carry out chapter 4 of such Act; and of which

24 $6,321,000 is available for the period July 1, 2005,

25 through June 30, 2008, for necessary expenses of con-
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1 struction, rehabilitation, and acquisition of Job Corps cen2 ters: Provided, That notwithstanding any other provision

3 of law, of the funds provided herein under section 137(c)

4 of such Act, $301,227,000 shall be for activities described

5 in section 132(a)(2)(A) of such Act, and $1,178,192,000

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

7 such Act: Provided further, That $8,000,000 shall be for

8 carrying out section 172 of such Act: Provided further,

9 That, notwithstanding any other provision of law or re10 lated regulation, $76,874,000 shall be for carrying out

11 section 167 of such Act, including $71,787,000 for for12 mula grants, $4,583,000 for migrant and seasonal hous13 ing (of which not less than 70 percent shall be for perma14 nent housing), and $504,000 for other discretionary pur15 poses: Provided further, That notwithstanding the transfer

16 limitation under section 133(b)(4) of such Act, up to 30

17 percent of such funds may be transferred by a local board

18 if approved by the Governor: Provided further, That funds

19 provided to carry out section 171(d) of such Act may be

20 used for demonstration projects that provide assistance to

21 new entrants in the workforce and incumbent workers:

22 Provided further, That no funds from any other appropria23 tion shall be used to provide meal services at or for Job

24 Corps centers.
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1 For necessary expenses of the Workforce Investment

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

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

4 buildings and other facilities, and the purchase of real

5 property for training centers as authorized by such Act;

6 $2,463,000,000 plus reimbursements, of which

7 $2,363,000,000 is available for obligation for the period

8 October 1, 2005, through June 30, 2006, and of which

9 $100,000,000 is available for the period October 1, 2005,

10 through June 30, 2008, for necessary expenses of con11 struction, rehabilitation, and acquisition of Job Corps cen12 ters.

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

14 Nonimmigrant Petitioner Account that are available to the

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

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

17 $100,000,000 are rescinded.

18 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

19 AMERICANS

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

21 1965, as amended, $440,200,000.

22 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

23 For payments during the current fiscal year of trade

24 adjustment benefit payments and allowances under part

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

26 search and relocation, and related State administrative ex-
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1 penses under part II of chapter 2, title II of the Trade

2 Act of 1974 (including the benefits and services described

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

4 Adjustment Assistance Reform Act of 2002, Public Law

5 107–210), $1,057,300,000, together with such amounts as

6 may be necessary to be charged to the subsequent appro7 priation for payments for any period subsequent to Sep8 tember 15 of the current year.

9 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

10 SERVICE OPERATIONS

11 For authorized administrative expenses,

12 $141,934,000, together with not to exceed

13 $3,440,914,000 (including not to exceed $1,228,000

14 which may be used for amortization payments to States

15 which had independent retirement plans in their State em16 ployment service agencies prior to 1980), which may be

17 expended from the Employment Security Administration

18 Account in the Unemployment Trust Fund including the

19 cost of administering section 51 of the Internal Revenue

20 Code of 1986, as amended, section 7(d) of the Wagner21 Peyser Act, as amended, the Trade Act of 1974, as

22 amended, the Immigration Act of 1990, and the Immigra23 tion and Nationality Act, as amended, and of which the

24 sums available in the allocation for activities authorized

25 by title III of the Social Security Act, as amended (42
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1 U.S.C. 502–504), and the sums available in the allocation

2 for necessary administrative expenses for carrying out 5

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

4 States through December 31, 2005, except that funds

5 used for automation acquisitions shall be available for obli6 gation by the States through September 30, 2007; of

7 which $141,934,000, together with not to exceed

8 $672,700,000 of the amount which may be expended from

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

10 period July 1, 2005, through June 30, 2006, to fund ac11 tivities under the Act of June 6, 1933, as amended, in12 cluding the cost of penalty mail authorized under 39

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

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

15 that the Average Weekly Insured Unemployment (AWIU)

16 for fiscal year 2005 is projected by the Department of

17 Labor to exceed 3,327,000, an additional $28,600,000

18 shall be available for obligation for every 100,000 increase

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

20 increment less than 100,000) from the Employment Secu21 rity Administration Account of the Unemployment Trust

22 Fund: Provided further, That funds appropriated in this

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

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

25 activities of the Federal-State unemployment insurance or
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1 immigration programs, may be obligated in contracts,

2 grants or agreements with non-State entities: Provided

3 further, That funds appropriated under this Act for activi4 ties authorized under the Wagner-Peyser Act, as amended,

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

6 the States to fund integrated Employment Service and

7 Unemployment Insurance automation efforts, notwith8 standing cost allocation principles prescribed under Office

9 of Management and Budget Circular A–87.

10 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

11 OTHER FUNDS

12 For repayable advances to the Unemployment Trust

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

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

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

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

17 for nonrepayable advances to the Unemployment Trust

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

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

20 and allowances’’ account, to remain available until Sep21 tember 30, 2006, $517,000,000.

22 In addition, for making repayable advances to the

23 Black Lung Disability Trust Fund in the current fiscal

24 year after September 15, 2005, for costs incurred by the
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1 Black Lung Disability Trust Fund in the current fiscal

2 year, such sums as may be necessary.

3 PROGRAM ADMINISTRATION

4 For expenses of administering employment and train5 ing programs, $111,375,000, together with not to exceed

6 $57,479,000 which may be expended from the Employ7 ment Security Administration Account in the Unemploy8 ment Trust Fund.

9 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses for the Employee Benefits

12 Security Administration, $132,345,000.

13 PENSION BENEFIT GUARANTY CORPORATION

14 PENSION BENEFIT GUARANTY CORPORATION FUND

15 The Pension Benefit Guaranty Corporation is author16 ized to make such expenditures, including financial assist17 ance authorized by section 104 of Public Law 96–364,

18 within limits of funds and borrowing authority available

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

20 such contracts and commitments without regard to fiscal

21 year limitations as provided by section 104 of the Govern22 ment Corporation Control Act, as amended (31 U.S.C.

23 9104), as may be necessary in carrying out the program,

24 including associated administrative expenses, through

25 September 30, 2005, for such Corporation: Provided, That
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1 none of the funds available to the Corporation for fiscal

2 year 2005 shall be available for obligations for administra3 tive expenses in excess of $266,330,000: Provided further,

4 That obligations in excess of such amount may be incurred

5 after approval by the Office of Management and Budget

6 and the Committees on Appropriations of the House and

7 Senate.

8 EMPLOYMENT STANDARDS ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Employment Stand11 ards Administration, including reimbursement to State,

12 Federal, and local agencies and their employees for inspec13 tion services rendered, $400,797,000, together with

14 $2,021,000 which may be expended from the Special Fund

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

16 Longshore and Harbor Workers’ Compensation Act: Pro17 vided, That $1,250,000 shall be for the development of

18 an alternative system for the electronic submission of re19 ports required to be filed under the Labor-Management

20 Reporting and Disclosure Act of 1959, as amended, and

21 for a computer database of the information for each sub22 mission by whatever means, that is indexed and easily

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

24 That the Secretary of Labor is authorized to accept, re25 tain, and spend, until expended, in the name of the De-
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1 partment of Labor, all sums of money ordered to be paid

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

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

4 the United States District Court for the District of the

5 Northern Mariana Islands (May 21, 1992): Provided fur6 ther, That the Secretary of Labor is authorized to estab7 lish and, in accordance with 31 U.S.C. 3302, collect and

8 deposit in the Treasury fees for processing applications

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

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

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

12 and issuing registrations under title I of the Migrant and

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

14 1801 et seq.).

15 SPECIAL BENEFITS

16 (INCLUDING TRANSFER OF FUNDS)

17 For the payment of compensation, benefits, and ex18 penses (except administrative expenses) accruing during

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

20 chapter 81 of the United States Code; continuation of ben21 efits as provided for under the heading ‘‘Civilian War Ben22 efits’’ in the Federal Security Agency Appropriation Act,

23 1947; the Employees’ Compensation Commission Appro24 priation Act, 1944; sections 4(c) and 5(f) of the War

25 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per-
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1 cent of the additional compensation and benefits required

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

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

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

5 the subsequent year appropriation for the payment of

6 compensation and other benefits for any period subse7 quent to August 15 of the current year: Provided, That

8 amounts appropriated may be used under section 8104 of

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

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

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

12 disabled beneficiary: Provided further, That balances of re13 imbursements unobligated on September 30, 2004, shall

14 remain available until expended for the payment of com15 pensation, benefits, and expenses: Provided further, That

16 in addition there shall be transferred to this appropriation

17 from the Postal Service and from any other corporation

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

19 5, United States Code, to pay an amount for its fair share

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

21 determines to be the cost of administration for employees

22 of such fair share entities through September 30, 2005:

23 Provided further, That of those funds transferred to this

24 account from the fair share entities to pay the cost of ad25 ministration of the Federal Employees’ Compensation Act,
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1 $39,668,000 shall be made available to the Secretary as

2 follows:

3 (1) for enhancement and maintenance of auto4 mated data processing systems and telecommuni5 cations systems, $12,351,000;

6 (2) for automated workload processing oper7 ations, including document imaging, centralized mail

8 intake and medical bill processing, $14,221,000;

9 (3) for periodic roll management and medical

10 review, $13,096,000; and

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

12 Treasury as miscellaneous receipts:

13 Provided further, That the Secretary may require that any

14 person filing a notice of injury or a claim for benefits

15 under chapter 81 of title 5, United States Code, or 33

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

17 claim, such identifying information (including Social Secu18 rity account number) as such regulations may prescribe.

19 SPECIAL BENEFITS FOR DISABLED COAL MINERS

20 For carrying out title IV of the Federal Mine Safety

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

22 275, (the ‘‘Act’’), $276,000,000, to remain available until

23 expended.

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

25 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, $461,599,000, 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 none

10 of the funds appropriated under this paragraph shall be

11 obligated or expended to administer or enforce the provi12 sions of 29 CFR 1910.134(f)(2) (General Industry Res13 piratory Protection Standard) to the extent that such pro14 visions require the annual fit testing (after the initial fit

15 testing) of respirators for occupational exposure to tuber16 culosis.

17 MINE SAFETY AND HEALTH ADMINISTRATION

18 SALARIES AND EXPENSES

19 For necessary expenses for the Mine Safety and

20 Health Administration, $275,567,000, including purchase

21 and bestowal of certificates and trophies in connection

22 with mine rescue and first-aid work, and the hire of pas23 senger motor vehicles; in addition, not to exceed $750,000

24 may be collected by the National Mine Health and Safety

25 Academy for room, board, tuition, and the sale of training
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1 materials, otherwise authorized by law to be collected, to

2 be available for mine safety and health education and

3 training activities, notwithstanding 31 U.S.C. 3302; and,

4 in addition, the Mine Safety and Health Administration

5 may retain up to $1,000,000 from fees collected for the

6 approval and certification of equipment, materials, and ex7 plosives for use in mines, and may utilize such sums for

8 such activities; the Secretary is authorized to accept lands,

9 buildings, equipment, and other contributions from public

10 and private sources and to prosecute projects in coopera11 tion with other agencies, Federal, State, or private; the

12 Mine Safety and Health Administration is authorized to

13 promote health and safety education and training in the

14 mining community through cooperative programs with

15 States, industry, and safety associations; and any funds

16 available to the department may be used, with the ap17 proval of the Secretary, to provide for the costs of mine

18 rescue and survival operations in the event of a major dis19 aster.

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.

