IB 

Union Calendar No. 380

108TH CONGRESS 

2D SESSION H. R. 5006

[Report No. 108–636] 

Making appropriations for the Departments of Labor, Health and Human 

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

September 30, 2005, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 7, 2004

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

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

State of the Union and ordered to be printed 

A BILL

Making appropriations for the Departments of Labor, Health 

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

for other purposes.

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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

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

3 TITLE I—DEPARTMENT OF LABOR 

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 TRAINING AND EMPLOYMENT SERVICES

6 (INCLUDING RESCISSION)

7 For necessary expenses of the Workforce Investment 

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

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

10 buildings and other facilities, and the purchase of real 

11 property for training centers as authorized by such Act, 

12 $2,649,728,000 plus reimbursements; of which 

13 $1,642,442,000 is available for obligation for the period 

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

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

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

18 expended; of which $1,000,965,000 is available for obliga19 tion for the period April 1, 2005, through June 30, 2006, 

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

21 $6,321,000 is available for the period July 1, 2005, 

22 through June 30, 2008, for necessary expenses of con23 struction, rehabilitation, and acquisition of Job Corps cen24 ters: Provided, That notwithstanding any other provision 

25 of law, of the funds provided herein under section 137(c) 
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1 of such Act, $301,227,000 shall be for activities described 

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

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

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

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

6 That, notwithstanding any other provision of law or re7 lated regulation, $76,874,000 shall be for carrying out 

8 section 167 of such Act, including $71,787,000 for for9 mula grants, $4,583,000 for migrant and seasonal hous10 ing (of which not less than 70 percent shall be for perma11 nent housing), and $504,000 for other discretionary pur12 poses: Provided further, That notwithstanding the transfer 

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

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

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

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

17 used for demonstration projects that provide assistance to 

18 new entrants in the workforce and incumbent workers: 

19 Provided further, That no funds from any other appropria20 tion shall be used to provide meal services at or for Job 

21 Corps centers. 

22 For necessary expenses of the Workforce Investment 

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

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

25 buildings and other facilities, and the purchase of real 
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1 property for training centers as authorized by such Act; 

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

3 $2,363,000,000 is available for obligation for the period 

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

5 $100,000,000 is available for the period October 1, 2005, 

6 through June 30, 2008, for necessary expenses of con7 struction, rehabilitation, and acquisition of Job Corps cen8 ters. 

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

10 Nonimmigrant Petitioner Account that are available to the 

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

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

13 $100,000,000 are rescinded. 

14 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

15 AMERICANS

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

17 1965, as amended, $440,200,000. 

18 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

19 For payments during the current fiscal year of trade 

20 adjustment benefit payments and allowances under part 

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

22 search and relocation, and related State administrative ex23 penses under part II of chapter 2, title II of the Trade 

24 Act of 1974 (including the benefits and services described 

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

26 Adjustment Assistance Reform Act of 2002, Public Law 
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1 107–210), $1,057,300,000, together with such amounts as 

2 may be necessary to be charged to the subsequent appro3 priation for payments for any period subsequent to Sep4 tember 15 of the current year. 

5 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

6 SERVICE OPERATIONS

7 For authorized administrative expenses, 

8 $141,934,000, together with not to exceed 

9 $3,440,914,000 (including not to exceed $1,228,000 

10 which may be used for amortization payments to States 

11 which had independent retirement plans in their State em12 ployment service agencies prior to 1980), which may be 

13 expended from the Employment Security Administration 

14 Account in the Unemployment Trust Fund including the 

15 cost of administering section 51 of the Internal Revenue 

16 Code of 1986, as amended, section 7(d) of the Wagner17 Peyser Act, as amended, the Trade Act of 1974, as 

18 amended, the Immigration Act of 1990, and the Immigra19 tion and Nationality Act, as amended, and of which the 

20 sums available in the allocation for activities authorized 

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

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

23 for necessary administrative expenses for carrying out 5 

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

25 States through December 31, 2005, except that funds 
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1 used for automation acquisitions shall be available for obli2 gation by the States through September 30, 2007; of 

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

4 $672,700,000 of the amount which may be expended from 

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

6 period July 1, 2005, through June 30, 2006, to fund ac7 tivities under the Act of June 6, 1933, as amended, in8 cluding the cost of penalty mail authorized under 39 

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

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

11 that the Average Weekly Insured Unemployment (AWIU) 

12 for fiscal year 2005 is projected by the Department of 

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

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

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

16 increment less than 100,000) from the Employment Secu17 rity Administration Account of the Unemployment Trust 

18 Fund: Provided further, That funds appropriated in this 

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

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

21 activities of the Federal-State unemployment insurance or 

22 immigration programs, may be obligated in contracts, 

23 grants or agreements with non-State entities: Provided 

24 further, That funds appropriated under this Act for activi25 ties authorized under the Wagner-Peyser Act, as amended, 
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1 and title III of the Social Security Act, may be used by 

2 the States to fund integrated Employment Service and 

3 Unemployment Insurance automation efforts, notwith4 standing cost allocation principles prescribed under Office 

5 of Management and Budget Circular A–87. 

6 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

7 OTHER FUNDS

8 For repayable advances to the Unemployment Trust 

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

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

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

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

13 for nonrepayable advances to the Unemployment Trust 

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

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

16 and allowances’’ account, to remain available until Sep17 tember 30, 2006, $517,000,000. 

18 In addition, for making repayable advances to the 

19 Black Lung Disability Trust Fund in the current fiscal 

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

21 Black Lung Disability Trust Fund in the current fiscal 

22 year, such sums as may be necessary. 

23 PROGRAM ADMINISTRATION

24 For expenses of administering employment and train25 ing programs, $111,375,000, together with not to exceed 
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1 $57,479,000 which may be expended from the Employ2 ment Security Administration Account in the Unemploy3 ment Trust Fund. 

4 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Employee Benefits 

7 Security Administration, $132,345,000. 

8 PENSION BENEFIT GUARANTY CORPORATION

9 PENSION BENEFIT GUARANTY CORPORATION FUND

10 The Pension Benefit Guaranty Corporation is author11 ized to make such expenditures, including financial assist12 ance authorized by section 104 of Public Law 96–364, 

13 within limits of funds and borrowing authority available 

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

15 such contracts and commitments without regard to fiscal 

16 year limitations as provided by section 104 of the Govern17 ment Corporation Control Act, as amended (31 U.S.C. 

18 9104), as may be necessary in carrying out the program, 

19 including associated administrative expenses, through 

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

21 none of the funds available to the Corporation for fiscal 

22 year 2005 shall be available for obligations for administra23 tive expenses in excess of $266,330,000: Provided further,

24 That obligations in excess of such amount may be incurred 

25 after approval by the Office of Management and Budget 
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1 and the Committees on Appropriations of the House and 

2 Senate. 

3 EMPLOYMENT STANDARDS ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Employment Stand6 ards Administration, including reimbursement to State, 

7 Federal, and local agencies and their employees for inspec8 tion services rendered, $400,797,000, together with 

9 $2,021,000 which may be expended from the Special Fund 

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

11 Longshore and Harbor Workers’ Compensation Act: Pro12 vided, That $1,250,000 shall be for the development of 

13 an alternative system for the electronic submission of re14 ports required to be filed under the Labor-Management 

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

16 for a computer database of the information for each sub17 mission by whatever means, that is indexed and easily 

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

19 That the Secretary of Labor is authorized to accept, re20 tain, and spend, until expended, in the name of the De21 partment of Labor, all sums of money ordered to be paid 

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

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

24 the United States District Court for the District of the 

25 Northern Mariana Islands (May 21, 1992): Provided fur-
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1 ther, That the Secretary of Labor is authorized to estab2 lish and, in accordance with 31 U.S.C. 3302, collect and 

3 deposit in the Treasury fees for processing applications 

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

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

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

7 and issuing registrations under title I of the Migrant and 

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

9 1801 et seq.). 

10 SPECIAL BENEFITS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the payment of compensation, benefits, and ex13 penses (except administrative expenses) accruing during 

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

15 chapter 81 of the United States Code; continuation of ben16 efits as provided for under the heading ‘‘Civilian War Ben17 efits’’ in the Federal Security Agency Appropriation Act, 

18 1947; the Employees’ Compensation Commission Appro19 priation Act, 1944; sections 4(c) and 5(f) of the War 

20 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per21 cent of the additional compensation and benefits required 

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

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

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

25 the subsequent year appropriation for the payment of 
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1 compensation and other benefits for any period subse2 quent to August 15 of the current year: Provided, That 

3 amounts appropriated may be used under section 8104 of 

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

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

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

7 disabled beneficiary: Provided further, That balances of re8 imbursements unobligated on September 30, 2004, shall 

9 remain available until expended for the payment of com10 pensation, benefits, and expenses: Provided further, That 

11 in addition there shall be transferred to this appropriation 

12 from the Postal Service and from any other corporation 

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

14 5, United States Code, to pay an amount for its fair share 

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

16 determines to be the cost of administration for employees 

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

18 Provided further, That of those funds transferred to this 

19 account from the fair share entities to pay the cost of ad20 ministration of the Federal Employees’ Compensation Act, 

21 $39,668,000 shall be made available to the Secretary as 

22 follows: 

23 (1) for enhancement and maintenance of auto24 mated data processing systems and telecommuni25 cations systems, $12,351,000; 
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1 (2) for automated workload processing oper2 ations, including document imaging, centralized mail 

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

4 (3) for periodic roll management and medical 

5 review, $13,096,000; and 

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

7 Treasury as miscellaneous receipts: 

8 Provided further, That the Secretary may require that any 

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

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

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

12 claim, such identifying information (including Social Secu13 rity account number) as such regulations may prescribe. 

14 SPECIAL BENEFITS FOR DISABLED COAL MINERS

15 For carrying out title IV of the Federal Mine Safety 

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

17 275, (the ‘‘Act’’), $276,000,000, to remain available until 

18 expended. 

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

20 benefit payments to individuals under title IV of the Act, 

21 for costs incurred in the current fiscal year, such amounts 

22 as may be necessary. 