4 OFFICE OF DISABILITY EMPLOYMENT POLICY

5 SALARIES AND EXPENSES

6 For necessary expenses for the Office of Disability

7 Employment Policy to provide leadership, develop policy

8 and initiatives, and award grants furthering the objective

9 of eliminating barriers to the training and employment of

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

11 DEPARTMENTAL MANAGEMENT

12 SALARIES AND EXPENSES

13 For necessary expenses for Departmental Manage14 ment, including the hire of three sedans, and including

15 the management or operation, through contracts, grants

16 or other arrangements of Departmental activities con17 ducted by or through the Bureau of International Labor

18 Affairs, including bilateral and multilateral technical as19 sistance and other international labor activities,

20 $264,653,000, of which, $7,000,000 to remain available

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

22 Security enhancements, and $30,000,000 is for the acqui23 sition of Departmental information technology, architec24 ture, infrastructure, equipment, software, and related

25 needs, which will be allocated by the Department’s Chief
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1 Information Officer in accordance with the Department’s

2 capital investment management process to assure a sound

3 investment strategy, together with not to exceed

4 $314,000, which may be expended from the Employment

5 Security Administration Account in the Unemployment

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

7 this Act may be used by the Solicitor of Labor to partici8 pate in a review in any United States court of appeals

9 of any decision made by the Benefits Review Board under

10 section 21 of the Longshore and Harbor Workers’ Com11 pensation Act (33 U.S.C. 921) where such participation

12 is precluded by the decision of the United States Supreme

13 Court in Director, Office of Workers’ Compensation Pro14 grams v. Newport News Shipbuilding, 115 S. Ct. 1278

15 (1995), notwithstanding any provisions to the contrary

16 contained in Rule 15 of the Federal Rules of Appellate

17 Procedure: Provided further, That no funds made available

18 by this Act may be used by the Secretary of Labor to re19 view a decision under the Longshore and Harbor Workers’

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

21 appealed and that has been pending before the Benefits

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

23 That any such decision pending a review by the Benefits

24 Review Board for more than 1 year shall be considered

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

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

3 review in the United States courts of appeals: Provided

4 further, That these provisions shall not be applicable to

5 the review or appeal of any decision issued under the

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

7 VETERANS EMPLOYMENT AND TRAINING

8 Not to exceed $194,098,000 (increased by

9 $5,000,000) may be derived from the Employment Secu10 rity Administration Account in the Unemployment Trust

11 Fund to carry out the provisions of 38 U.S.C. 4100–

12 4110A, 4212, 4214, and 4321–4327, and Public Law

13 103–353, and which shall be available for obligation by

14 the States through December 31, 2005, of which

15 $2,000,000 is for the National Veterans’ Employment and

16 Training Services Institute. To carry out the Homeless

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

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

19 2913), $26,550,000 of which $7,550,000 shall be available

20 for obligation for the period July 1, 2005, through June

21 30, 2006.

22 OFFICE OF INSPECTOR GENERAL

23 For salaries and expenses of the Office of Inspector

24 General in carrying out the provisions of the Inspector

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

26 with not to exceed $5,561,000, which may be expended
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1 from the Employment Security Administration Account in

2 the Unemployment Trust Fund.

3 WORKING CAPITAL FUND

4 For the acquisition of a new core accounting system

5 for the Department of Labor, including hardware and

6 software infrastructure and the costs associated with im7 plementation thereof, $10,000,000.

8 GENERAL PROVISIONS

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

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

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

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

13 II.

14 (TRANSFER OF FUNDS)

15 SEC. 102. Not to exceed 1 percent of any discre16 tionary funds (pursuant to the Balanced Budget and

17 Emergency Deficit Control Act of 1985, as amended)

18 which are appropriated for the current fiscal year for the

19 Department of Labor in this Act may be transferred be20 tween appropriations, but no such appropriation shall be

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

22 Provided, That the Appropriations Committees of both

23 Houses of Congress are notified at least 15 days in ad24 vance of any transfer.

25 SEC. 103. Not later than 30 days after the date of

26 enactment of this Act, the Secretary of Labor shall issue
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1 a monthly transit subsidy of not less than the amount each

2 of its employees of the National Capital Region is eligible

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

4 by Executive Order No. 13150.

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

6 Appropriations Act, 2005’’.

7 TITLE II—DEPARTMENT OF HEALTH AND

8 HUMAN SERVICES

9 HEALTH RESOURCES AND SERVICES ADMINISTRATION

10 HEALTH RESOURCES AND SERVICES

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

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

13 427(a) of the Federal Coal Mine Health and Safety Act,

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

15 Security Act, the Health Care Quality Improvement Act

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

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

18 of 2000, and the Poison Control Center Enhancement and

19 Awareness Act, $6,305,333,000, of which $32,500,000

20 from general revenues, notwithstanding section 1820(j) of

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

22 the Medicare rural hospital flexibility grants program

23 under section 1820 of such Act: Provided, That of the

24 funds made available under this heading, $250,000 shall

25 be available until expended for facilities renovations at the
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1 Gillis W. Long Hansen’s Disease Center: Provided further,

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

3 the Health Care Quality Improvement Act of 1986, fees

4 shall be collected for the full disclosure of information

5 under the Act sufficient to recover the full costs of oper6 ating the National Practitioner Data Bank, and shall re7 main available until expended to carry out that Act: Pro8 vided further, That fees collected for the full disclosure of

9 information under the ‘‘Health Care Fraud and Abuse

10 Data Collection Program’’, authorized by section

11 1128E(d)(2) of the Social Security Act, shall be sufficient

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

13 shall remain available until expended to carry out that

14 Act: Provided further, That no more than $45,000,000 to

15 remain available until expended is available for carrying

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

17 That of the funds made available under this heading,

18 $278,283,000 shall be for the program under title X of

19 the Public Health Service Act to provide for voluntary

20 family planning projects: Provided further, That amounts

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

23 be nondirective, and that such amounts shall not be ex24 pended for any activity (including the publication or dis25 tribution of literature) that in any way tends to promote
25

•HR 5006 EH

1 public support or opposition to any legislative proposal or

2 candidate for public office: Provided further, That

3 $803,872,000 shall be for State AIDS Drug Assistance

4 Programs authorized by section 2616 of the Public Health

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

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

7 amounts available under section 241 of the Public Health

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

9 XXVI of the Public Health Service Act to fund section

10 2691 Special Projects of National Significance: Provided

11 further, That notwithstanding section 502(a)(1) of the So12 cial Security Act, not to exceed $119,158,000 is available

13 for carrying out special projects of regional and national

14 significance pursuant to section 501(a)(2) of such Act.

15 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

16 ACCOUNT

17 Such sums as may be necessary to carry out the pur18 pose of the program, as authorized by title VII of the Pub19 lic Health Service Act, as amended. For administrative ex20 penses to carry out the guaranteed loan program, includ21 ing section 709 of the Public Health Service Act,

22 $3,270,000.
26

•HR 5006 EH

1 VACCINE INJURY COMPENSATION PROGRAM TRUST

2 FUND

3 For payments from the Vaccine Injury Compensation

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

5 claims associated with vaccine-related injury or death with

6 respect to vaccines administered after September 30,

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

8 Health Service Act, to remain available until expended:

9 Provided, That for necessary administrative expenses, not

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

11 Fund to the Secretary of Health and Human Services.

12 CENTERS FOR DISEASE CONTROL AND PREVENTION

13 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

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

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

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

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

21 including purchase and insurance of official motor vehicles

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

23 operation of aircraft, $4,228,778,000, of which

24 $81,500,000 shall remain available until expended for

25 equipment, and construction and renovation of facilities,
27

•HR 5006 EH

1 and of which $142,808,000 for international HIV/AIDS

2 shall remain available until September 30, 2006. In addi3 tion, such sums as may be derived from authorized user

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

5 That in addition to amounts provided herein, the following

6 amounts shall be available from amounts available under

7 section 241 of the Public Health Service Act:

8 (1) $14,000,000 to carry out the National Im9 munization Surveys;

10 (2) $149,600,000 to carry out the National

11 Center for Health Statistics surveys;

12 (3) $28,600,000 to carry out information sys13 tems standards development and architecture and

14 applications-based research used at local public

15 health levels;

16 (4) $15,000,000 to carry out Public Health Re17 search; and

18 (5) $41,900,000 to carry out Research Tools

19 and Approaches activities within the National Occu20 pational Research Agenda:

21 Provided further, That none of the funds made available

22 for injury prevention and control at the Centers for Dis23 ease Control and Prevention may be used, in whole or in

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

25 That the Director may redirect the total amount made
28

•HR 5006 EH

1 available under authority of Public Law 101–502, section

2 3, dated November 3, 1990, to activities the Director may

3 so designate: Provided further, That the Congress is to be

4 notified promptly of any such transfer: Provided further,

5 That not to exceed $12,500,000 may be available for mak6 ing grants under section 1509 of the Public Health Service

7 Act to not more than 15 States, tribes, or tribal organiza8 tions: Provided further, That without regard to existing

9 statute, funds appropriated may be used to proceed, at

10 the discretion of the Centers for Disease Control and Pre11 vention, with property acquisition, including a long-term

12 ground lease for construction on non-Federal land, to sup13 port the construction of a replacement laboratory in the

14 Fort Collins, Colorado area: Provided further, That not15 withstanding any other provision of law, a single contract

16 or related contracts for development and construction of

17 facilities may be employed which collectively include the

18 full scope of the project: Provided further, That the solici19 tation and contract shall contain the clause ‘‘availability

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

21 NATIONAL INSTITUTES OF HEALTH

22 NATIONAL CANCER INSTITUTE

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

25 $4,870,025,000, of which up to $8,000,000 may be used
29

•HR 5006 EH

1 for facilities repairs and improvements at the NCI-Fred2 erick Federally Funded Research and Development Center

3 in Frederick, Maryland.

4 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

7 and blood diseases, and blood and blood products,

8 $2,963,953,000.

9 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

10 RESEARCH

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to dental disease,

13 $394,080,000.

14 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE

15 AND KIDNEY DISEASES

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to diabetes and diges18 tive and kidney disease, $1,726,196,000.

19 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

20 AND STROKE

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to neurological dis23 orders and stroke, $1,545,623,000.
30

•HR 5006 EH

1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

3 (INCLUDING TRANSFER OF FUNDS)

4 For carrying out section 301 and title IV of the Pub5 lic Health Service Act with respect to allergy and infec6 tious diseases, $4,440,007,000: Provided, That

7 $100,000,000 may be made available to International As8 sistance Programs, ‘‘Global Fund to Fight HIV/AIDS,

9 Malaria, and Tuberculosis’’, to remain available until ex10 pended: Provided further, That up to $150,000,000 shall

11 be for extramural facilities construction grants to enhance

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

13 other agents.

14 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

17 sciences, $1,959,810,000.

18 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

19 DEVELOPMENT

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

22 human development, $1,280,915,000.
31

•HR 5006 EH

1 NATIONAL EYE INSTITUTE

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

4 visual disorders, $671,578,000.

5 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

6 SCIENCES

7 For carrying out sections 301 and 311 and title IV

8 of the Public Health Service Act with respect to environ9 mental health sciences, $650,027,000.

10 NATIONAL INSTITUTE ON AGING

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

13 $1,055,666,000.

14 NATIONAL INSTITUTE OF ARTHRITIS AND

15 MUSCULOSKELETAL AND SKIN DISEASES

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to arthritis and mus18 culoskeletal and skin diseases, $515,378,000.

19 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

20 COMMUNICATION DISORDERS

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to deafness and other

23 communication disorders, $393,507,000.
32

•HR 5006 EH

1 NATIONAL INSTITUTE OF NURSING RESEARCH

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

4 $139,198,000.

5 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

6 ALCOHOLISM

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

9 alcoholism, $441,911,000.

10 NATIONAL INSTITUTE ON DRUG ABUSE

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to drug abuse,

13 $1,012,760,000: Provided, That in addition to amounts

14 provided herein, $6,300,000 shall be available from

15 amounts under section 241 of the Act to carry out na16 tional surveys on drug abuse and related analysis.

17 NATIONAL INSTITUTE OF MENTAL HEALTH

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

20 $1,420,609,000.

21 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to human genome re24 search, $492,670,000.
33

•HR 5006 EH

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, $297,647,000.

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, $1,094,141,000:

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.

14 NATIONAL CENTER FOR COMPLEMENTARY AND

15 ALTERNATIVE MEDICINE

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

18 alternative medicine, $121,116,000.

19 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

20 DISPARITIES

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to minority health and

23 health disparities research, $196,780,000.
34

•HR 5006 EH

1 JOHN E. FOGARTY INTERNATIONAL CENTER

2 For carrying out the activities at the John E.

3 Fogarty International Center, $67,182,000.

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, $316,947,000, 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 under section 241 of the Act to carry out Na16 tional Information Center on Health Services Research

17 and Health Care Technology and related health services.

18 OFFICE OF THE DIRECTOR

19 (INCLUDING TRANSFER OF FUNDS)

20 For carrying out the responsibilities of the Office of

21 the Director, National Institutes of Health, $359,645,000,

22 of which up to $7,500,000 shall be used to carry out sec23 tion 217 of this Act: Provided, That funding shall be avail24 able for the purchase of not to exceed 29 passenger motor

25 vehicles for replacement only: Provided further, That the
35

•HR 5006 EH

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 a uniform percentage of the amounts appro17 priated in this Act to each Institute and Center, as deter18 mined by the Director and totaling not more than

19 $176,800,000, may be utilized for the National Institutes

20 of Health Roadmap Initiative: Provided further, That

21 amounts utilized under the preceding proviso shall be in

22 addition to amounts made available for the Roadmap Ini23 tiative from the Director’s Discretionary Fund: Provided

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

25 out section 499 of the Public Health Service Act.
36

•HR 5006 EH

1 BUILDINGS AND FACILITIES

2 (INCLUDING TRANSFER OF FUNDS)

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

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

5 National Institutes of Health, including the acquisition of

6 real property, $99,500,000, to remain available until ex7 pended.

8 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

9 ADMINISTRATION

10 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

11 For carrying out titles V and XIX of the Public

12 Health Service Act with respect to substance abuse and

13 mental health services, the Protection and Advocacy for

14 Mentally Ill Individuals Act, and section 301 of the Public

15 Health Service Act with respect to program management,

16 $3,270,360,000: Provided, That in addition to amounts

17 provided herein, the following amounts shall be available

18 from amounts available under section 241 of the Public

19 Health Service Act:

20 (1) $79,200,000 to carry out subpart II of title

21 XIX of the Public Health Service Act to fund sec22 tion 1935(b) technical assistance, national data,

23 data collection and evaluation activities, and further

24 that the total available under this Act for section

25 1935(b) activities shall not exceed 5 percent of the

26 amounts appropriated for subpart II of title XIX;
37

•HR 5006 EH

1 (2) $21,803,000 to carry out subpart I of part

2 B of title XIX of the Public Health Services Act to

3 fund section 1920(b) technical assistance, national

4 data, data collection and evaluation activities, and

5 further that the total available under this Act for

6 section 1920(b) activities shall not exceed 5 percent

7 of the amounts appropriated for subpart I of part B

8 of title XIX;

9 (3) $16,000,000 to carry out national surveys

10 on drug abuse; and

11 (4) $4,300,000 for substance abuse treatment

12 programs.

13 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

14 HEALTHCARE RESEARCH AND QUALITY

15 For carrying out titles III and IX of the Public

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

17 Security Act, amounts received from Freedom of Informa18 tion Act fees, reimbursable and interagency agreements,

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

20 and shall remain available until expended: Provided, That

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

22 the Public Health Service Act shall not exceed

23 $303,695,000.
38

•HR 5006 EH

1 CENTERS FOR MEDICARE AND MEDICAID SERVICES

2 GRANTS TO STATES FOR MEDICAID

3 For carrying out, except as otherwise provided, titles

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

5 to remain available until expended.

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

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

8 quarter of fiscal year 2005 for unanticipated costs, in9 curred for the current fiscal year, such sums as may be

10 necessary.

11 For making payments to States or in the case of sec12 tion 1928 on behalf of States under title XIX of the Social

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

14 $58,517,290,000, to remain available until expended.

15 Payment under title XIX may be made for any quar16 ter with respect to a State plan or plan amendment in

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

18 quarter and approved in that or any subsequent quarter.

19 PAYMENTS TO HEALTH CARE TRUST FUNDS

20 For payment to the Federal Hospital Insurance and

21 the Federal Supplementary Medical Insurance Trust

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

23 1860D–31 of the Social Security Act, sections 103(c) and

24 111(d) of the Social Security Amendments of 1965, sec25 tion 278(d) of Public Law 97–248, and for administrative
39

•HR 5006 EH

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

2 Security Act, $114,608,900,000. To ensure prompt pay3 ments of Medicare prescription drug benefits as provided

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

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

6 for fiscal year 2006.

7 PROGRAM MANAGEMENT

8 For carrying out, except as otherwise provided, titles

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

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

11 the Clinical Laboratory Improvement Amendments of

12 1988, not to exceed $2,746,253,000, to be transferred

13 from the Federal Hospital Insurance and the Federal Sup14 plementary Medical Insurance Trust Funds, as authorized

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

16 all funds collected in accordance with section 353 of the

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

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

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

20 remain available until expended: Provided, That all funds

21 derived in accordance with 31 U.S.C. 9701 from organiza22 tions established under title XIII of the Public Health

23 Service Act shall be credited to and available for carrying

24 out the purposes of this appropriation: Provided further,

25 That $24,400,000, to remain available until September
40

•HR 5006 EH

1 30, 2006, is for contract costs for CMS’s Systems Revital2 ization Plan: Provided further, That $78,300,000, to re3 main available until September 30, 2006, is for contract

4 costs for the Healthcare Integrated General Ledger Ac5 counting System: Provided further, That not less than

6 $129,000,000 shall be for processing Medicare appeals, of

7 which $50,000,000 shall be transferred to the Social Secu8 rity Administration for processing Medicare appeals: Pro9 vided further, That the Secretary of Health and Human

10 Services is directed to collect fees in fiscal year 2005 from

11 Medicare+Choice organizations pursuant to section

12 1857(e)(2) of the Social Security Act and from eligible

13 organizations with risk-sharing contracts under section

14 1876 of that Act pursuant to section 1876(k)(4)(D) of

15 that Act: Provided further, That the aggregate amount

16 under this heading is hereby reduced by $9,000,000, such

17 reduction shall be allocated among the programs and ac18 tivities under this heading (including programs and activi19 ties for which amounts are specified under this heading)

20 in such manner as the Administrator of the Centers for

21 Medicare & Medicaid Services determines to be appro22 priate.
41

•HR 5006 EH

1 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

2 GUARANTEE FUND

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

4 1308 of the Public Health Service Act, any amounts re5 ceived by the Secretary in connection with loans and loan

6 guarantees under title XIII of the Public Health Service

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

8 payment of outstanding obligations. During fiscal year

9 2005, no commitments for direct loans or loan guarantees

10 shall be made.

11 ADMINISTRATION FOR CHILDREN AND FAMILIES

12 PAYMENTS TO STATES FOR CHILD SUPPORT

13 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

14 For making payments to States or other non-Federal

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

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

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

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

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

20 expended.

21 For making payments to each State for carrying out

22 the program of Aid to Families with Dependent Children

23 under title IV–A of the Social Security Act before the ef24 fective date of the program of Temporary Assistance to

25 Needy Families (TANF) with respect to such State, such
42

•HR 5006 EH

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

2 amounts available to a State with respect to expenditures

3 under such title IV–A in fiscal year 1997 under this ap4 propriation and under such title IV–A as amended by the

5 Personal Responsibility and Work Opportunity Reconcili6 ation Act of 1996 shall not exceed the limitations under

7 section 116(b) of such Act.

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

9 payments to States or other non-Federal entities under

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

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

12 the last 3 months of the current fiscal year for unantici13 pated costs, incurred for the current fiscal year, such sums

14 as may be necessary.

15 LOW-INCOME HOME ENERGY ASSISTANCE

16 (INCLUDING TRANSFER OF FUNDS)

17 For carrying out low-income home energy assistance

18 activities, $2,227,000,000 (increased by $22,000,000):

19 Provided, That of the total amount provided under this

20 heading, $1,900,000,000 (increased by $11,000,000) shall

21 be for the low-income home energy assistance program

22 under title XXVI of the Omnibus Budget Reconciliation

23 Act of 1981 (42 U.S.C. 8621 et seq.): Provided further,

24 That of the total amount provided under this heading,

25 $100,000,000, to remain available until expended, shall be
43

•HR 5006 EH

1 for the low-income home energy assistance program under

2 title XXVI of the Omnibus Budget Reconciliation Act of

3 1981 (42 U.S.C. 8621 et seq.) for the unanticipated home

4 energy assistance needs of one or more States, as author5 ized by section 2604(e) of such Act, and notwithstanding

6 the designation requirement of section 2602(e) of such

7 Act: Provided further, That of the total amount provided

8 under this heading, $227,000,000 (increased by

9 $11,000,000) is hereby transferred to the Department of

10 Energy for the weatherization assistance program under

11 part A of title IV of the Energy Conservation and Produc12 tion Act (42 U.S.C. 6861 et seq.), and shall remain avail13 able until expended.

14 REFUGEE AND ENTRANT ASSISTANCE

15 For necessary expenses for refugee and entrant as16 sistance activities and for costs associated with the care

17 and placement of unaccompanied alien children authorized

18 by title IV of the Immigration and Nationality Act and

19 section 501 of the Refugee Education Assistance Act of

20 1980 (Public Law 96–422), for carrying out section 462

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

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

23 of 2003 (Public Law 108–179), $491,336,000, of which

24 up to $10,000,000 shall be available to carry out the Traf25 ficking Victims Protection Act of 2003 (Public Law 108–
44

•HR 5006 EH

1 193): Provided, That funds appropriated under this head2 ing pursuant to section 414(a) of the Immigration and

3 Nationality Act and section 462 of the Homeland Security

4 Act of 2002 for fiscal year 2005 shall be available for the

5 costs of assistance provided and other activities to remain

6 available through September 30, 2007.

7 PAYMENTS TO STATES FOR THE CHILD CARE AND

8 DEVELOPMENT BLOCK GRANT

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

10 Omnibus Budget Reconciliation Act of 1981 (The Child

11 Care and Development Block Grant Act of 1990),

12 $2,099,729,000 shall be used to supplement, not supplant

13 state general revenue funds for child care assistance for

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

15 available for child care resource and referral and school16 aged child care activities, of which $1,000,000 shall be for

17 the Child Care Aware toll free hotline: Provided further,

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

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

20 reserved by the States for activities authorized under sec21 tion 658G, of which $100,000,000 shall be for activities

22 that improve the quality of infant and toddler care: Pro23 vided further, That $9,864,000 shall be for use by the Sec24 retary for child care research, demonstration, and evalua25 tion activities.
45

•HR 5006 EH

1 SOCIAL SERVICES BLOCK GRANT

2 For making grants to States pursuant to section

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

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

6 under such subparagraph for a State to carry out State

7 programs pursuant to title XX of such Act shall be 4.5

8 percent.