23 For making benefit payments under title IV for the 

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

25 available until expended. 
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1 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

2 OCCUPATIONAL ILLNESS COMPENSATION FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to administer the Energy 

5 Employees Occupational Illness Compensation Act, 

6 $40,821,000, to remain available until expended: Pro7 vided, That the Secretary of Labor is authorized to trans8 fer to any executive agency with authority under the En9 ergy Employees Occupational Illness Compensation Act, 

10 including within the Department of Labor, such sums as 

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

12 authorities: Provided further, That the Secretary may re13 quire that any person filing a claim for benefits under the 

14 Act provide as part of such claim, such identifying infor15 mation (including Social Security account number) as may 

16 be prescribed. 

17 BLACK LUNG DISABILITY TRUST FUND

18 (INCLUDING TRANSFER OF FUNDS)

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

20 be necessary from the Black Lung Disability Trust Fund, 

21 to remain available until expended, for payment of all ben22 efits authorized by section 9501(d)(1), (2), (4), and (7) 

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

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

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

26 available from the Fund for fiscal year 2005 for expenses 
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1 of operation and administration of the Black Lung Bene2 fits program, as authorized by section 9501(d)(5): 

3 $32,646,000 for transfer to the Employment Standards 

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

5 for transfer to Departmental Management, ‘‘Salaries and 

6 Expenses’’; $342,000 for transfer to Departmental Man7 agement, ‘‘Office of Inspector General’’; and $356,000 for 

8 payments into miscellaneous receipts for the expenses of 

9 the Department of the Treasury. 

10 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Occupational Safety 

13 and Health Administration, $461,599,000, including not 

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

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

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

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

18 of State occupational safety and health programs required 

19 to be incurred under plans approved by the Secretary 

20 under section 18 of the Act; and, in addition, notwith21 standing 31 U.S.C. 3302, the Occupational Safety and 

22 Health Administration may retain up to $750,000 per fis23 cal year of training institute course tuition fees, otherwise 

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

25 sums for occupational safety and health training and edu-
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1 cation grants: Provided, That, notwithstanding 31 U.S.C. 

2 3302, the Secretary of Labor is authorized, during the fis3 cal year ending September 30, 2005, to collect and retain 

4 fees for services provided to Nationally Recognized Test5 ing Laboratories, and may utilize such sums, in accord6 ance with the provisions of 29 U.S.C. 9a, to administer 

7 national and international laboratory recognition pro8 grams that ensure the safety of equipment and products 

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

10 none of the funds appropriated under this paragraph shall 

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

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

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

14 in a farming operation which does not maintain a tem15 porary labor camp and employs 10 or fewer employees: 

16 Provided further, That no funds appropriated under this 

17 paragraph shall be obligated or expended to administer or 

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

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

20 who is included within a category having a Days Away, 

21 Restricted, or Transferred (DART) occupational injury 

22 and illness rate, at the most precise industrial classifica23 tion code for which such data are published, less than the 

24 national average rate as such rates are most recently pub25 lished by the Secretary, acting through the Bureau of 
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1 Labor Statistics, in accordance with section 24 of that Act 

2 (29 U.S.C. 673), except—

3 (1) to provide, as authorized by such Act, con4 sultation, technical assistance, educational and train5 ing services, and to conduct surveys and studies; 

6 (2) to conduct an inspection or investigation in 

7 response to an employee complaint, to issue a cita8 tion for violations found during such inspection, and 

9 to assess a penalty for violations which are not cor10 rected within a reasonable abatement period and for 

11 any willful violations found; 

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

13 with respect to imminent dangers; 

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

15 with respect to health hazards; 

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

17 with respect to a report of an employment accident 

18 which is fatal to one or more employees or which re19 sults in hospitalization of two or more employees, 

20 and to take any action pursuant to such investiga21 tion authorized by such Act; and 

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

23 with respect to complaints of discrimination against 

24 employees for exercising rights under such Act: 
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1 Provided further, That the foregoing proviso shall not 

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

3 which does not maintain a temporary labor camp and em4 ploys 10 or fewer employees: Provided further, That none 

5 of the funds appropriated under this paragraph shall be 

6 obligated or expended to administer or enforce the provi7 sions of 29 CFR 1910.134(f)(2) (General Industry Res8 piratory Protection Standard) to the extent that such pro9 visions require the annual fit testing (after the initial fit 

10 testing) of respirators for occupational exposure to tuber11 culosis. 

12 MINE SAFETY AND HEALTH ADMINISTRATION

13 SALARIES AND EXPENSES

14 For necessary expenses for the Mine Safety and 

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

16 and bestowal of certificates and trophies in connection 

17 with mine rescue and first-aid work, and the hire of pas18 senger motor vehicles; in addition, not to exceed $750,000 

19 may be collected by the National Mine Health and Safety 

20 Academy for room, board, tuition, and the sale of training 

21 materials, otherwise authorized by law to be collected, to 

22 be available for mine safety and health education and 

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

24 in addition, the Mine Safety and Health Administration 

25 may retain up to $1,000,000 from fees collected for the 
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1 approval and certification of equipment, materials, and ex2 plosives for use in mines, and may utilize such sums for 

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

4 buildings, equipment, and other contributions from public 

5 and private sources and to prosecute projects in coopera6 tion with other agencies, Federal, State, or private; the 

7 Mine Safety and Health Administration is authorized to 

8 promote health and safety education and training in the 

9 mining community through cooperative programs with 

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

11 available to the department may be used, with the ap12 proval of the Secretary, to provide for the costs of mine 

13 rescue and survival operations in the event of a major dis14 aster. 

15 BUREAU OF LABOR STATISTICS

16 SALARIES AND EXPENSES

17 For necessary expenses for the Bureau of Labor Sta18 tistics, including advances or reimbursements to State, 

19 Federal, and local agencies and their employees for serv20 ices rendered, $455,045,000, together with not to exceed 

21 $78,473,000, which may be expended from the Employ22 ment Security Administration Account in the Unemploy23 ment Trust Fund. 
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1 OFFICE OF DISABILITY EMPLOYMENT POLICY

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Disability 

4 Employment Policy to provide leadership, develop policy 

5 and initiatives, and award grants furthering the objective 

6 of eliminating barriers to the training and employment of 

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

8 DEPARTMENTAL MANAGEMENT

9 SALARIES AND EXPENSES

10 For necessary expenses for Departmental Manage11 ment, including the hire of three sedans, and including 

12 the management or operation, through contracts, grants 

13 or other arrangements of Departmental activities con14 ducted by or through the Bureau of International Labor 

15 Affairs, including bilateral and multilateral technical as16 sistance and other international labor activities, 

17 $264,653,000, of which, $7,000,000 to remain available 

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

19 Security enhancements, and $30,000,000 is for the acqui20 sition of Departmental information technology, architec21 ture, infrastructure, equipment, software, and related 

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

23 Information Officer in accordance with the Department’s 

24 capital investment management process to assure a sound 

25 investment strategy, together with not to exceed 
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1 $314,000, which may be expended from the Employment 

2 Security Administration Account in the Unemployment 

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

4 this Act may be used by the Solicitor of Labor to partici5 pate in a review in any United States court of appeals 

6 of any decision made by the Benefits Review Board under 

7 section 21 of the Longshore and Harbor Workers’ Com8 pensation Act (33 U.S.C. 921) where such participation 

9 is precluded by the decision of the United States Supreme 

10 Court in Director, Office of Workers’ Compensation Pro11 grams v. Newport News Shipbuilding, 115 S. Ct. 1278 

12 (1995), notwithstanding any provisions to the contrary 

13 contained in Rule 15 of the Federal Rules of Appellate 

14 Procedure: Provided further, That no funds made available 

15 by this Act may be used by the Secretary of Labor to re16 view a decision under the Longshore and Harbor Workers’ 

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

18 appealed and that has been pending before the Benefits 

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

20 That any such decision pending a review by the Benefits 

21 Review Board for more than 1 year shall be considered 

22 affirmed by the Benefits Review Board on the 1-year anni23 versary of the filing of the appeal, and shall be considered 

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

25 review in the United States courts of appeals: Provided 
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1 further, That these provisions shall not be applicable to 

2 the review or appeal of any decision issued under the 

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

4 VETERANS EMPLOYMENT AND TRAINING

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

6 Employment Security Administration Account in the Un7 employment Trust Fund to carry out the provisions of 38 

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

9 Public Law 103–353, and which shall be available for obli10 gation by the States through December 31, 2005, of which 

11 $2,000,000 is for the National Veterans’ Employment and 

12 Training Services Institute. To carry out the Homeless 

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

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

15 2913), $26,550,000 of which $7,550,000 shall be available 

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

17 30, 2006. 

18 OFFICE OF INSPECTOR GENERAL

19 For salaries and expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

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

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

23 from the Employment Security Administration Account in 

24 the Unemployment Trust Fund. 
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1 WORKING CAPITAL FUND

2 For the acquisition of a new core accounting system 

3 for the Department of Labor, including hardware and 

4 software infrastructure and the costs associated with im5 plementation thereof, $10,000,000. 

6 GENERAL PROVISIONS 

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

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

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

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

11 II. 

12 (TRANSFER OF FUNDS)

13 SEC. 102. Not to exceed 1 percent of any discre14 tionary funds (pursuant to the Balanced Budget and 

15 Emergency Deficit Control Act of 1985, as amended) 

16 which are appropriated for the current fiscal year for the 

17 Department of Labor in this Act may be transferred be18 tween appropriations, but no such appropriation shall be 

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

20 Provided, That the Appropriations Committees of both 

21 Houses of Congress are notified at least 15 days in ad22 vance of any transfer. 

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

24 enactment of this Act, the Secretry of Labor shall issue 

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

26 of its employees of the National Capital Region is eligible 
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1 to receive, not to exceed a maximum of $100, as directed 

2 by Executive Order 13150. 