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 For carrying out, except as otherwise provided, the

11 Runaway and Homeless Youth Act, the Developmental

12 Disabilities Assistance and Bill of Rights Act, the Head

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

14 sections 310 and 316 of the Family Violence Prevention

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

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

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

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

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

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

24 103–322; for making payments under the Community

25 Services Block Grant Act, sections 439(h), 473A, and
46

•HR 5006 EH

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

2 Law 105–285, and for necessary administrative expenses

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

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

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

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

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

10 Public Law 100–485, $8,985,663,000, of which

11 $32,103,000, to remain available until September 30,

12 2006, shall be for grants to States for adoption incentive

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

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

15 made for adoptions completed before September 30, 2005:

16 Provided further, That $6,898,580,000 shall be for making

17 payments under the Head Start Act, of which

18 $1,400,000,000 shall become available October 1, 2005,

19 and remain available through September 30, 2006: Pro20 vided further, That $710,088,000 shall be for making pay21 ments under the Community Services Block Grant Act:

22 Provided further, That not less than $7,184,000 shall be

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

24 Grant Act, as amended: Provided further, That in addition

25 to amounts provided herein, $5,982,000 shall be available
47

•HR 5006 EH

1 from amounts available under section 241 of the Public

2 Health Service Act to carry out the provisions of section

3 1110 of the Social Security Act: Provided further, That

4 to the extent Community Services Block Grant funds are

5 distributed as grant funds by a State to an eligible entity

6 as provided under the Act, and have not been expended

7 by such entity, they shall remain with such entity for car8 ryover into the next fiscal year for expenditure by such

9 entity consistent with program purposes: Provided further,

10 That the Secretary shall establish procedures regarding

11 the disposition of intangible property which permits grant

12 funds, or intangible assets acquired with funds authorized

13 under section 680 of the Community Services Block Grant

14 Act, as amended, to become the sole property of such

15 grantees after a period of not more than 12 years after

16 the end of the grant for purposes and uses consistent with

17 the original grant: Provided further, That funds appro18 priated for section 680(a)(2) of the Community Services

19 Block Grant Act, as amended, shall be available for fi20 nancing construction and rehabilitation and loans or in21 vestments in private business enterprises owned by com22 munity development corporations: Provided further, That

23 $55,000,000 is for a compassion capital fund to provide

24 grants to charitable organizations to emulate model social

25 service programs and to encourage research on the best
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•HR 5006 EH

1 practices of social service organizations: Provided further,

2 That $15,000,000 shall be for activities authorized by the

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

4 shall be for payments to States to promote access for vot5 ers with disabilities, and of which $5,000,000 shall be for

6 payments to States for protection and advocacy systems

7 for voters with disabilities: Provided further, That

8 $105,046,000 is only for making competitive grants to

9 provide abstinence education (as defined by section

10 510(b)(2) of the Social Security Act) to adolescents, and

11 for Federal costs of administering the grant: Provided fur12 ther, That grants under the immediately preceding proviso

13 shall be made only to public and private entities which

14 agree that, with respect to an adolescent to whom the enti15 ties provide abstinence education under such grant, the

16 entities will not provide to that adolescent any other edu17 cation regarding sexual conduct, except that, in the case

18 of an entity expressly required by law to provide health

19 information or services the adolescent shall not be pre20 cluded from seeking health information or services from

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

22 abstinence education was provided: Provided further, That

23 within amounts provided herein for abstinence education

24 for adolescents, up to $10,000,000 may be available for

25 a national abstinence education campaign: Provided fur-
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•HR 5006 EH

1 ther, That in addition to amounts provided herein for ab2 stinence education for adolescents, $4,500,000 shall be

3 available from amounts available under section 241 of the

4 Public Health Services Act to carry out evaluations (in5 cluding longitudinal evaluations) of adolescent pregnancy

6 prevention approaches: Provided further, That $2,000,000

7 shall be for improving the Public Assistance Reporting In8 formation System, including grants to States to support

9 data collection for a study of the system’s effectiveness.

10 PROMOTING SAFE AND STABLE FAMILIES

11 For carrying out section 436 of the Social Security

12 Act, $305,000,000 and for section 437, $105,000,000.

13 PAYMENTS TO STATES FOR FOSTER CARE AND

14 ADOPTION ASSISTANCE

15 For making payments to States or other non-Federal

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

17 $5,037,900,000.

18 For making payments to States or other non-Federal

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

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

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

22 payments to States or other non-Federal entities under

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

24 current fiscal year for unanticipated costs, incurred for the

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

2 AGING SERVICES PROGRAMS

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

5 section 398 of the Public Health Service Act,

6 $1,403,479,000, of which $5,500,000 shall be available for

7 activities regarding medication management, screening,

8 and education to prevent incorrect medication and adverse

9 drug reactions; and of which $4,558,000 shall remain

10 available until September 30, 2007, for the White House

11 Conference on Aging.

12 OFFICE OF THE SECRETARY

13 GENERAL DEPARTMENTAL MANAGEMENT

14 For necessary expenses, not otherwise provided, for

15 general departmental management, including hire of six

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

17 of the Public Health Service Act, and the United States18 Mexico Border Health Commission Act, $380,298,000 (re19 duced by $5,000,000) (reduced by $26,000,000), together

20 with $5,851,000 to be transferred and expended as au21 thorized by section 201(g)(1) of the Social Security Act

22 from the Hospital Insurance Trust Fund and the Supple23 mental Medical Insurance Trust Fund: Provided, That of

24 the funds made available under this heading for carrying

25 out title XX of the Public Health Service Act,
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•HR 5006 EH

1 $13,120,000 shall be for activities specified under section

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

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

4 of the Social Security Act, as amended, without applica5 tion of the limitation of section 2010(c) of said title XX:

6 Provided further, That of this amount, $25,000,000 shall

7 be for advancing health care information technology na8 tionally, including demonstration project grants;

9 $52,838,000 shall be for minority AIDS prevention and

10 treatment activities; $14,847,000 shall be for an Informa11 tion Technology Security and Innovation Fund for De12 partment-wide activities involving cybersecurity, informa13 tion technology security, and related innovation projects;

14 and $5,000,000 shall be to assist Afghanistan in the devel15 opment of maternal and child health clinics, consistent

16 with section 103(a)(4)(H) of the Afghanistan Freedom

17 Support Act of 2002.

18 OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector

20 General, including the hire of passenger motor vehicles for

21 investigations, in carrying out the provisions of the Inspec22 tor General Act of 1978, as amended, $40,323,000: Pro23 vided, That of such amount, necessary sums are available

24 for providing protective services to the Secretary and in-
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•HR 5006 EH

1 vestigating non-payment of child support cases for which

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

3 OFFICE FOR CIVIL RIGHTS

4 For expenses necessary for the Office for Civil

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

6 $3,314,000 to be transferred and expended as authorized

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

8 Hospital Insurance Trust Fund and the Supplemental

9 Medical Insurance Trust Fund.

10 POLICY RESEARCH

11 For carrying out, to the extent not otherwise pro12 vided, research studies under section 1110 of the Social

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

14 $20,750,000, which shall be available from amounts avail15 able under section 241 of the Public Health Service Act

16 to carry out national health or human services research

17 and evaluation activities: Provided, That the expenditure

18 of any funds available under section 241 of the Public

19 Health Service Act is subject to the requirements of sec20 tion 206 of this Act.

21 RETIREMENT PAY AND MEDICAL BENEFITS FOR

22 COMMISSIONED OFFICERS

23 For retirement pay and medical benefits of Public

24 Health Service Commissioned Officers as authorized by

25 law, for payments under the Retired Serviceman’s Family

26 Protection Plan and Survivor Benefit Plan, for medical
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1 care of dependents and retired personnel under the De2 pendents’ Medical Care Act (10 U.S.C. ch. 55 and 56),

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

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

5 be required during the current fiscal year. The following

6 are definitions for the medical benefits of the Public

7 Health Service Commissioned Officers that apply to 10

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

9 for the monthly accrual payments into the Department of

10 Defense Medicare-Eligible Retiree Health Care Fund shall

11 be the Retirement Pay and Medical Benefits for Commis12 sioned Officers account. For purposes of this Act, the term

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

14 with retirement payments to United States Public Health

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

16 length of service; payments to survivors of deceased offi17 cers; medical care to active duty and retired members and

18 dependents and beneficiaries; and for payments to the So19 cial Security Administration for military service credits;

20 all of which payments are provided for by the Retirement

21 Pay and Medical Benefits for Commissioned Officers ac22 count.
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•HR 5006 EH

1 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

2 FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses necessary to support activities related

5 to countering potential biological, disease, nuclear, radio6 logical, and chemical threats to civilian populations,

7 $1,842,247,000: Provided, That this amount is distributed

8 as follows: Centers for Disease Control and Prevention,

9 $1,187,760,000; Office of the Secretary, $64,438,000;

10 National Institutes of Health, $47,400,000; and Health

11 Resources and Services Administration, $542,649,000:

12 Provided further, That employees of the Centers for Dis13 ease Control and Prevention or the Public Health Service,

14 both civilian and Commissioned Officers, detailed to

15 States, municipalities, or other organizations under au16 thority of section 214 of the Public Health Service Act

17 for purposes related to homeland security, shall be treated

18 as non-Federal employees for reporting purposes only and

19 shall not be included within any personnel ceiling applica20 ble to the Agency, Service, or the Department of Health

21 and Human Services during the period of detail or assign22 ment.

23 In addition, $450,000,000, to remain available until

24 expended, for the Strategic National Stockpile: Provided,

25 That subject to 31 U.S.C. 1531, there shall be transferred

26 to the Secretary of Health and Human Services the func-
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•HR 5006 EH

1 tions, assets, unexpended balances (including those from

2 appropriations authorized under section 121(3) of Public

3 Law 107–188 and prior authorities); and liabilities of the

4 Strategic National Stockpile, including the functions of

5 the Secretary of Homeland Security relating thereto: Pro6 vided further, That the stockpile shall be deployed as

7 deemed appropriate by the Secretary, or when requested

8 by the Secretary of Homeland Security.

9 In addition, for activities to ensure a year-round in10 fluenza vaccine production capacity and the development

11 and implementation of rapidly expandable influenza vac12 cine production technologies, $60,000,000, to remain

13 available until expended.

14 GENERAL PROVISIONS

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

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

17 and representation expenses when specifically approved by

18 the Secretary.

19 SEC. 202. The Secretary shall make available through

20 assignment not more than 60 employees of the Public

21 Health Service to assist in child survival activities and to

22 work in AIDS programs through and with funds provided

23 by the Agency for International Development, the United

24 Nations International Children’s Emergency Fund or the

25 World Health Organization.
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1 SEC. 203. None of the funds appropriated under this

2 Act may be used to implement section 399F(b) of the Pub3 lic Health Service Act or section 1503 of the National In4 stitutes of Health Revitalization Act of 1993, Public Law

5 103–43.

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

7 for the National Institutes of Health, the Agency for

8 Healthcare Research and Quality, and the Substance

9 Abuse and Mental Health Services Administration shall

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

11 or other extramural mechanism, at a rate in excess of Ex12 ecutive Level I.

13 SEC. 205. None of the funds appropriated in this title

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

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

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

17 II.

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

19 may be expended pursuant to section 241 of the Public

20 Health Service Act, except for funds specifically provided

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

22 by any office located in the Department of Health and

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

24 submission of a report to the Committee on Appropria-
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•HR 5006 EH

1 tions of the Senate and of the House detailing the planned

2 uses of such funds.

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

4 Public Health Service Act, such portion as the Secretary

5 shall determine, but not more than 2.3 percent, of any

6 amounts appropriated for programs authorized under said

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

8 or by grants or contracts) of the implementation and effec9 tiveness of such programs.