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

4 Appropriations Act, 2005’’. 

5 TITLE II—DEPARTMENT OF HEALTH AND 

6 HUMAN SERVICES 

7 HEALTH RESOURCES AND SERVICES ADMINISTRATION

8 HEALTH RESOURCES AND SERVICES

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

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

11 427(a) of the Federal Coal Mine Health and Safety Act, 

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

13 Security Act, the Health Care Quality Improvement Act 

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

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

16 of 2000, and the Poison Control Center Enhancement and 

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

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

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

20 the Medicare rural hospital flexibility grants program 

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

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

23 be available until expended for facilities renovations at the 

24 Gillis W. Long Hansen’s Disease Center: Provided further,

25 That in addition to fees authorized by section 427(b) of 
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1 the Health Care Quality Improvement Act of 1986, fees 

2 shall be collected for the full disclosure of information 

3 under the Act sufficient to recover the full costs of oper4 ating the National Practitioner Data Bank, and shall re5 main available until expended to carry out that Act: Pro6 vided further, That fees collected for the full disclosure of 

7 information under the ‘‘Health Care Fraud and Abuse 

8 Data Collection Program’’, authorized by section 

9 1128E(d)(2) of the Social Security Act, shall be sufficient 

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

11 shall remain available until expended to carry out that 

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

13 remain available until expended is available for carrying 

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

15 That of the funds made available under this heading, 

16 $278,283,000 shall be for the program under title X of 

17 the Public Health Service Act to provide for voluntary 

18 family planning projects: Provided further, That amounts 

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

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

24 public support or opposition to any legislative proposal or 

25 candidate for public office: Provided further, That 
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1 $803,872,000 shall be for State AIDS Drug Assistance 

2 Programs authorized by section 2616 of the Public Health 

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

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

5 amounts available under section 241 of the Public Health 

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

7 XXVI of the Public Health Service Act to fund section 

8 2691 Special Projects of National Significance: Provided 

9 further, That notwithstanding section 502(a)(1) of the So10 cial Security Act, not to exceed $119,158,000 is available 

11 for carrying out special projects of regional and national 

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

13 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

14 ACCOUNT

15 Such sums as may be necessary to carry out the pur16 pose of the program, as authorized by title VII of the Pub17 lic Health Service Act, as amended. For administrative ex18 penses to carry out the guaranteed loan program, includ19 ing section 709 of the Public Health Service Act, 

20 $3,270,000. 

21 VACCINE INJURY COMPENSATION PROGRAM TRUST

22 FUND

23 For payments from the Vaccine Injury Compensation 

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

25 claims associated with vaccine-related injury or death with 
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1 respect to vaccines administered after September 30, 

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

3 Health Service Act, to remain available until expended: 

4 Provided, That for necessary administrative expenses, not 

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

6 Fund to the Secretary of Health and Human Services. 

7 CENTERS FOR DISEASE CONTROL AND PREVENTION

8 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

11 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal 

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

13 22 of the Occupational Safety and Health Act of 1970, 

14 title IV of the Immigration and Nationality Act, and sec15 tion 501 of the Refugee Education Assistance Act of 1980; 

16 including purchase and insurance of official motor vehicles 

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

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

19 $81,500,000 shall remain available until expended for 

20 equipment, and construction and renovation of facilities, 

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

22 shall remain available until September 30, 2006. In addi23 tion, such sums as may be derived from authorized user 

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

25 That in addition to amounts provided herein, the following 
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1 amounts shall be available from amounts available under 

2 section 241 of the Public Health Service Act: 

3 (1) $14,000,000 to carry out the National Im4 munization Surveys; 

5 (2) $149,600,000 to carry out the National 

6 Center for Health Statistics surveys; 

7 (3) $28,600,000 to carry out information sys8 tems standards development and architecture and 

9 applications-based research used at local public 

10 health levels; 

11 (4) $15,000,000 to carry out Public Health Re12 search; and 

13 (5) $41,900,000 to carry out Research Tools 

14 and Approaches activities within the National Occu15 pational Research Agenda: 

16 Provided further, That none of the funds made available 

17 for injury prevention and control at the Centers for Dis18 ease Control and Prevention may be used, in whole or in 

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

20 That the Director may redirect the total amount made 

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

22 3, dated November 3, 1990, to activities the Director may 

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

24 notified promptly of any such transfer: Provided further,

25 That not to exceed $12,500,000 may be available for mak-
28

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1 ing grants under section 1509 of the Public Health Service 

2 Act to not more than 15 States, tribes, or tribal organiza3 tions: Provided further, That without regard to existing 

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

5 the discretion of the Centers for Disease Control and Pre6 vention, with property acquisition, including a long-term 

7 ground lease for construction on non-Federal land, to sup8 port the construction of a replacement laboratory in the 

9 Fort Collins, Colorado area: Provided further, That not10 withstanding any other provision of law, a single contract 

11 or related contracts for development and construction of 

12 facilities may be employed which collectively include the 

13 full scope of the project: Provided further, That the solici14 tation and contract shall contain the clause ‘‘availability 

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

16 NATIONAL INSTITUTES OF HEALTH

17 NATIONAL CANCER INSTITUTE

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

20 $4,870,025,000, of which up to $8,000,000 may be used 

21 for facilities repairs and improvements at the NCI-Fred22 erick Federally Funded Research and Development Center 

23 in Frederick Maryland. 
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1 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

4 and blood diseases, and blood and blood products, 

5 $2,963,953,000. 

6 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

7 RESEARCH

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to dental disease, 

10 $394,080,000. 

11 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE

12 AND KIDNEY DISEASES

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to diabetes and diges15 tive and kidney disease, $1,726,196,000. 

16 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

17 AND STROKE

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to neurological dis20 orders and stroke, $1,545,623,000. 

21 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

22 DISEASES

23 (INCLUDING TRANSFER OF FUNDS)

24 For carrying out section 301 and title IV of the Pub25 lic Health Service Act with respect to allergy and infec-
30

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1 tious diseases, $4,440,007,000: Provided, That 

2 $100,000,000 may be made available to International As3 sistance Programs, ‘‘Global Fund to Fight HIV/AIDS, 

4 Malaria, and Tuberculosis’’, to remain available until ex5 pended: Provided further, That up to $150,000,000 shall 

6 be for extramural facilities construction grants to enhance 

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

8 other agents. 

9 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to general medical 

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

13 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

14 DEVELOPMENT

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

17 human development, $1,280,915,000. 

18 NATIONAL EYE INSTITUTE

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to eye diseases and 

21 visual disorders, $671,578,000. 
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1 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

2 SCIENCES

3 For carrying out sections 301 and 311 and title IV 

4 of the Public Health Service Act with respect to environ5 mental health sciences, $650,027,000. 

6 NATIONAL INSTITUTE ON AGING

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

9 $1,055,666,000. 

10 NATIONAL INSTITUTE OF ARTHRITIS AND

11 MUSCULOSKELETAL AND SKIN DISEASES

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to arthritis and mus14 culoskeletal and skin diseases, $515,378,000. 

15 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

16 COMMUNICATION DISORDERS

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

19 communication disorders, $393,507,000. 

20 NATIONAL INSTITUTE OF NURSING RESEARCH

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to nursing research, 

23 $139,198,000. 
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1 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

2 ALCOHOLISM

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

5 alcoholism, $441,911,000. 

6 NATIONAL INSTITUTE ON DRUG ABUSE

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

9 $1,012,760,000: Provided, That in addition to amounts 

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

11 amounts under section 241 of the Act to carry out na12 tional surveys on drug abuse and related analysis. 

13 NATIONAL INSTITUTE OF MENTAL HEALTH

14 For carrying out section 301 and title IV of the Pub15 lic Health Service Act with respect to mental health, 

16 $1,420,609,000. 

17 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to human genome re20 search, $492,670,000. 

21 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

22 BIOENGINEERING

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

25 and bioengineering research, $297,647,000. 
33

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1 NATIONAL CENTER FOR RESEARCH RESOURCES

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

4 and general research support grants, $1,094,141,000: 

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

6 recipients of the general research support grants program 

7 any amount for indirect expenses in connection with such 

8 grants. 

9 NATIONAL CENTER FOR COMPLEMENTARY AND

10 ALTERNATIVE MEDICINE

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

13 alternative medicine, $121,116,000. 

14 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

15 DISPARITIES

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

18 health disparities research, $196,780,000. 

19 JOHN E. FOGARTY INTERNATIONAL CENTER

20 For carrying out the activities at the John E. 

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

22 NATIONAL LIBRARY OF MEDICINE

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

25 communications, $316,947,000, of which $4,000,000 shall 
34

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1 be available until expended for improvement of informa2 tion systems: Provided, That in fiscal year 2005, the Li3 brary may enter into personal services contracts for the 

4 provision of services in facilities owned, operated, or con5 structed under the jurisdiction of the National Institutes 

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

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

8 amounts under section 241 of the Act to carry out Na9 tional Information Center on Health Services Research 

10 and Health Care Technology and related health services. 

11 OFFICE OF THE DIRECTOR

12 (INCLUDING TRANSFER OF FUNDS)

13 For carrying out the responsibilities of the Office of 

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

15 of which up to $7,500,000 shall be used to carry out sec16 tion 217 of this Act: Provided, That funding shall be avail17 able for the purchase of not to exceed 29 passenger motor 

18 vehicles for replacement only: Provided further, That the 

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

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

21 Institutes of Health appropriations to activities the Direc22 tor may so designate: Provided further, That no such ap23 propriation shall be decreased by more than 1 percent by 

24 any such transfers and that the Congress is promptly noti25 fied of the transfer: Provided further, That the National 
35

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1 Institutes of Health is authorized to collect third party 

2 payments for the cost of clinical services that are incurred 

3 in National Institutes of Health research facilities and 

4 that such payments shall be credited to the National Insti5 tutes of Health Management Fund: Provided further, That 

6 all funds credited to the National Institutes of Health 

7 Management Fund shall remain available for 1 fiscal year 

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

9 further, That a uniform percentage of the amounts appro10 priated in this Act to each Institute and Center, as deter11 mined by the Director and totaling not more than 

12 $176,800,000, may be utilized for the National Institutes 

13 of Health Roadmap Initiative: Provided further, That 

14 amounts utilized under the preceding proviso shall be in 

15 addition to amounts made available for the Roadmap Ini16 tiative from the Director’s Discretionary Fund: Provided 

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

18 out section 499 of the Public Health Service Act. 