10 (TRANSFER OF FUNDS)

11 SEC. 208. Not to exceed 1 percent of any discre12 tionary funds (pursuant to the Balanced Budget and

13 Emergency Deficit Control Act of 1985, as amended)

14 which are appropriated for the current fiscal year for the

15 Department of Health and Human Services in this Act

16 may be transferred between appropriations, but no such

17 appropriation shall be increased by more than 3 percent

18 by any such transfer: Provided, That an appropriation

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

20 to approval by the House and Senate Committees on Ap21 propriations: Provided further, That the Appropriations

22 Committees of both Houses of Congress are notified at

23 least 15 days in advance of any transfer.

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

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

26 Research, may transfer up to 3 percent among institutes
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•HR 5006 EH

1 and centers from the total amounts identified by these two

2 Directors as funding for research pertaining to the human

3 immunodeficiency virus: Provided, That the Congress is

4 promptly notified of the transfer.

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

6 for the National Institutes of Health, the amount for re7 search related to the human immunodeficiency virus, as

8 jointly determined by the Director of the National Insti9 tutes of Health and the Director of the Office of AIDS

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

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

12 Research shall transfer from such account amounts nec13 essary to carry out section 2353(d)(3) of the Public

14 Health Service Act.

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

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

17 Public Health Service Act unless the applicant for the

18 award certifies to the Secretary that it encourages family

19 participation in the decision of minors to seek family plan20 ning services and that it provides counseling to minors on

21 how to resist attempts to coerce minors into engaging in

22 sexual activities.

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

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

25 used to carry out the Medicare+Choice program if the
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1 Secretary denies participation in such program to an oth2 erwise eligible entity (including a Provider Sponsored Or3 ganization) because the entity informs the Secretary that

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

5 referrals for abortions: Provided, That the Secretary shall

6 make appropriate prospective adjustments to the capita7 tion payment to such an entity (based on an actuarially

8 sound estimate of the expected costs of providing the serv9 ice to such entity’s enrollees): Provided further, That noth10 ing in this section shall be construed to change the Medi11 care program’s coverage for such services and a

12 Medicare+Choice organization described in this section

13 shall be responsible for informing enrollees where to obtain

14 information about all Medicare covered services.

15 SEC. 213. Notwithstanding any other provision of

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

17 Health Service Act shall be exempt from any State law

18 requiring notification or the reporting of child abuse, child

19 molestation, sexual abuse, rape, or incest.

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

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

22 to withhold substance abuse funding from a State pursu23 ant to section 1926 of the Public Health Service Act (42

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

25 of Health and Human Services by May 1, 2005 that the
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1 State will commit additional State funds, in accordance

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

3 prohibiting the sale of tobacco products to individuals

4 under 18 years of age.

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

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

7 State’s substance abuse block grant allocation for each

8 percentage point by which the State misses the retailer

9 compliance rate goal established by the Secretary of

10 Health and Human Services under section 1926 of such

11 Act.

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

13 fiscal year 2005 for tobacco prevention programs and for

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

15 level of such expenditures maintained by the State for fis16 cal year 2004, and adding to that level the additional

17 funds for tobacco compliance activities required under

18 subsection (a). The State is to submit a report to the Sec19 retary on all fiscal year 2004 State expenditures and all

20 fiscal year 2005 obligations for tobacco prevention and

21 compliance activities by program activity by July 31,

22 2005.

23 (d) The Secretary shall exercise discretion in enforc24 ing the timing of the State obligation of the additional
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1 funds required by the certification described in subsection

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

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

4 be used to withhold substance abuse funding pursuant to

5 section 1926 from a territory that receives less than

6 $1,000,000.

7 SEC. 215. In order for the Centers for Disease Con8 trol and Prevention to carry out international health ac9 tivities, including HIV/AIDS and other infectious disease,

10 chronic and environmental disease, and other health ac11 tivities abroad during fiscal year 2005, the Secretary of

12 Health and Human Services—

13 (1) may exercise authority equivalent to that

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

15 the State Department Basic Authorities Act of 1956

16 (22 U.S.C. 2669(c)). The Secretary of Health and

17 Human Services shall consult with the Secretary of

18 State and relevant Chief of Mission to ensure that

19 the authority provided in this section is exercised in

20 a manner consistent with section 207 of the Foreign

21 Service Act of 1980 (22 U.S.C. 3927) and other ap22 plicable statutes administered by the Department of

23 State, and

24 (2) is authorized to provide such funds by ad25 vance or reimbursement to the Secretary of State as
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1 may be necessary to pay the costs of acquisition,

2 lease, alteration, renovation, and management of fa3 cilities outside of the United States for the use of

4 the Department of Health and Human Services. The

5 Department of State shall cooperate fully with the

6 Secretary of Health and Human Services to ensure

7 that the Department of Health and Human Services

8 has secure, safe, functional facilities that comply

9 with applicable regulation governing location, set10 back, and other facilities requirements and serve the

11 purposes established by this Act. The Secretary of

12 Health and Human Services is authorized, in con13 sultation with the Secretary of State, through grant

14 or cooperative agreement, to make available to pub15 lic or nonprofit private institutions or agencies in

16 participating foreign countries, funds to acquire,

17 lease, alter, or renovate facilities in those countries

18 as necessary to conduct programs of assistance for

19 international health activities, including activities re20 lating to HIV/AIDS and other infectious diseases,

21 chronic and environmental diseases, and other health

22 activities abroad.

23 SEC. 216. The Division of Federal Occupational

24 Health may utilize personal services contracting to employ
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1 professional management/administrative and occupational

2 health professionals.

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

4 other provision of law, the Director of the National Insti5 tutes of Health may use funds available under section

6 402(i) of the Public Health Service Act (42 U.S.C. 282(i))

7 to enter into transactions (other than contracts, coopera8 tive agreements, or grants) to carry out research in sup9 port of the NIH Roadmap Initiative of the Director.

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

11 under subsection (a), the Director of the National Insti12 tutes of Health may utilize such peer review procedures

13 (including consultation with appropriate scientific experts)

14 as the Director determines to be appropriate to obtain as15 sessments of scientific and technical merit. Such proce16 dures shall apply to such transactions in lieu of the peer

17 review and advisory council review procedures that would

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

19 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of

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

21 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c).

22 SEC. 218. The unobligated balance of the funds ap23 propriated by section 1897(g) of the Social Security Act,

24 as added by section 1016 of the Medicare Prescription
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1 Drug, Improvement, and Modernization Act of 2003 (Pub2 lic Law 108–173), is rescinded.

3 SEC. 219. CMS PROGRAM MANAGEMENT AC4 COUNT.—The amount otherwise provided by this Act for

5 ‘‘Centers for Medicare and Medicaid Services—Program

6 Management’’ is hereby reduced by $155,000,000.

7 SEC. 220. The amount appropriated in this Act for

8 ‘‘Centers for Disease Control and Prevention—Disease

9 Control Research and Training’’ is hereby reduced by

10 $15,000,000, to be derived from the amounts made avail11 able for administrative and related information technology

12 expenses: Provided, That the Director of the Centers for

13 Disease Control and Prevention shall determine the alloca14 tion of the reduction among Agency activities, and shall

15 submit to the Committees on Appropriations a report

16 specifying the proposed allocation.

17 SEC. 221. (a) Notwithstanding section 412.23(b)(2)

18 of title 42 of the Code of Federal Regulations, none of

19 the funds appropriated by this Act may be expended by

20 the Secretary of Health and Human Services to treat a

21 hospital or unit of a hospital that was certified by the Sec22 retary as an inpatient rehabilitation facility on or before

23 June 30, 2004, as a subsection (d) hospital (as defined

24 in section 1886(d)(1)(B) of the Social Security Act (42

25 U.S.C. 1395ww(d)(1)(B))) until, not later than 60 days
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1 after the date on which the report under subsection (b)

2 is issued, the Secretary, taking into account the rec3 ommendations in such report—

4 (1) determines that the classification criteria of

5 hospitals and units of hospitals as inpatient rehabili6 tation facilities under such section 412.23(b)(2) are

7 not inconsistent with such recommendations; or

8 (2) promulgates a regulation providing for re9 vised criteria under such section 412.23(b)(2), which

10 regulation shall be effective and final immediately on

11 an interim basis as of the date of publication of the

12 regulation.

13 (b) The study referred to in subsection (a) is a study

14 by the Comptroller General of the United States directed

15 in the statement of managers accompanying the con16 ference report on the bill H.R. 1 of the 108th Congress

17 regarding clinically appropriate standards for defining in18 patient rehabilitation services under such section

19 412.23(b)(2).

20 (c) The aggregate amount appropriated under title

21 II for ‘‘Centers for Medicare and Medicaid Services—Pro22 gram Management’’ is hereby reduced by $3,500,000.

23 SEC. 222. None of the funds appropriated in this title

24 may be used to impede the exchange of information be25 tween the Office of the Actuary of the Centers for Medi-
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1 care & Medicaid Services and Congress, including its

2 members, committees, and staff.

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

4 and Human Services Appropriations Act, 2005’’.

5 TITLE III—DEPARTMENT OF EDUCATION

6 EDUCATION FOR THE DISADVANTAGED

7 For carrying out title I of the Elementary and Sec8 ondary Education Act of 1965 (‘‘ESEA’’) and section

9 418A of the Higher Education Act of 1965,

10 $15,535,735,000, of which $7,849,390,000 shall become

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

12 through September 30, 2006, and of which

13 $7,383,301,000 shall become available on October 1,

14 2005, and shall remain available through September 30,

15 2006, for academic year 2005–2006: Provided, That

16 $7,037,592,000 shall be available for basic grants under

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

18 these funds shall be available to the Secretary of Edu19 cation on October 1, 2004, to obtain annually updated

20 educational-agency-level census poverty data from the Bu21 reau of the Census: Provided further, That

22 $1,365,031,000 shall be available for concentration grants

23 under section 1124A: Provided further, That

24 $2,469,843,000 shall be available for targeted grants

25 under section 1125: Provided further, That
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1 $2,469,843,000 shall be available for education finance in2 centive grants under section 1125A: Provided further,

3 That $80,000,000 shall be available for comprehensive

4 school reform grants under part F of the ESEA.

5 IMPACT AID

6 For carrying out programs of financial assistance to

7 federally affected schools authorized by title VIII of the

8 Elementary and Secondary Education Act of 1965,

9 $1,250,893,000, of which $1,083,687,000 shall be for

10 basic support payments under section 8003(b),

11 $50,369,000 shall be for payments for children with dis12 abilities under section 8003(d), $45,936,000 shall be for

13 construction under section 8007 and shall remain avail14 able through September 30, 2006, $63,000,000 shall be

15 for Federal property payments under section 8002, and

16 $7,901,000, to remain available until expended, shall be

17 for facilities maintenance under section 8008: Provided,

18 That for purposes of computing the amount of a payment

19 for an eligible local educational agency under section

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

21 (20 U.S.C. 7703(a)) for school year 2004–2005, children

22 enrolled in a school of such agency that would otherwise

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

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

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

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

3 such children reside on Federal property as described in

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

5 section, shall be considered as eligible students under such

6 section, provided such students remain in average daily

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

9 SCHOOL IMPROVEMENT PROGRAMS

10 For carrying out school improvement activities au11 thorized by titles II, part B of title IV, subpart 6 of part

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

13 C of title VII of the Elementary and Secondary Education

14 Act of 1965 (‘‘ESEA’’); the McKinney-Vento Homeless

15 Assistance Act; section 203 of the Educational Technical

16 Assistance Act of 2002; the Civil Rights Act of 1964; and

17 section 105(f)(1)(B)(iii) of the Compact of Free Associa18 tion Amendments Act of 2003 (Public Law 108–188),

19 $5,641,401,000, of which $4,031,016,000 shall become

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

21 September 30, 2006, and of which $1,435,000,000 shall

22 become available on October 1, 2005, and shall remain

23 available through September 30, 2006, for academic year

24 2005–2006: Provided, That $410,000,000 shall be for

25 subpart 1 of part A of title VI of the ESEA: Provided
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1 further, That $68,394,000 shall be available to carry out

2 part D of title V of the ESEA and section 203 of the

3 Educational Technical Assistance Act of 2002: Provided

4 further, That $12,230,000 shall be available to carry out

5 the Supplemental Education Grants program for the Fed6 erated States of Micronesia, and $6,100,000 shall be avail7 able to carry out the Supplemental Education Grants pro8 gram for the Republic of the Marshall Islands: Provided

9 further, That up to five percent of these amounts may be

10 reserved by the Federated States of Micronesia and the

11 Republic of the Marshall Islands to administer the Supple12 mental Education Grants programs and to obtain tech13 nical assistance, oversight and consultancy services in the

14 administration of these grants and to reimburse the U.S.