19 BUILDINGS AND FACILITIES

20 (INCLUDING TRANSFER OF FUNDS)

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

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

23 National Institutes of Health, including the acquisition of 

24 real property, $99,500,000, to remain available until ex25 pended. 
36

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1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

4 For carrying out titles V and XIX of the Public 

5 Health Service Act with respect to substance abuse and 

6 mental health services, the Protection and Advocacy for 

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

8 Health Service Act with respect to program management, 

9 $3,270,360,000: Provided, That in addition to amounts 

10 provided herein, the following amounts shall be available 

11 from amounts available under section 241 of the Public 

12 Health Service Act: 

13 (1) $79,200,000 to carry out subpart II of title 

14 XIX of the Public Health Service Act to fund sec15 tion 1935(b) technical assistance, national data, 

16 data collection and evaluation activities, and further 

17 that the total available under this Act for section 

18 1935(b) activities shall not exceed 5 percent of the 

19 amounts appropriated for subpart II of title XIX; 

20 (2) $21,803,000 to carry out subpart I of part 

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

22 fund section 1920(b) technical assistance, national 

23 data, data collection and evaluation activities, and 

24 further that the total available under this Act for 

25 section 1920(b) activities shall not exceed 5 percent 
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1 of the amounts appropriated for subpart I of part B 

2 of title XIX; 

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

4 on drug abuse; and 

5 (4) $4,300,000 for substance abuse treatment 

6 programs. 

7 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

8 HEALTHCARE RESEARCH AND QUALITY

9 For carrying out titles III and IX of the Public 

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

11 Security Act, amounts received from Freedom of Informa12 tion Act fees, reimbursable and interagency agreements, 

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

14 and shall remain available until expended: Provided, That 

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

16 the Public Health Service Act shall not exceed 

17 $303,695,000. 

18 CENTERS FOR MEDICARE AND MEDICAID SERVICES

19 GRANTS TO STATES FOR MEDICAID

20 For carrying out, except as otherwise provided, titles 

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

22 to remain available until expended. 

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

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

25 quarter of fiscal year 2005 for unanticipated costs, in-
38

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1 curred for the current fiscal year, such sums as may be 

2 necessary. 

3 For making payments to States or in the case of sec4 tion 1928 on behalf of States under title XIX of the Social 

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

6 $58,517,290,000, to remain available until expended. 

7 Payment under title XIX may be made for any quar8 ter with respect to a State plan or plan amendment in 

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

10 quarter and approved in that or any subsequent quarter. 

11 PAYMENTS TO HEALTH CARE TRUST FUNDS

12 For payment to the Federal Hospital Insurance and 

13 the Federal Supplementary Medical Insurance Trust 

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

15 1860D–31 of the Social Security Act, sections 103(c) and 

16 111(d) of the Social Security Amendments of 1965, sec17 tion 278(d) of Public Law 97–248, and for administrative 

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

19 Security Act, $114,608,900,000. To ensure prompt pay20 ments of Medicare prescription drug benefits as provided 

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

22 $5,216,900,000, to become available on October 1, 2005, 

23 for fiscal year 2006. 
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1 PROGRAM MANAGEMENT

2 For carrying out, except as otherwise provided, titles 

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

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

5 the Clinical Laboratory Improvement Amendments of 

6 1988, not to exceed $2,746,253,000, to be transferred 

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

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

10 all funds collected in accordance with section 353 of the 

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

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

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

14 remain available until expended: Provided, That all funds 

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

17 Service Act shall be credited to and available for carrying 

18 out the purposes of this appropriation: Provided further,

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

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

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

25 $129,000,000 shall be for processing Medicare appeals, of 
40

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1 which $50,000,000 shall be transferred to the Social Secu2 rity Administration for processing Medicare appeals: Pro3 vided further, That the Secretary of Health and Human 

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

5 Medicare+Choice organizations pursuant to section 

6 1857(e)(2) of the Social Security Act and from eligible 

7 organizations with risk-sharing contracts under section 

8 1876 of that Act pursuant to section 1876(k)(4)(D) of 

9 that Act: Provided further, That the aggregate amount 

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

11 reduction shall be allocated among the programs and ac12 tivities under this heading (including programs and activi13 ties for which amounts are specified under this heading) 

14 in such manner as the Administrator of the Centers for 

15 Medicare & Medicaid Services determines to be appro16 priate. 

17 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

18 GUARANTEE FUND

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

20 1308 of the Public Health Service Act, any amounts re21 ceived by the Secretary in connection with loans and loan 

22 guarantees under title XIII of the Public Health Service 

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

24 payment of outstanding obligations. During fiscal year 
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1 2005, no commitments for direct loans or loan guarantees 

2 shall be made. 

3 ADMINISTRATION FOR CHILDREN AND FAMILIES

4 PAYMENTS TO STATES FOR CHILD SUPPORT

5 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

6 For making payments to States or other non-Federal 

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

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

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

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

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

12 expended. 

13 For making payments to each State for carrying out 

14 the program of Aid to Families with Dependent Children 

15 under title IV–A of the Social Security Act before the ef16 fective date of the program of Temporary Assistance to 

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

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

19 amounts available to a State with respect to expenditures 

20 under such title IV–A in fiscal year 1997 under this ap21 propriation and under such title IV–A as amended by the 

22 Personal Responsibility and Work Opportunity Reconcili23 ation Act of 1996 shall not exceed the limitations under 

24 section 116(b) of such Act. 
42

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

2 payments to States or other non-Federal entities under 

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

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

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

7 as may be necessary. 

8 LOW-INCOME HOME ENERGY ASSISTANCE

9 (INCLUDING TRANSFER OF FUNDS)

10 For carrying out low-income home energy assistance 

11 activities, $2,227,000,000: Provided, That of the total 

12 amount provided under this heading, $1,900,000,000 shall 

13 be for the low-income home energy assistance program 

14 under title XXVI of the Omnibus Budget Reconciliation 

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

16 That of the total amount provided under this heading, 

17 $100,000,000, to remain available until expended, shall be 

18 for the low-income home energy assistance program under 

19 title XXVI of the Omnibus Budget Reconciliation Act of 

20 1981 (42 U.S.C. 8621 et seq.) for the unanticipated home 

21 energy assistance needs of one or more States, as author22 ized by section 2604(e) of such Act, and notwithstanding 

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

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

25 under this heading, $227,000,000 is hereby transferred to 
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1 the Department of Energy for the weatherization assist2 ance program under part A of title IV of the Energy Con3 servation and Production Act (42 U.S.C. 6861 et seq.), 

4 and shall remain available until expended. 

5 REFUGEE AND ENTRANT ASSISTANCE

6 For necessary expenses for refugee and entrant as7 sistance activities and for costs associated with the care 

8 and placement of unaccompanied alien children authorized 

9 by title IV of the Immigration and Nationality Act and 

10 section 501 of the Refugee Education Assistance Act of 

11 1980 (Public Law 96–422), for carrying out section 462 

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

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

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

15 up to $10,000,000 shall be available to carry out the Traf16 ficking Victims Protection Act of 2003 (Public Law 108–

17 193): Provided, That funds appropriated under this head18 ing pursuant to section 414(a) of the Immigration and 

19 Nationality Act and section 462 of the Homeland Security 

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

21 costs of assistance provided and other activities to remain 

22 available through September 30, 2007. 
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1 PAYMENTS TO STATES FOR THE CHILD CARE AND

2 DEVELOPMENT BLOCK GRANT

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

4 Omnibus Budget Reconciliation Act of 1981 (The Child 

5 Care and Development Block Grant Act of 1990), 

6 $2,099,729,000 shall be used to supplement, not supplant 

7 state general revenue funds for child care assistance for 

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

9 available for child care resource and referral and school10 aged child care activities, of which $1,000,000 shall be for 

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

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

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

14 reserved by the States for activities authorized under sec15 tion 658G, of which $100,000,000 shall be for activities 

16 that improve the quality of infant and toddler care: Pro17 vided further, That $9,864,000 shall be for use by the Sec18 retary for child care research, demonstration, and evalua19 tion activities. 

20 SOCIAL SERVICES BLOCK GRANT

21 For making grants to States pursuant to section 

22 2002 of the Social Security Act, $1,700,000,000: Pro23 vided, That notwithstanding subparagraph (B) of section 

24 404(d)(2) of such Act, the applicable percent specified 

25 under such subparagraph for a State to carry out State 
45

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

2 percent. 

3 CHILDREN AND FAMILIES SERVICES PROGRAMS

4 For carrying out, except as otherwise provided, the 

5 Runaway and Homeless Youth Act, the Developmental 

6 Disabilities Assistance and Bill of Rights Act, the Head 

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

8 sections 310 and 316 of the Family Violence Prevention 

9 and Services Act, as amended, the Native American Pro10 grams Act of 1974, title II of Public Law 95–266 (adop11 tion opportunities), the Adoption and Safe Families Act 

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

13 of the Children’s Health Act of 2000, the Abandoned In14 fants Assistance Act of 1988, sections 261 and 291 of the 

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

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

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

18 103–322; for making payments under the Community 

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

20 477(i) of the Social Security Act, and title IV of Public 

21 Law 105–285, and for necessary administrative expenses 

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

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

24 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili25 ation Act of 1981, title IV of the Immigration and Nation-
46

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1 ality Act, section 501 of the Refugee Education Assistance 

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

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

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

5 $32,103,000, to remain available until September 30, 

6 2006, shall be for grants to States for adoption incentive 

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

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

9 made for adoptions completed before September 30, 2005: 

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

11 payments under the Head Start Act, of which 

12 $1,400,000,000 shall become available October 1, 2005, 

13 and remain available through September 30, 2006: Pro14 vided further, That $710,088,000 shall be for making pay15 ments under the Community Services Block Grant Act: 

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

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

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

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

20 from amounts available under section 241 of the Public 

21 Health Service Act to carry out the provisions of section 

22 1110 of the Social Security Act: Provided further, That 

23 to the extent Community Services Block Grant funds are 

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

25 as provided under the Act, and have not been expended 
47

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1 by such entity, they shall remain with such entity for car2 ryover into the next fiscal year for expenditure by such 

3 entity consistent with program purposes: Provided further,

4 That the Secretary shall establish procedures regarding 

5 the disposition of intangible property which permits grant 

6 funds, or intangible assets acquired with funds authorized 

7 under section 680 of the Community Services Block Grant 

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

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

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

11 the original grant: Provided further, That funds appro12 priated for section 680(a)(2) of the Community Services 

13 Block Grant Act, as amended, shall be available for fi14 nancing construction and rehabilitation and loans or in15 vestments in private business enterprises owned by com16 munity development corporations: Provided further, That 

17 $55,000,000 is for a compassion capital fund to provide 

18 grants to charitable organizations to emulate model social 

19 service programs and to encourage research on the best 

20 practices of social service organizations: Provided further, 

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

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

23 shall be for payments to States to promote access for vot24 ers with disabilities, and of which $5,000,000 shall be for 

25 payments to States for protection and advocacy systems 
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1 for voters with disabilities: Provided further, That 

2 $105,046,000 is only for making competitive grants to 

3 provide abstinence education (as defined by section 

4 510(b)(2) of the Social Security Act) to adolescents, and 

5 for Federal costs of administering the grant: Provided fur6 ther, That grants under the immediately preceding proviso 

7 shall be made only to public and private entities which 

8 agree that, with respect to an adolescent to whom the enti9 ties provide abstinence education under such grant, the 

10 entities will not provide to that adolescent any other edu11 cation regarding sexual conduct, except that, in the case 

12 of an entity expressly required by law to provide health 

13 information or services the adolescent shall not be pre14 cluded from seeking health information or services from 

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

16 abstinence education was provided: Provided further, That 

17 within amounts provided herein for abstinence education 

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

19 a national abstinence education campaign: Provided fur20 ther, That in addition to amounts provided herein for ab21 stinence education for adolescents, $4,500,000 shall be 

22 available from amounts available under section 241 of the 

23 Public Health Services Act to carry out evaluations (in24 cluding longitudinal evaluations) of adolescent pregnancy 

25 prevention approaches: Provided further, That $2,000,000 
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1 shall be for improving the Public Assistance Reporting In2 formation System, including grants to States to support 

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

4 PROMOTING SAFE AND STABLE FAMILIES

5 For carrying out section 436 of the Social Security 

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

7 PAYMENTS TO STATES FOR FOSTER CARE AND

8 ADOPTION ASSISTANCE

9 For making payments to States or other non-Federal 

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

11 $5,037,900,000. 

12 For making payments to States or other non-Federal 

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

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

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

16 payments to States or other non-Federal entities under 

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

18 current fiscal year for unanticipated costs, incurred for the 

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

20 ADMINISTRATION ON AGING

21 AGING SERVICES PROGRAMS

22 For carrying out, to the extent not otherwise pro23 vided, the Older Americans Act of 1965, as amended, and 

24 section 398 of the Public Health Service Act, 

25 $1,403,479,000, of which $5,500,000 shall be available for 
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1 activities regarding medication management, screening, 

2 and education to prevent incorrect medication and adverse 

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

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

5 Conference on Aging. 

6 OFFICE OF THE SECRETARY

7 GENERAL DEPARTMENTAL MANAGEMENT

8 For necessary expenses, not otherwise provided, for 

9 general departmental management, including hire of six 

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

11 of the Public Health Service Act, and the United States12 Mexico Border Health Commission Act, $380,298,000, to13 gether with $5,851,000 to be transferred and expended 

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

15 Act from the Hospital Insurance Trust Fund and the Sup16 plemental Medical Insurance Trust Fund: Provided, That 

17 of the funds made available under this heading for car18 rying out title XX of the Public Health Service Act, 

19 $13,120,000 shall be for activities specified under section 

20 2003(b)(2), all of which shall be for prevention service 

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

22 of the Social Security Act, as amended, without applica23 tion of the limitation of section 2010(c) of said title XX: 

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

25 be for advancing health care information technology na-
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1 tionally, including demonstration project grants; 

2 $52,838,000 shall be for minority AIDS prevention and 

3 treatment activities; $14,847,000 shall be for an Informa4 tion Technology Security and Innovation Fund for De5 partment-wide activities involving cybersecurity, informa6 tion technology security, and related innovation projects; 

7 and $5,000,000 shall be to assist Afghanistan in the devel8 opment of maternal and child health clinics, consistent 

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

10 Support Act of 2002. 

11 OFFICE OF INSPECTOR GENERAL

12 For expenses necessary for the Office of Inspector 

13 General, including the hire of passenger motor vehicles for 

14 investigations, in carrying out the provisions of the Inspec15 tor General Act of 1978, as amended, $40,323,000: Pro16 vided, That of such amount, necessary sums are available 

17 for providing protective services to the Secretary and in18 vestigating non-payment of child support cases for which 

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

20 OFFICE FOR CIVIL RIGHTS

21 For expenses necessary for the Office for Civil 

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

23 $3,314,000 to be transferred and expended as authorized 

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

25 Hospital Insurance Trust Fund and the Supplemental 

26 Medical Insurance Trust Fund. 
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1 POLICY RESEARCH

2 For carrying out, to the extent not otherwise pro3 vided, research studies under section 1110 of the Social 

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

5 $20,750,000, which shall be available from amounts avail6 able under section 241 of the Public Health Service Act 

7 to carry out national health or human services research 

8 and evaluation activities: Provided, That the expenditure 

9 of any funds available under section 241 of the Public 

10 Health Service Act is subject to the requirements of sec11 tion 206 of this Act. 

12 RETIREMENT PAY AND MEDICAL BENEFITS FOR

13 COMMISSIONED OFFICERS

14 For retirement pay and medical benefits of Public 

15 Health Service Commissioned Officers as authorized by 

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

17 Protection Plan and Survivor Benefit Plan, for medical 

18 care of dependents and retired personnel under the De19 pendents’ Medical Care Act (10 U.S.C. ch. 55 and 56), 

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

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

22 be required during the current fiscal year. The following 

23 are definitions for the medical benefits of the Public 

24 Health Service Commissioned Officers that apply to 10 

25 U.S.C. chapter 56, section 1116(c). The source of funds 
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1 for the monthly accrual payments into the Department of 

2 Defense Medicare-Eligible Retiree Health Care Fund shall 

3 be the Retirement Pay and Medical Benefits for Commis4 sioned Officers account. For purposes of this Act, the term 

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

6 with retirement payments to United States Public Health 

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

8 length of service; payments to survivors of deceased offi9 cers; medical care to active duty and retired members and 

10 dependents and beneficiaries; and for payments to the So11 cial Security Administration for military service credits; 

12 all of which payments are provided for by the Retirement 

13 Pay and Medical Benefits for Commissioned Officers ac14 count. 

15 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

16 FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses necessary to support activities related 

19 to countering potential biological, disease, nuclear, radio20 logical, and chemical threats to civilian populations, 

21 $1,842,247,000: Provided, That this amount is distributed 

22 as follows: Centers for Disease Control and Prevention, 

23 $1,187,760,000; Office of the Secretary, $64,438,000; 

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

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

26 Provided further, That employees of the Centers for Dis-
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1 ease Control and Prevention or the Public Health Service, 

2 both civilian and Commissioned Officers, detailed to 

3 States, municipalities, or other organizations under au4 thority of section 214 of the Public Health Service Act 

5 for purposes related to homeland security, shall be treated 

6 as non-Federal employees for reporting purposes only and 

7 shall not be included within any personnel ceiling applica8 ble to the Agency, Service, or the Department of Health 

9 and Human Services during the period of detail or assign10 ment. 

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

12 expended, for the Strategic National Stockpile: Provided,

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

14 to the Secretary of Health and Human Services the func15 tions, assets, unexpended balances (including those from 

16 appropriations authorized under section 121(3) of Public 

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

18 Strategic National Stockpile, including the functions of 

19 the Secretary of Homeland Security relating thereto: Pro20 vided further, That the stockpile shall be deployed as 

21 deemed appropriate by the Secretary, or when requested 

22 by the Secretary of Homeland Security. 

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

25 and implementation of rapidly expandable influenza vac-
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1 cine production technologies, $60,000,000, to remain 

2 available until expended. 

3 GENERAL PROVISIONS 

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

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

6 and representation expenses when specifically approved by 

7 the Secretary. 

8 SEC. 202. The Secretary shall make available through 

9 assignment not more than 60 employees of the Public 

10 Health Service to assist in child survival activities and to 

11 work in AIDS programs through and with funds provided 

12 by the Agency for International Development, the United 

13 Nations International Children’s Emergency Fund or the 

14 World Health Organization. 

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

16 Act may be used to implement section 399F(b) of the Pub17 lic Health Service Act or section 1503 of the National In18 stitutes of Health Revitalization Act of 1993, Public Law 

19 103–43. 

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

21 for the National Institutes of Health, the Agency for 

22 Healthcare Research and Quality, and the Substance 

23 Abuse and Mental Health Services Administration shall 

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

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

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

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

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

7 II. 

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

9 may be expended pursuant to section 241 of the Public 

10 Health Service Act, except for funds specifically provided 

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

12 by any office located in the Department of Health and 

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

14 submission of a report to the Committee on Appropria15 tions of the Senate and of the House detailing the planned 

16 uses of such funds. 

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

18 Public Health Service Act, such portion as the Secretary 

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

20 amounts appropriated for programs authorized under said 

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

22 or by grants or contracts) of the implementation and effec23 tiveness of such programs. 