15 Departments of Labor, Health and Human Services, and

16 Education for such services: Provided further, That the

17 amount made available in the Department of Education

18 Appropriations Act, 2004, under the heading School Im19 provement Programs and including any funds transferred

20 by the Secretary of Education pursuant to section 304 of

21 that Act for state assessment grants authorized under sec22 tion 6111 of the Elementary and Secondary Education

23 Act of 1965, shall not be less than $390,000,000: Provided

24 further, That, notwithstanding any other provision of law,

25 including any across-the-board reduction that would other-
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1 wise apply, the funds made available for fiscal year 2005

2 under the heading School Improvement Programs for

3 state assessment grants under section 6111 of the Ele4 mentary and Secondary Education Act of 1965 shall not

5 be less than $400,000,000: Provided further, That, of the

6 funds made available under this heading, $3,000,000 is

7 for carrying out subpart 21 of part D of title V of the

8 Elementary and Secondary Education Act of 1965 (com9 monly referred to as the Women’s Educational Equity Act

10 of 2001; 20 U.S.C. 7283 et seq.).

11 INDIAN EDUCATION

12 For expenses necessary to carry out, to the extent

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

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

15 INNOVATION AND IMPROVEMENT

16 For carrying out activities authorized by part G of

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

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

19 Elementary and Secondary Education Act of 1965

20 (‘‘ESEA’’), $669,936,000: Provided, That $18,391,000

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

22 ESEA, of which not less than $10,000,000 shall be pro23 vided to the National Board for Professional Teaching

24 Standards, not less than $7,000,000 shall be provided to

25 the American Board for the Certification of Teacher Ex-
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1 cellence, and up to $1,391,000 may be reserved by the

2 Secretary to conduct an evaluation of activities authorized

3 by such section: Provided further, That $50,000,000 shall

4 be for subpart 2 of part B of title V: Provided further,

5 That $100,000,000 shall be available to carry out part D

6 of title V of the ESEA.

7 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

8 For carrying out activities authorized by subpart 3

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

10 3 and 10 of part D of title V of the Elementary and Sec11 ondary Education Act of 1965 (‘‘ESEA’’), $801,369,000,

12 of which $440,908,000 shall become available on July 1,

13 2005 and remain available through September 30, 2006:

14 Provided, That $440,908,000 shall be available for sub15 part 1 of part A of title IV and $203,472,000 shall be

16 available for subpart 2 of part A of title IV: Provided fur17 ther, That $128,347,000 shall be available to carry out

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

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

20 title II, up to $11,852,000 may be used to carry out sec21 tion 2345.

22 ENGLISH LANGUAGE ACQUISITION

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

24 $681,215,000, of which $595,715,000 shall become avail25 able on July 1, 2005, and shall remain available through
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1 September 30, 2006: Provided, That funds reserved under

2 section 3111(c)(1)(D) of the ESEA that are not used in

3 accordance with section 3111(c)(2) may be added to the

4 funds that are available July 1, 2005, through September

5 30, 2006, for State allotments under section 3111(c)(3).

6 SPECIAL EDUCATION

7 For carrying out parts B, C, and D of the Individuals

8 with Disabilities Education Act, $12,176,101,000, of

9 which $6,560,447,000 shall become available for obliga10 tion on July 1, 2005, and shall remain available through

11 September 30, 2006, and of which $5,413,000,000 shall

12 become available on October 1, 2005, and shall remain

13 available through September 30, 2006, for academic year

14 2005–2006: Provided, That $11,400,000 shall be for Re15 cording for the Blind and Dyslexic, Inc. to support the

16 development, production, and circulation of recorded edu17 cational materials: Provided further, That the amount for

18 section 611(c) of the Act shall be equal to the amount

19 available for that section during fiscal year 2004, in20 creased by the amount of inflation as specified in section

21 611(f)(1)(B)(ii) of the Act.

22 REHABILITATION SERVICES AND DISABILITY RESEARCH

23 For carrying out, to the extent not otherwise pro24 vided, the Rehabilitation Act of 1973, the Assistive Tech25 nology Act of 1998 (‘‘the AT Act’’), and the Helen Keller
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1 National Center Act, $3,054,587,000, of which

2 $15,000,000 shall be for grants to States under title III

3 of the AT Act: Provided, That the Federal share of such

4 grants shall not exceed 75 percent, and the requirements

5 in sections 301(c)(2) and section 302 of the AT Act shall

6 not apply to such grants.

7 SPECIAL INSTITUTIONS FOR PERSONS WITH

8 DISABILITIES

9 AMERICAN PRINTING HOUSE FOR THE BLIND

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

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

12 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

13 For the National Technical Institute for the Deaf

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

15 of 1986 (20 U.S.C. 4301 et seq.), $55,790,000, of which

16 $1,685,000 shall be for construction and shall remain

17 available until expended: Provided, That from the total

18 amount available, the Institute may at its discretion use

19 funds for the endowment program as authorized under

20 section 207.

21 GALLAUDET UNIVERSITY

22 For the Kendall Demonstration Elementary School,

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

24 support of Gallaudet University under titles I and II of

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

26 et seq.), $104,000,000: Provided, That from the total
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1 amount available, the University may at its discretion use

2 funds for the endowment program as authorized under

3 section 207.

4 VOCATIONAL AND ADULT EDUCATION

5 For carrying out, to the extent not otherwise pro6 vided, the Carl D. Perkins Vocational and Technical Edu7 cation Act of 1998, the Adult Education and Family Lit8 eracy Act, and subpart 4 of part D of title V of the Ele9 mentary and Secondary Education Act of 1965

10 (‘‘ESEA’’), $2,025,456,000, of which $1,234,456,000

11 shall become available on July 1, 2005, and shall remain

12 available through September 30, 2006, and of which

13 $791,000,000 shall become available on October 1, 2005,

14 and shall remain available through September 30, 2006:

15 Provided, That of the amount provided for Adult Edu16 cation State Grants, $69,135,000 shall be made available

17 for integrated English literacy and civics education serv18 ices to immigrants and other limited English proficient

19 populations: Provided further, That of the amount re20 served for integrated English literacy and civics education,

21 notwithstanding section 211 of the Adult Education and

22 Family Literacy Act, 65 percent shall be allocated to

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

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

25 Immigration and Naturalization Service data for immi-
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1 grants admitted for legal permanent residence for the 10

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

3 experienced growth as measured by the average of the 3

4 most recent years for which Immigration and Naturaliza5 tion Service data for immigrants admitted for legal perma6 nent residence are available, except that no State shall be

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

8 That of the amounts made available for the Adult Edu9 cation and Family Literacy Act, $9,169,000 shall be for

10 national leadership activities under section 243 and

11 $6,692,000 shall be for the National Institute for Literacy

12 under section 242: Provided further, That $101,698,000

13 shall be available to support the activities authorized

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

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

16 percent shall become available October 1, 2004, and shall

17 remain available through September 30, 2006, for evalua18 tion, technical assistance, school networking, peer review

19 of applications, and program outreach activities, and of

20 which not less than 95 percent shall become available on

21 July 1, 2005, and remain available through September 30,

22 2006, for grants to local educational agencies: Provided

23 further, That funds made available to local education agen24 cies under this subpart shall be used only for activities
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1 related to establishing smaller learning communities in

2 high schools.

3 STUDENT FINANCIAL ASSISTANCE

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

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

6 1965, as amended, $14,755,794,000, which shall remain

7 available through September 30, 2006.

8 The maximum Pell Grant for which a student shall

9 be eligible during award year 2005–2006 shall be $4,050.

10 STUDENT AID ADMINISTRATION

11 For Federal administrative expenses (in addition to

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

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

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

15 of 1965, as amended, $120,247,000.

16 HIGHER EDUCATION

17 For carrying out, to the extent not otherwise pro18 vided, section 121 and titles II, III, IV, V, VI, and VII

19 of the Higher Education Act of 1965 (‘‘HEA’’), as amend20 ed, section 1543 of the Higher Education Amendments

21 of 1992, the Mutual Educational and Cultural Exchange

22 Act of 1961, and section 117 of the Carl D. Perkins Voca23 tional and Technical Education Act, $1,976,056,000, of

24 which $1,500,000 for interest subsidies authorized by sec25 tion 121 of the HEA shall remain available until ex-
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1 pended: Provided, That $9,876,000, to remain available

2 through September 30, 2006, shall be available to fund

3 fellowships for academic year 2006–2007 under part A,

4 subpart 1 of title VII of said Act, under the terms and

5 conditions of part A, subpart 1: Provided further, That

6 $988,000 is for data collection and evaluation activities

7 for programs under the HEA, including such activities

8 needed to comply with the Government Performance and

9 Results Act of 1993: Provided further, That notwith10 standing any other provision of law, funds made available

11 in this Act to carry out title VI of the HEA and section

12 102(b)(6) of the Mutual Educational and Cultural Ex13 change Act of 1961 may be used to support visits and

14 study in foreign countries by individuals who are partici15 pating in advanced foreign language training and inter16 national studies in areas that are vital to United States

17 national security and who plan to apply their language

18 skills and knowledge of these countries in the fields of gov19 ernment, the professions, or international development:

20 Provided further, That up to one percent of the funds re21 ferred to in the preceding proviso may be used for pro22 gram evaluation, national outreach, and information dis23 semination activities.
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1 HOWARD UNIVERSITY

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

3 121 et seq.), $243,893,000, of which not less than

4 $3,552,000 shall be for a matching endowment grant pur5 suant to the Howard University Endowment Act (Public

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

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM

9 For Federal administrative expenses authorized

10 under section 121 of the Higher Education Act of 1965,

11 $578,000 to carry out activities related to existing facility

12 loans entered into under the Higher Education Act of

13 1965.

14 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

15 CAPITAL FINANCING PROGRAM ACCOUNT

16 The aggregate principal amount of outstanding bonds

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

18 Higher Education Act of 1965, shall not exceed

19 $357,000,000, and the cost, as defined in section 502 of

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

21 not exceed zero.

22 For administrative expenses to carry out the Histori23 cally Black College and University Capital Financing Pro24 gram entered into pursuant to title III, part D of the

25 Higher Education Act of 1965, as amended, $212,000.
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1 INSTITUTE OF EDUCATION SCIENCES

2 For carrying out activities authorized by Public Law

3 107–279 and section 672 of the Individuals with Disabil4 ities Education Act, $526,804,000: Provided, That, of the

5 amount appropriated, $195,518,000 shall be available for

6 obligation through September 30, 2006.

7 DEPARTMENTAL MANAGEMENT

8 PROGRAM ADMINISTRATION

9 For carrying out, to the extent not otherwise pro10 vided, the Department of Education Organization Act, in11 cluding rental of conference rooms in the District of Co12 lumbia and hire of three passenger motor vehicles,

13 $421,055,000.

14 OFFICE FOR CIVIL RIGHTS

15 For expenses necessary for the Office for Civil

16 Rights, as authorized by section 203 of the Department

17 of Education Organization Act, $90,248,000.

18 OFFICE OF THE INSPECTOR GENERAL

19 For expenses necessary for the Office of the Inspector

20 General, as authorized by section 212 of the Department

21 of Education Organization Act, $47,790,000.

22 GENERAL PROVISIONS

23 SEC. 301. No funds appropriated in this Act may be

24 used for the transportation of students or teachers (or for

25 the purchase of equipment for such transportation) in
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1 order to overcome racial imbalance in any school or school

2 system, or for the transportation of students or teachers

3 (or for the purchase of equipment for such transportation)

4 in order to carry out a plan of racial desegregation of any

5 school or school system.

6 SEC. 302. None of the funds contained in this Act

7 shall be used to require, directly or indirectly, the trans8 portation of any student to a school other than the school

9 which is nearest the student’s home, except for a student

10 requiring special education, to the school offering such

11 special education, in order to comply with title VI of the

12 Civil Rights Act of 1964. For the purpose of this section

13 an indirect requirement of transportation of students in14 cludes the transportation of students to carry out a plan

15 involving the reorganization of the grade structure of

16 schools, the pairing of schools, or the clustering of schools,

17 or any combination of grade restructuring, pairing or clus18 tering. The prohibition described in this section does not

19 include the establishment of magnet schools.

20 SEC. 303. No funds appropriated under this Act may

21 be used to prevent the implementation of programs of vol22 untary prayer and meditation in the public schools.

23 (TRANSFER OF FUNDS)

24 SEC. 304. Not to exceed 1 percent of any discre25 tionary funds (pursuant to the Balanced Budget and

26 Emergency Deficit Control Act of 1985, as amended)
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1 which are appropriated for the Department of Education

2 in this Act may be transferred between appropriations, but

3 no such appropriation shall be increased by more than 3

4 percent by any such transfer: Provided, That the Appro5 priations Committees of both Houses of Congress are noti6 fied at least 15 days in advance of any transfer.

7 SEC. 305. Section 8002(m) of the Elementary and

8 Secondary Education Act of 1965 (20 U.S.C. 7702(m))

9 is amended by striking ‘‘5 years’’ each place it appears

10 and inserting ‘‘7 years’’.

11 SEC. 306. None of the funds appropriated by this Act

12 shall be available to the Secretary of Education—

13 (1) to enforce any change or clarification of De14 partment of Education policy with respect to the

15 Federal Family Education Loan Program Consolida16 tion loans for borrowers with both FFEL and non17 FFEL loans, as provided for in a dear colleague let18 ter of the Secretary’s dated April 29, 2004; or

19 (2) to issue letters regarding loan verification

20 certificates to providers of Federal Family Edu21 cation Loan requesting information regarding Wil22 liam D. Ford Direct Student Loans, including Di23 rect Stafford, PLUS, and Consolidation Loans, that

24 state either of the following:
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1 (A) We cannot approve the certification

2 form (s). The borrower has Direct Loans.

3 (B) We cannot approve the certification

4 form (s). The borrower has a Direct Consolida5 tion Loan and has no other loans.

6 SEC. 307. For ‘‘SCHOOL IMPROVEMENT PROGRAMS’’

7 for innovative programs, as authorized by part A of title

8 V of the Elementary and Secondary Education Act of

9 1965 (20 U.S.C. 7201 et seq.), and the amount otherwise

10 provided by this Act for ‘‘EDUCATION FOR THE DIS11 ADVANTAGED’’ is hereby reduced by, $20,000,000.

12 This title may be cited as the ‘‘Department of Edu13 cation Appropriations Act, 2005’’.

14 TITLE IV—RELATED AGENCIES

15 ARMED FORCES RETIREMENT HOME

16 For expenses necessary for the Armed Forces Retire17 ment Home to operate and maintain the Armed Forces

18 Retirement Home—Washington and the Armed Forces

19 Retirement Home—Gulfport, to be paid from funds avail20 able in the Armed Forces Retirement Home Trust Fund,

21 $61,195,000, of which $4,000,000 shall remain available

22 until expended for construction and renovation of the

23 physical plants at the Armed Forces Retirement Home—

24 Washington and the Armed Forces Retirement Home—

25 Gulfport.
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1 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

2 BLIND OR SEVERELY DISABLED

3 For expenses necessary of the Committee for Pur4 chase From People Who Are Blind or Severely Disabled

5 established by Public Law 92–28, $4,672,000.

6 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

7 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

8 EXPENSES

9 For expenses necessary for the Corporation for Na10 tional and Community Service to carry out the provisions

11 of the Domestic Volunteer Service Act of 1973, as amend12 ed, $353,197,000: Provided, That none of the funds made

13 available to the Corporation for National and Community

14 Service in this Act for activities authorized by section 122

15 of part C of title I and part E of title II of the Domestic

16 Volunteer Service Act of 1973 shall be used to provide

17 stipends or other monetary incentives to volunteers or vol18 unteer leaders whose incomes exceed 125 percent of the

19 national poverty level.

20 CORPORATION FOR PUBLIC BROADCASTING

21 For payment to the Corporation for Public Broad22 casting, as authorized by the Communications Act of

23 1934, an amount which shall be available within limita24 tions specified by that Act, for the fiscal year 2007,

25 $400,000,000: Provided, That no funds made available to
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1 the Corporation for Public Broadcasting by this Act shall

2 be used to pay for receptions, parties, or similar forms

3 of entertainment for Government officials or employees:

4 Provided further, That none of the funds contained in this

5 paragraph shall be available or used to aid or support any

6 program or activity from which any person is excluded,

7 or is denied benefits, or is discriminated against, on the

8 basis of race, color, national origin, religion, or sex.

9 Of the amounts made available to the Corporation for

10 Public Broadcasting for fiscal year 2005 by Public Law

11 108–7, up to $20,000,000 is available for grants associ12 ated with the transition of public broadcasting to digital

13 broadcasting, including costs related to transmission

14 equipment and program production, development, and dis15 tribution, to be awarded as determined by the Corporation

16 in consultation with public radio and television licensees

17 or permittees, or their designated representatives; and up

18 to $60,000,000 is available pursuant to section 396(k)(10)

19 of the Communications Act of 1934, as amended, for re20 placement and upgrade of the public television inter21 connection system: Provided, That section 396(k)(3) shall

22 apply only to amounts remaining after allocations made

23 herein.
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1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation

4 and Conciliation Service to carry out the functions vested

5 in it by the Labor Management Relations Act, 1947 (29

6 U.S.C. 171–180, 182–183), including hire of passenger

7 motor vehicles; for expenses necessary for the Labor-Man8 agement Cooperation Act of 1978 (29 U.S.C. 175a); and

9 for expenses necessary for the Service to carry out the

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

11 Public Law 95–454 (5 U.S.C. ch. 71), $43,964,000, in12 cluding $1,500,000, to remain available through Sep13 tember 30, 2006, for activities authorized by the Labor14 Management Cooperation Act of 1978 (29 U.S.C. 175a):

15 Provided, That notwithstanding 31 U.S.C. 3302, fees

16 charged, up to full-cost recovery, for special training ac17 tivities and other conflict resolution services and technical

18 assistance, including those provided to foreign govern19 ments and international organizations, and for arbitration

20 services shall be credited to and merged with this account,

21 and shall remain available until expended: Provided fur22 ther, That fees for arbitration services shall be available

23 only for education, training, and professional development

24 of the agency workforce: Provided further, That the Direc25 tor of the Service is authorized to accept and use on behalf
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1 of the United States gifts of services and real, personal,

2 or other property in the aid of any projects or functions

3 within the Director’s jurisdiction.

4 FEDERAL MINE SAFETY AND HEALTH REVIEW

5 COMMISSION

6 SALARIES AND EXPENSES

7 For expenses necessary for the Federal Mine Safety

8 and Health Review Commission (30 U.S.C. 801 et seq.),

9 $7,813,000.

10 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

11 For carrying out the Museum and Library Services

12 Act of 1996, $261,743,000, to remain available until ex13 pended.

14 MEDICARE PAYMENT ADVISORY COMMISSION

15 SALARIES AND EXPENSES

16 For expenses necessary to carry out section 1805 of

17 the Social Security Act, $9,905,000, to be transferred to

18 this appropriation from the Federal Hospital Insurance

19 and the Federal Supplementary Medical Insurance Trust

20 Funds.

21 NATIONAL COMMISSION ON LIBRARIES AND

22 INFORMATION SCIENCE

23 SALARIES AND EXPENSES

24 For necessary expenses for the National Commission

25 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 $1,000,000.

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, $2,873,000.

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, $248,785,000: 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 $102,202,000, 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 $6,561,000, to be derived from
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1 the railroad retirement accounts and railroad unemploy2 ment insurance account: Provided, That none of the funds

3 made available in any other paragraph of this Act may

4 be transferred to the Office; used to carry out any such

5 transfer; used to provide any office space, equipment, of6 fice supplies, communications facilities or services, mainte7 nance services, or administrative services for the Office;

8 used to pay any salary, benefit, or award for any personnel

9 of the Office; used to pay any other operating expense of

10 the Office; or used to reimburse the Office for any service

11 provided, or expense incurred, by the Office.

12 SOCIAL SECURITY ADMINISTRATION

13 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

14 For payment to the Federal Old-Age and Survivors

15 Insurance and the Federal Disability Insurance trust

16 funds, as provided under sections 201(m), 228(g), and

17 1131(b)(2) of the Social Security Act, $20,454,000.

18 SUPPLEMENTAL SECURITY INCOME PROGRAM

19 For carrying out titles XI and XVI of the Social Se20 curity Act, section 401 of Public Law 92–603, section 212

21 of Public Law 93–66, as amended, and section 405 of

22 Public Law 95–216, including payment to the Social Secu23 rity trust funds for administrative expenses incurred pur24 suant to section 201(g)(1) of the Social Security Act,

25 $28,578,829,000, to remain available until expended: Pro26 vided, That any portion of the funds provided to a State
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1 in the current fiscal year and not obligated by the State

2 during that year shall be returned to the Treasury.

3 For making, after June 15 of the current fiscal year,

4 benefit payments to individuals under title XVI of the So5 cial Security Act, for unanticipated costs incurred for the

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

7 For making benefit payments under title XVI of the

8 Social Security Act for the first quarter of fiscal year

9 2006, $10,930,000,000, to remain available until ex10 pended.

11 LIMITATION ON ADMINISTRATIVE EXPENSES

12 For necessary expenses, including the hire of two pas13 senger motor vehicles, and not to exceed $15,000 for offi14 cial reception and representation expenses, not more than

15 $8,674,100,000 may be expended, as authorized by sec16 tion 201(g)(1) of the Social Security Act, from any one

17 or all of the trust funds referred to therein: Provided, That

18 not less than $2,000,000 shall be for the Social Security

19 Advisory Board: Provided further, That unobligated

20 balances of funds provided under this paragraph at the

21 end of fiscal year 2005 not needed for fiscal year 2005

22 shall remain available until expended to invest in the So23 cial Security Administration information technology and

24 telecommunications hardware and software infrastructure,

25 including related equipment and non-payroll administra26 tive expenses associated solely with this information tech-
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1 nology and telecommunications infrastructure: Provided

2 further, That reimbursement to the trust funds under this

3 heading for expenditures for official time for employees

4 of the Social Security Administration pursuant to section

5 7131 of title 5, United States Code, and for facilities or

6 support services for labor organizations pursuant to poli7 cies, regulations, or procedures referred to in section

8 7135(b) of such title shall be made by the Secretary of

9 the Treasury, with interest, from amounts in the general

10 fund not otherwise appropriated, as soon as possible after

11 such expenditures are made.