24 (TRANSFER OF FUNDS)

25 SEC. 208. Not to exceed 1 percent of any discre26 tionary funds (pursuant to the Balanced Budget and 
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1 Emergency Deficit Control Act of 1985, as amended) 

2 which are appropriated for the current fiscal year for the 

3 Department of Health and Human Services in this Act 

4 may be transferred between appropriations, but no such 

5 appropriation shall be increased by more than 3 percent 

6 by any such transfer: Provided, That an appropriation 

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

8 to approval by the House and Senate Committees on Ap9 propriations: Provided further, That the Appropriations 

10 Committees of both Houses of Congress are notified at 

11 least 15 days in advance of any transfer. 

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

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

14 Research, may transfer up to 3 percent among institutes 

15 and centers from the total amounts identified by these two 

16 Directors as funding for research pertaining to the human 

17 immunodeficiency virus: Provided, That the Congress is 

18 promptly notified of the transfer. 

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

20 for the National Institutes of Health, the amount for re21 search related to the human immunodeficiency virus, as 

22 jointly determined by the Director of the National Insti23 tutes of Health and the Director of the Office of AIDS 

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

25 Research’’ account. The Director of the Office of AIDS 
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1 Research shall transfer from such account amounts nec2 essary to carry out section 2353(d)(3) of the Public 

3 Health Service Act. 

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

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

6 Public Health Service Act unless the applicant for the 

7 award certifies to the Secretary that it encourages family 

8 participation in the decision of minors to seek family plan9 ning services and that it provides counseling to minors on 

10 how to resist attempts to coerce minors into engaging in 

11 sexual activities. 

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

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

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

15 Secretary denies participation in such program to an oth16 erwise eligible entity (including a Provider Sponsored Or17 ganization) because the entity informs the Secretary that 

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

19 referrals for abortions: Provided, That the Secretary shall 

20 make appropriate prospective adjustments to the capita21 tion payment to such an entity (based on an actuarially 

22 sound estimate of the expected costs of providing the serv23 ice to such entity’s enrollees): Provided further, That noth24 ing in this section shall be construed to change the Medi25 care program’s coverage for such services and a 
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1 Medicare+Choice organization described in this section 

2 shall be responsible for informing enrollees where to obtain 

3 information about all Medicare covered services. 

4 SEC. 213. Notwithstanding any other provision of 

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

6 Health Service Act shall be exempt from any State law 

7 requiring notification or the reporting of child abuse, child 

8 molestation, sexual abuse, rape, or incest. 

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

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

11 to withhold substance abuse funding from a State pursu12 ant to section 1926 of the Public Health Service Act (42 

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

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

15 State will commit additional State funds, in accordance 

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

17 prohibiting the sale of tobacco products to individuals 

18 under 18 years of age. 

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

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

21 State’s substance abuse block grant allocation for each 

22 percentage point by which the State misses the retailer 

23 compliance rate goal established by the Secretary of 

24 Health and Human Services under section 1926 of such 

25 Act. 
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1 (c) The State is to maintain State expenditures in 

2 fiscal year 2005 for tobacco prevention programs and for 

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

4 level of such expenditures maintained by the State for fis5 cal year 2004, and adding to that level the additional 

6 funds for tobacco compliance activities required under 

7 subsection (a). The State is to submit a report to the Sec8 retary on all fiscal year 2004 State expenditures and all 

9 fiscal year 2005 obligations for tobacco prevention and 

10 compliance activities by program activity by July 31, 

11 2005. 

12 (d) The Secretary shall exercise discretion in enforc13 ing the timing of the State obligation of the additional 

14 funds required by the certification described in subsection 

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

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

17 be used to withhold substance abuse funding pursuant to 

18 section 1926 from a territory that receives less than 

19 $1,000,000. 

20 SEC. 215. In order for the Centers for Disease Con21 trol and Prevention to carry out international health ac22 tivities, including HIV/AIDS and other infectious disease, 

23 chronic and environmental disease, and other health ac24 tivities abroad during fiscal year 2005, the Secretary of 

25 Health and Human Services—
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1 (1) may exercise authority equivalent to that 

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

3 the State Department Basic Authorities Act of 1956 

4 (22 U.S.C. 2669(c)). The Secretary of Health and 

5 Human Services shall consult with the Secretary of 

6 State and relevant Chief of Mission to ensure that 

7 the authority provided in this section is exercised in 

8 a manner consistent with section 207 of the Foreign 

9 Service Act of 1980 (22 U.S.C. 3927) and other ap10 plicable statutes administered by the Department of 

11 State, and 

12 (2) is authorized to provide such funds by ad13 vance or reimbursement to the Secretary of State as 

14 may be necessary to pay the costs of acquisition, 

15 lease, alteration, renovation, and management of fa16 cilities outside of the United States for the use of 

17 the Department of Health and Human Services. The 

18 Department of State shall cooperate fully with the 

19 Secretary of Health and Human Services to ensure 

20 that the Department of Health and Human Services 

21 has secure, safe, functional facilities that comply 

22 with applicable regulation governing location, set23 back, and other facilities requirements and serve the 

24 purposes established by this Act. The Secretary of 

25 Health and Human Services is authorized, in con-
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1 sultation with the Secretary of State, through grant 

2 or cooperative agreement, to make available to pub3 lic or nonprofit private institutions or agencies in 

4 participating foreign countries, funds to acquire, 

5 lease, alter, or renovate facilities in those countries 

6 as necessary to conduct programs of assistance for 

7 international health activities, including activities re8 lating to HIV/AIDS and other infectious diseases, 

9 chronic and environmental diseases, and other health 

10 activities abroad. 

11 SEC. 216. The Division of Federal Occupational 

12 Health may utilize personal services contracting to employ 

13 professional management/administrative and occupational 

14 health professionals. 

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

16 other provision of law, the Director of the National Insti17 tutes of Health may use funds available under section 

18 402(i) of the Public Health Service Act (42 U.S.C. 282(i)) 

19 to enter into transactions (other than contracts, coopera20 tive agreements, or grants) to carry out research in sup21 port of the NIH Roadmap Initiative of the Director. 

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

23 under subsection (a), the Director of the National Insti24 tutes of Health may utilize such peer review procedures 

25 (including consultation with appropriate scientific experts) 
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1 as the Director determines to be appropriate to obtain as2 sessments of scientific and technical merit. Such proce3 dures shall apply to such transactions in lieu of the peer 

4 review and advisory council review procedures that would 

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

6 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of 

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

8 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). 

9 SEC. 218. The unobligated balance of the funds ap10 propriated by section 1897(g) of the Social Security Act, 

11 as added by section 1016 of the Medicare Prescription 

12 Drug, Improvement, and Modernization Act of 2003 (Pub13 lic Law 108–173), is rescinded. 

14 SEC. 219. (a) CMS PROGRAM MANAGEMENT AC15 COUNT.—The amount otherwise provided by this Act for 

16 ‘‘Centers for Medicare and Medicaid Services—Program 

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

18 (b) MEDICARE CLAIMS PROCESSING FEE.—

19 (1) IN GENERAL.—Notwithstanding section 

20 1842(c)(4) of the Social Security Act, each claim 

21 submitted by an individual or entity furnishing items 

22 or services for which payment may be made under 

23 part A or part B of title XVIII of such Act is sub24 ject to a processing fee of $5.00 if the claim—
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1 (A) duplicates, in whole or in part, another 

2 claim submitted by the same individual or enti3 ty; or 

4 (B) is a claim that cannot be processed 

5 and must be returned by the medicare claims 

6 processing contractor involved to the individual 

7 or entity for completion or correction. 

8 (2) DEDUCTION AND TRANSFER.—The Sec9 retary of Health and Human Services shall deduct 

10 any fees assessed pursuant to paragraph (1) against 

11 an individual or entity from amounts otherwise pay12 able from a trust fund under such title to such indi13 vidual or entity, and shall transfer the amount so 

14 deducted from such trust fund to the Program Man15 agement account of the Centers for Medicare & 

16 Medicaid Services. 

17 (3) AVAILABILITY.—Fees collected under this 

18 subsection shall remain available until expended. 

19 (4) WAIVER AUTHORITY.—The Secretary of 

20 Health and Human Services may provide for waiver 

21 of fees for claims described in paragraph (2) in 

22 cases of such compelling circumstances as the Sec23 retary may determine. 

24 (5) EXCLUSION OF FEES IN ALLOWABLE

25 COSTS.—An entity may not include a fee assessed 
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1 pursuant to this subsection as an allowable item on 

2 a cost report under the Social Security Act. 

3 (6) EFFECTIVE DATE.—This subsection shall 

4 apply to claims referred to in paragraph (1) sub5 mitted on or after a date, specified by the Secretary 

6 of Health and Human Services, that is not later 

7 than 3 months after the date of the enactment of 

8 this Act. 

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

10 ‘‘Centers for Disease Control and Prevention—Disease 

11 Control Research and Training’’ is hereby reduced by 

12 $15,000,000, to be derived from the amounts made avail13 able for administrative and related information technology 

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

15 Disease Control and Prevention shall determine the alloca16 tion of the reduction among Agency activities, and shall 

17 submit to the Committees on Appropriations a report 

18 specifying the proposed allocation. 