12 In addition, $124,000,000 to be derived from admin13 istration fees in excess of $5.00 per supplementary pay14 ment collected pursuant to section 1616(d) of the Social

15 Security Act or section 212(b)(3) of Public Law 93–66,

16 which shall remain available until expended. To the extent

17 that the amounts collected pursuant to such section

18 1616(d) or 212(b)(3) in fiscal year 2005 exceed

19 $124,000,000, the amounts shall be available in fiscal year

20 2006 only to the extent provided in advance in appropria21 tions Acts.

22 From funds previously appropriated for Federal23 State partnerships, any unobligated balances at the end

24 of fiscal year 2004 shall be transferred to the Supple25 mental Security Income Program and remain available
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1 until expended to promote Medicare buy-in programs tar2 geted to elderly and disabled individuals under titles

3 XVIII and XIX of the Social Security Act.

4 OFFICE OF INSPECTOR GENERAL

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses necessary for the Office of Inspector

7 General in carrying out the provisions of the Inspector

8 General Act of 1978, as amended, $25,748,000, together

9 with not to exceed $65,359,000, to be transferred and ex10 pended as authorized by section 201(g)(1) of the Social

11 Security Act from the Federal Old-Age and Survivors In12 surance Trust Fund and the Federal Disability Insurance

13 Trust Fund.

14 In addition, an amount not to exceed 3 percent of

15 the total provided in this appropriation may be transferred

16 from the ‘‘Limitation on Administrative Expenses’’, Social

17 Security Administration, to be merged with this account,

18 to be available for the time and purposes for which this

19 account is available: Provided, That notice of such trans20 fers shall be transmitted promptly to the Committees on

21 Appropriations of the House and Senate.

22 TITLE V—GENERAL PROVISIONS

23 SEC. 501. The Secretaries of Labor, Health and

24 Human Services, and Education are authorized to transfer

25 unexpended balances of prior appropriations to accounts

26 corresponding to current appropriations provided in this
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1 Act: Provided, That such transferred balances are used for

2 the same purpose, and for the same periods of time, for

3 which they were originally appropriated.

4 SEC. 502. No part of any appropriation contained in

5 this Act shall remain available for obligation beyond the

6 current fiscal year unless expressly so provided herein.

7 SEC. 503. (a) No part of any appropriation contained

8 in this Act shall be used, other than for normal and recog9 nized executive-legislative relationships, for publicity or

10 propaganda purposes, for the preparation, distribution, or

11 use of any kit, pamphlet, booklet, publication, radio, tele12 vision, or video presentation designed to support or defeat

13 legislation pending before the Congress or any State legis14 lature, except in presentation to the Congress or any State

15 legislature itself.

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

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

18 grant or contract recipient, or agent acting for such recipi19 ent, related to any activity designed to influence legislation

20 or appropriations pending before the Congress or any

21 State legislature.

22 SEC. 504. The Secretaries of Labor and Education

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

24 and $20,000, respectively, from funds available for sala25 ries and expenses under titles I and III, respectively, for
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1 official reception and representation expenses; the Direc2 tor of the Federal Mediation and Conciliation Service is

3 authorized to make available for official reception and rep4 resentation expenses not to exceed $5,000 from the funds

5 available for ‘‘Salaries and expenses, Federal Mediation

6 and Conciliation Service’’; and the Chairman of the Na7 tional Mediation Board is authorized to make available for

8 official reception and representation expenses not to ex9 ceed $5,000 from funds available for ‘‘Salaries and ex10 penses, National Mediation Board’’.

11 SEC. 505. Notwithstanding any other provision of

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

13 used to carry out any program of distributing sterile nee14 dles or syringes for the hypodermic injection of any illegal

15 drug.

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

17 requests for proposals, bid solicitations and other docu18 ments describing projects or programs funded in whole or

19 in part with Federal money, all grantees receiving Federal

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

21 State and local governments and recipients of Federal re22 search grants, shall clearly state—

23 (1) the percentage of the total costs of the pro24 gram or project which will be financed with Federal

25 money;
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1 (2) the dollar amount of Federal funds for the

2 project or program; and

3 (3) percentage and dollar amount of the total

4 costs of the project or program that will be financed

5 by non-governmental sources.

6 SEC. 507. (a) None of the funds appropriated under

7 this Act, and none of the funds in any trust fund to which

8 funds are appropriated under this Act, shall be expended

9 for any abortion.

10 (b) None of the funds appropriated under this Act,

11 and none of the funds in any trust fund to which funds

12 are appropriated under this Act, shall be expended for

13 health benefits coverage that includes coverage of abor14 tion.

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

16 package of services covered by a managed care provider

17 or organization pursuant to a contract or other arrange18 ment.

19 SEC. 508. (a) The limitations established in the pre20 ceding section shall not apply to an abortion—

21 (1) if the pregnancy is the result of an act of

22 rape or incest; or

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

24 physical disorder, physical injury, or physical illness,

25 including a life-endangering physical condition
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1 caused by or arising from the pregnancy itself, that

2 would, as certified by a physician, place the woman

3 in danger of death unless an abortion is performed.

4 (b) Nothing in the preceding section shall be con5 strued as prohibiting the expenditure by a State, locality,

6 entity, or private person of State, local, or private funds

7 (other than a State’s or locality’s contribution of Medicaid

8 matching funds).

9 (c) Nothing in the preceding section shall be con10 strued as restricting the ability of any managed care pro11 vider from offering abortion coverage or the ability of a

12 State or locality to contract separately with such a pro13 vider for such coverage with State funds (other than a

14 State’s or locality’s contribution of Medicaid matching

15 funds).

16 (d)(1) None of the funds made available in this Act

17 may be made available to a Federal agency or program,

18 or to a State or local government, if such agency, program,

19 or government subjects any institutional or individual

20 health care entity to discrimination on the basis that the

21 health care entity does not provide, pay for, provide cov22 erage of, or refer for abortions.

23 (2) In this subsection, the term ‘‘health care entity’’

24 includes an individual physician or other health care pro25 fessional, a hospital, a provider-sponsored organization, a
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1 health maintenance organization, a health insurance plan,

2 or any other kind of health care facility, organization, or

3 plan.

4 SEC. 509. (a) None of the funds made available in

5 this Act may be used for—

6 (1) the creation of a human embryo or embryos

7 for research purposes; or

8 (2) research in which a human embryo or em9 bryos are destroyed, discarded, or knowingly sub10 jected to risk of injury or death greater than that

11 allowed for research on fetuses in utero under 45

12 CFR 46.208(a)(2) and section 498(b) of the Public

13 Health Service Act (42 U.S.C. 289g(b)).

14 (b) For purposes of this section, the term ‘‘human

15 embryo or embryos’’ includes any organism, not protected

16 as a human subject under 45 CFR 46 as of the date of

17 the enactment of this Act, that is derived by fertilization,

18 parthenogenesis, cloning, or any other means from one or

19 more human gametes or human diploid cells.

20 SEC. 510. (a) None of the funds made available in

21 this Act may be used for any activity that promotes the

22 legalization of any drug or other substance included in

23 schedule I of the schedules of controlled substances estab24 lished by section 202 of the Controlled Substances Act (21

25 U.S.C. 812).
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1 (b) The limitation in subsection (a) shall not apply

2 when there is significant medical evidence of a therapeutic

3 advantage to the use of such drug or other substance or

4 that federally sponsored clinical trials are being conducted

5 to determine therapeutic advantage.

6 SEC. 511. None of the funds made available in this

7 Act may be obligated or expended to enter into or renew

8 a contract with an entity if—

9 (1) such entity is otherwise a contractor with

10 the United States and is subject to the requirement

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

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

14 veterans; and

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

16 required by that section for the most recent year for

17 which such requirement was applicable to such enti18 ty.

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

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

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

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

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

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

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

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

9 Act to carry out the Library Services and Technology Act

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

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

14 required by paragraph (4) of such section.

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

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

17 Secondary Education Act of 1965 may be made available

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

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

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

2 may be used to enter into an arrangement under section

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

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

5 to serve as disbursing agent for benefits payable under

6 the Railroad Retirement Act of 1974.

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

8 Act, or provided under previous appropriations Acts to the

9 agencies funded by this Act that remain available for obli10 gation or expenditure in fiscal year 2005, or provided from

11 any accounts in the Treasury of the United States derived

12 by the collection of fees available to the agencies funded

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

14 through a reprogramming of funds that—

15 (1) creates new programs;

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

17 (3) increases funds or personnel by any means

18 for any project or activity for which funds have been

19 denied or restricted;

20 (4) relocates an office or employees;

21 (5) reorganizes or renames offices;

22 (6) reorganizes programs or activities; or

23 (7) contracts out or privatizes any functions or

24 activities presently performed by Federal employees;

25 unless the Appropriations Committees of both
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1 Houses of Congress are notified 15 days in advance

2 of such reprogramming of funds.

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

4 provided under previous appropriations Acts to the agen5 cies funded by this Act that remain available for obligation

6 or expenditure in fiscal year 2005, or provided from any

7 accounts in the Treasury of the United States derived by

8 the collection of fees available to the agencies funded by

9 this Act, shall be available for obligation or expenditure

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

11 or 10 percent, whichever is less, that—

12 (1) augments existing programs, projects (in13 cluding construction projects), or activities;

14 (2) reduces by 10 percent funding for any exist15 ing program, project, or activity, or numbers of per16 sonnel by 10 percent as approved by Congress; or

17 (3) results from any general savings from a re18 duction in personnel which would result in a change

19 in existing programs, activities, or projects as ap20 proved by Congress; unless the Appropriations Com21 mittees of both Houses of Congress are notified 15

22 days in advance of such reprogramming of funds.

23 SEC. 518. None of the funds appropriated by this Act

24 may be used by the Pension Benefit Guaranty Corporation
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1 to enforce section 4010(c) of the Employee Retirement In2 come Security Act of 1974.

3 SEC. 519. None of the funds made available in this

4 Act may be used to send or otherwise pay for the attend5 ance of more than 50 Federal employees from that agency

6 at any single conference occurring outside the United

7 States.

8 SEC. 520. None of the funds made available in this

9 Act for the National Institute of Mental Health may be

10 used to fund grant numbers MH054142 and MH064527.

11 SEC. 521. None of the funds provided in this Act may

12 be used by the Department of Labor to implement or ad13 minister any change to regulations regarding overtime

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

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

16 those changes in the Department of Labor’s final regula17 tion published in the Federal Register on April 23, 2004

18 at section 541.600 of such title 29.

19 SEC. 522. None of the funds appropriated under this

20 Act may be used by the Secretary of Education to admin21 ister or pay any special allowance under section

22 438(b)(2)(B) of the Higher Education Act of 1965 (20

23 U.S.C. 1087–1(b)(2)(B)) pursuant to the provisions of

24 section 682.302(e)(2) of the regulations of the Depart25 ment of Education (34 CFR 682.302(e)(2)).
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1 SEC. 523. None of the funds made available under

2 this Act to the Department of Education may be expended

3 in contravention of section 505 of the Illegal Immigration

4 Reform and Responsibility Act of 1996 (8 U.S.C. 1623).

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

6 Health and Human Services, and Education, and Related

7 Agencies Appropriations Act, 2005’’.

Passed the House of Representatives September 9,

2004.

Attest:

Clerk.