19 SEC. 221. LIMITATION ON USE OF FUNDS; STUDY.

20 (a) LIMITATION ON FUNDS.—Notwithstanding any 

21 other provision of law, none of the funds appropriated by 

22 this Act or any other Act may be expended by the Sec23 retary of Health and Human Services or by a medicare 

24 fiscal intermediary or administrative contractor—
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1 (1) to apply the criteria (commonly known as 

2 the ‘‘75 percent rule’’) that are used to determine 

3 whether a hospital or unit of a hospital is an inpa4 tient rehabilitation facility (as defined in Depart5 ment of Health and Human Services, Centers for 

6 Medicare and Medicaid Services, ‘‘Medicare Pro7 gram; Final Rule; Changes to the Criteria for Being 

8 Classified as an Inpatient Rehabilitation Facility’’, 

9 69 Federal Register 25751 et seq. (May 7, 2004), 

10 and any accompanying CMS Manual System Trans11 mittals (including, but not limited to, Transmittal 

12 221 and any change request pursuant to such rule) 

13 for purposes of the medicare program; 

14 (2) to compile facility data pertaining to compli15 ance with such 75 percent rule or enforce such rule; 

16 or 

17 (3) to utilize or apply any existing or new local 

18 medical review policy, local coverage determination, 

19 or national coverage determination with respect to 

20 medical necessity standards for inpatient rehabilita21 tion facilities under the medicare program; 

22 until the date that is 9 months after the date on which 

23 the report required by subsection (b)(3) is transmitted to 

24 the Secretary and the Congress. 
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1 (b) STUDY AND REPORT.—(1) The Secretary of 

2 Health and Human Services shall contract with the Insti3 tute of Medicine of the National Academy of Sciences to 

4 study and make recommendations (and submit a report 

5 under paragraph (3)) on—

6 (A) a clinical consensus on how to modernize 

7 the medicare criteria used to distinguish an inpa8 tient rehabilitation facility from an acute care hos9 pital and other providers of intensive medical reha10 bilitation; and 

11 (B) the appropriate medical necessity criteria 

12 for determining clinical appropriateness of inpatient 

13 rehabilitation facility admissions, with due consider14 ation being given to chapter 1, section 110 of the 

15 Medicare Benefit Policy Manual, the current capa16 bilities of treatments and modalities performed by 

17 acute and post-acute providers, and the combined 

18 medical and functional needs of patients. 

19 (2) Under such contract the Institute shall use a 

20 panel that includes a multi-disciplinary group of expert re21 searchers and clinicians in the field of medical rehabilita22 tion. 

23 (3) Under such contract the Institute shall submit 

24 a report to the Secretary and the Congress on the study 
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1 and recommendations described in paragraph (1) not later 

2 than October 1, 2005. 

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

4 may be used to impede the exchange of information be5 tween the Office of the Actuary of the Centers for Medi6 care & Medicaid Services and Congress, including its 

7 members, committees, and staff. 

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

9 and Human Services Appropriations Act, 2005’’. 

10 TITLE III—DEPARTMENT OF EDUCATION 

11 EDUCATION FOR THE DISADVANTAGED

12 For carrying out title I of the Elementary and Sec13 ondary Education Act of 1965 (‘‘ESEA’’) and section 

14 418A of the Higher Education Act of 1965, 

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

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

17 through September 30, 2006, and of which 

18 $7,383,301,000 shall become available on October 1, 

19 2005, and shall remain available through September 30, 

20 2006, for academic year 2005–2006: Provided, That 

21 $7,037,592,000 shall be available for basic grants under 

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

23 these funds shall be available to the Secretary of Edu24 cation on October 1, 2004, to obtain annually updated 

25 educational-agency-level census poverty data from the Bu-
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1 reau of the Census: Provided further, That 

2 $1,365,031,000 shall be available for concentration grants 

3 under section 1124A: Provided further, That 

4 $2,469,843,000 shall be available for targeted grants 

5 under section 1125: Provided further, That 

6 $2,469,843,000 shall be available for education finance in7 centive grants under section 1125A: Provided further,

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

9 school reform grants under part F of the ESEA. 

10 IMPACT AID

11 For carrying out programs of financial assistance to 

12 federally affected schools authorized by title VIII of the 

13 Elementary and Secondary Education Act of 1965, 

14 $1,250,893,000, of which $1,083,687,000 shall be for 

15 basic support payments under section 8003(b), 

16 $50,369,000 shall be for payments for children with dis17 abilities under section 8003(d), $45,936,000 shall be for 

18 construction under section 8007 and shall remain avail19 able through September 30, 2006, $63,000,000 shall be 

20 for Federal property payments under section 8002, and 

21 $7,901,000, to remain available until expended, shall be 

22 for facilities maintenance under section 8008: Provided,

23 That for purposes of computing the amount of a payment 

24 for an eligible local educational agency under section 

25 8003(a) of the Elementary and Secondary Education Act 
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1 (20 U.S.C. 7703(a)) for school year 2004–2005, children 

2 enrolled in a school of such agency that would otherwise 

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

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

5 legal guardians, or a parent or legal guardian having sole 

6 custody of such children, or due to the death of a military 

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

8 such children reside on Federal property as described in 

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

10 section, shall be considered as eligible students under such 

11 section, provided such students remain in average daily 

12 attendance at a school in the same local educational agen13 cy they attended prior to their change in eligibility status. 

14 SCHOOL IMPROVEMENT PROGRAMS

15 For carrying out school improvement activities au16 thorized by titles II, part B of title IV, subpart 6 of part 

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

18 C of title VII of the Elementary and Secondary Education 

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

20 Assistance Act; section 203 of the Educational Technical 

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

22 section 105(f)(1)(B)(iii) of the Compact of Free Associa23 tion Amendments Act of 2003 (Public Law 108–188), 

24 $5,641,401,000, of which $4,031,016,000 shall become 

25 available on July 1, 2005, and remain available through 
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1 September 30, 2006, and of which $1,435,000,000 shall 

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

3 available through September 30, 2006, for academic year 

4 2005–2006: Provided, That $410,000,000 shall be for 

5 subpart 1 of part A of title VI of the ESEA: Provided 

6 further, That $68,394,000 shall be available to carry out 

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

8 Educational Technical Assistance Act of 2002: Provided 

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

10 the Supplemental Education Grants program for the Fed11 erated States of Micronesia, and $6,100,000 shall be avail12 able to carry out the Supplemental Education Grants pro13 gram for the Republic of the Marshall Islands: Provided 

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

15 reserved by the Federated States of Micronesia and the 

16 Republic of the Marshall Islands to administer the Supple17 mental Education Grants programs and to obtain tech18 nical assistance, oversight and consultancy services in the 

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

20 Departments of Labor, Health and Human Services, and 

21 Education for such services: Provided further, That the 

22 amount made available in the Department of Education 

23 Appropriations Act, 2004, under the heading School Im24 provement Programs and including any funds transferred 

25 by the Secretary of Education pursuant to section 304 of 
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1 that Act for state assessment grants authorized under sec2 tion 6111 of the Elementary and Secondary Education 

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

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

5 including any across-the-board reduction that would other6 wise apply, the funds made available for fiscal year 2005 

7 under the heading School Improvement Programs for 

8 state assessment grants under section 6111 of the Ele9 mentary and Secondary Education Act of 1965 shall not 

10 be less than $400,000,000. 

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 This title may be cited as the ‘‘Department of Edu7 cation Appropriations Act, 2005’’. 

8 TITLE IV—RELATED AGENCIES 

9 ARMED FORCES RETIREMENT HOME

10 For expenses necessary for the Armed Forces Retire11 ment Home to operate and maintain the Armed Forces 

12 Retirement Home—Washington and the Armed Forces 

13 Retirement Home—Gulfport, to be paid from funds avail14 able in the Armed Forces Retirement Home Trust Fund, 

15 $61,195,000, of which $4,000,000 shall remain available 

16 until expended for construction and renovation of the 

17 physical plants at the Armed Forces Retirement Home—

18 Washington and the Armed Forces Retirement Home—

19 Gulfport. 

20 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

21 BLIND OR SEVERELY DISABLED

22 For expenses necessary of the Committee for Pur23 chase From People Who Are Blind or Severely Disabled 

24 established by Public Law 92–28, $4,672,000. 
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1 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

2 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

3 EXPENSES

4 For expenses necessary for the Corporation for Na5 tional and Community Service to carry out the provisions 

6 of the Domestic Volunteer Service Act of 1973, as amend7 ed, $353,197,000: Provided, That none of the funds made 

8 available to the Corporation for National and Community 

9 Service in this Act for activities authorized by section 122 

10 of part C of title I and part E of title II of the Domestic 

11 Volunteer Service Act of 1973 shall be used to provide 

12 stipends or other monetary incentives to volunteers or vol13 unteer leaders whose incomes exceed 125 percent of the 

14 national poverty level. 

15 CORPORATION FOR PUBLIC BROADCASTING

16 For payment to the Corporation for Public Broad17 casting, as authorized by the Communications Act of 

18 1934, an amount which shall be available within limita19 tions specified by that Act, for the fiscal year 2007, 

20 $400,000,000: Provided, That no funds made available to 

21 the Corporation for Public Broadcasting by this Act shall 

22 be used to pay for receptions, parties, or similar forms 

23 of entertainment for Government officials or employees: 

24 Provided further, That none of the funds contained in this 

25 paragraph shall be available or used to aid or support any 
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1 program or activity from which any person is excluded, 

2 or is denied benefits, or is discriminated against, on the 

3 basis of race, color, national origin, religion, or sex. 

4 Of the amounts made available to the Corporation for 

5 Public Broadcasting for fiscal year 2005 by Public Law 

6 108–7, up to $20,000,000 is available for grants associ7 ated with the transition of public broadcasting to digital 

8 broadcasting, including costs related to transmission 

9 equipment and program production, development, and dis10 tribution, to be awarded as determinded by the Corpora11 tion in consultation with public radio and television licens12 ees or permittees, or their designated representatives; and 

13 up to $60,000,000 is available pursuant to section 

14 396(k)(10) of the Communications Act of 1934, as 

15 amended, for replacement and upgrade of the public tele16 vision interconnection system: Provided, That section 

17 396(k)(3) shall apply only to amounts remaining after al18 locations made herein. 

19 FEDERAL MEDIATION AND CONCILIATION SERVICE

20 SALARIES AND EXPENSES

21 For expenses necessary for the Federal Mediation 

22 and Conciliation Service to carry out the functions vested 

23 in it by the Labor Management Relations Act, 1947 (29 

24 U.S.C. 171–180, 182–183), including hire of passenger 

25 motor vehicles; for expenses necessary for the Labor-Man-
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1 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

2 for expenses necessary for the Service to carry out the 

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

4 Public Law 95–454 (5 U.S.C. ch. 71), $43,964,000, in5 cluding $1,500,000, to remain available through Sep6 tember 30, 2006, for activities authorized by the Labor7 Management Cooperation Act of 1978 (29 U.S.C. 175a): 

8 Provided, That notwithstanding 31 U.S.C. 3302, fees 

9 charged, up to full-cost recovery, for special training ac10 tivities and other conflict resolution services and technical 

11 assistance, including those provided to foreign govern12 ments and international organizations, and for arbitration 

13 services shall be credited to and merged with this account, 

14 and shall remain available until expended: Provided fur15 ther, That fees for arbitration services shall be available 

16 only for education, training, and professional development 

17 of the agency workforce: Provided further, That the Direc18 tor of the Service is authorized to accept and use on behalf 

19 of the United States gifts of services and real, personal, 

20 or other property in the aid of any projects or functions 

21 within the Director’s jurisdiction. 
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1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety 

5 and Health Review Commission (30 U.S.C. 801 et seq.), 

6 $7,813,000. 

7 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

8 For carrying out the Museum and Library Services 

9 Act of 1996, $261,743,000, to remain available until ex10 pended. 

11 MEDICARE PAYMENT ADVISORY COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary to carry out section 1805 of 

14 the Social Security Act, $9,905,000, to be transferred to 

15 this appropriation from the Federal Hospital Insurance 

16 and the Federal Supplementary Medical Insurance Trust 

17 Funds. 

18 NATIONAL COMMISSION ON LIBRARIES AND

19 INFORMATION SCIENCE

20 SALARIES AND EXPENSES

21 For necessary expenses for the National Commission 

22 on Libraries and Information Science, established by the 

23 Act of July 20, 1970 (Public Law 91–345, as amended), 

24 $1,000,000. 
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1 NATIONAL COUNCIL ON DISABILITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Council on 

4 Disability as authorized by title IV of the Rehabilitation 

5 Act of 1973, as amended, $2,873,000. 

6 NATIONAL LABOR RELATIONS BOARD

7 SALARIES AND EXPENSES

8 For expenses necessary for the National Labor Rela9 tions Board to carry out the functions vested in it by the 

10 Labor-Management Relations Act, 1947, as amended (29 

11 U.S.C. 141–167), and other laws, $248,785,000: Pro12 vided, That no part of this appropriation shall be available 

13 to organize or assist in organizing agricultural laborers or 

14 used in connection with investigations, hearings, direc15 tives, or orders concerning bargaining units composed of 

16 agricultural laborers as referred to in section 2(3) of the 

17 Act of July 5, 1935 (29 U.S.C. 152), and as amended 

18 by the Labor-Management Relations Act, 1947, as amend19 ed, and as defined in section 3(f) of the Act of June 25, 

20 1938 (29 U.S.C. 203), and including in said definition em21 ployees engaged in the maintenance and operation of 

22 ditches, canals, reservoirs, and waterways when main23 tained or operated on a mutual, nonprofit basis and at 

24 least 95 percent of the water stored or supplied thereby 

25 is used for farming purposes. 
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1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions 

4 of the Railway Labor Act, as amended (45 U.S.C. 151–

5 188), including emergency boards appointed by the Presi6 dent, $11,635,000. 

7 OCCUPATIONAL SAFETY AND HEALTH REVIEW

8 COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary for the Occupational Safety 

11 and Health Review Commission (29 U.S.C. 661), 

12 $10,516,000. 

13 RAILROAD RETIREMENT BOARD

14 DUAL BENEFITS PAYMENTS ACCOUNT

15 For payment to the Dual Benefits Payments Ac16 count, authorized under section 15(d) of the Railroad Re17 tirement Act of 1974, $108,000,000, which shall include 

18 amounts becoming available in fiscal year 2005 pursuant 

19 to section 224(c)(1)(B) of Public Law 98–76; and in addi20 tion, an amount, not to exceed 2 percent of the amount 

21 provided herein, shall be available proportional to the 

22 amount by which the product of recipients and the average 

23 benefit received exceeds $108,000,000: Provided, That the 

24 total amount provided herein shall be credited in 12 ap-
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1 proximately equal amounts on the first day of each month 

2 in the fiscal year. 

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the 

6 Treasury for the payment of benefits under the Railroad 

7 Retirement Act for interest earned on unnegotiated 

8 checks, $150,000, to remain available through September 

9 30, 2006, which shall be the maximum amount available 

10 for payment pursuant to section 417 of Public Law 98–

11 76. 

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement 

14 Board for administration of the Railroad Retirement Act 

15 and the Railroad Unemployment Insurance Act, 

16 $102,202,000, to be derived in such amounts as deter17 mined by the Board from the railroad retirement accounts 

18 and from moneys credited to the railroad unemployment 

19 insurance administration fund. 

20 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector 

22 General for audit, investigatory and review activities, as 

23 authorized by the Inspector General Act of 1978, as 

24 amended, not more than $6,561,000, to be derived from 

25 the railroad retirement accounts and railroad unemploy-
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1 ment insurance account: Provided, That none of the funds 

2 made available in any other paragraph of this Act may 

3 be transferred to the Office; used to carry out any such 

4 transfer; used to provide any office space, equipment, of5 fice supplies, communications facilities or services, mainte6 nance services, or administrative services for the Office; 

7 used to pay any salary, benefit, or award for any personnel 

8 of the Office; used to pay any other operating expense of 

9 the Office; or used to reimburse the Office for any service 

10 provided, or expense incurred, by the Office. 

11 SOCIAL SECURITY ADMINISTRATION

12 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

13 For payment to the Federal Old-Age and Survivors 

14 Insurance and the Federal Disability Insurance trust 

15 funds, as provided under sections 201(m), 228(g), and 

16 1131(b)(2) of the Social Security Act, $20,454,000. 

17 SUPPLEMENTAL SECURITY INCOME PROGRAM

18 For carrying out titles XI and XVI of the Social Se19 curity Act, section 401 of Public Law 92–603, section 212 

20 of Public Law 93–66, as amended, and section 405 of 

21 Public Law 95–216, including payment to the Social Secu22 rity trust funds for administrative expenses incurred pur23 suant to section 201(g)(1) of the Social Security Act, 

24 $28,578,829,000, to remain available until expended: Pro25 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 bal20 ances of funds provided under this paragraph at the end 

21 of fiscal year 2005 not needed for fiscal year 2005 shall 

22 remain available until expended to invest in the Social Se23 curity Administration information technology and tele24 communications hardware and software infrastructure, in25 cluding related equipment and non-payroll administrative 

26 expenses associated solely with this information technology 
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1 and telecommunications infrastructure: Provided further, 

2 That reimbursement to the trust funds under this heading 

3 for expenditures for official time for employees of the So4 cial Security Administration pursuant to section 7131 of 

5 title 5, United States Code, and for facilities or support 

6 services for labor organizations pursuant to policies, regu7 lations, or procedures referred to in section 7135(b) of 

8 such title shall be made by the Secretary of the Treasury, 

9 with interest, from amounts in the general fund not other10 wise appropriated, as soon as possible after such expendi11 tures 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. (a) It is the sense of the Congress that, 

17 to the greatest extent practicable, all equipment and prod18 ucts purchased with funds made available in this Act 

19 should be American-made. 

20 (b) In providing financial assistance to, or entering 

21 into any contract with, any entity using funds made avail22 able in this Act, the head of each Federal agency, to the 

23 greatest extent practicable, shall provide to such entity a 

24 notice describing the statement made in subsection (a) by 

25 the Congress. 
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1 (c) If it has been finally determined by a court or 

2 Federal agency that any person intentionally affixed a 

3 label bearing a ‘‘Made in America’’ inscription, or any in4 scription with the same meaning, to any product sold in 

5 or shipped to the United States that is not made in the 

6 United States, the person shall be ineligible to receive any 

7 contract or subcontract made with funds made available 

8 in this Act, pursuant to the debarment, suspension, and 

9 ineligibility procedures described in sections 9.400 through 

10 9.409 of title 48, Code of Federal Regulations. 

11 SEC. 507. When issuing statements, press releases, 

12 requests for proposals, bid solicitations and other docu13 ments describing projects or programs funded in whole or 

14 in part with Federal money, all grantees receiving Federal 

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

16 State and local governments and recipients of Federal re17 search grants, shall clearly state—

18 (1) the percentage of the total costs of the pro19 gram or project which will be financed with Federal 

20 money; 

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

22 project or program; and 

23 (3) percentage and dollar amount of the total 

24 costs of the project or program that will be financed 

25 by non-governmental sources. 
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1 SEC. 508. (a) None of the funds appropriated under 

2 this Act, and none of the funds in any trust fund to which 

3 funds are appropriated under this Act, shall be expended 

4 for any abortion. 

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

6 and none of the funds in any trust fund to which funds 

7 are appropriated under this Act, shall be expended for 

8 health benefits coverage that includes coverage of abor9 tion. 

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

11 package of services covered by a managed care provider 

12 or organization pursuant to a contract or other arrange13 ment. 

14 SEC. 509. (a) The limitations established in the pre15 ceding section shall not apply to an abortion—

16 (1) if the pregnancy is the result of an act of 

17 rape or incest; or 

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

19 physical disorder, physical injury, or physical illness, 

20 including a life-endangering physical condition 

21 caused by or arising from the pregnancy itself, that 

22 would, as certified by a physician, place the woman 

23 in danger of death unless an abortion is performed. 

24 (b) Nothing in the preceding section shall be con25 strued as prohibiting the expenditure by a State, locality, 
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1 entity, or private person of State, local, or private funds 

2 (other than a State’s or locality’s contribution of Medicaid 

3 matching funds). 

4 (c) Nothing in the preceding section shall be con5 strued as restricting the ability of any managed care pro6 vider from offering abortion coverage or the ability of a 

7 State or locality to contract separately with such a pro8 vider for such coverage with State funds (other than a 

9 State’s or locality’s contribution of Medicaid matching 

10 funds). 

11 (d)(1) None of the funds made available in this Act 

12 may be made available to a Federal agency or program, 

13 or to a State or local government, if such agency, program, 

14 or government subjects any institutional or individual 

15 health care entity to discrimination on the basis that the 

16 health care entity does not provide, pay for, provide cov17 erage of, or refer for abortions. 

18 (2) In this subsection, the term ‘‘health care entity’’ 

19 includes an individual physician or other health care pro20 fessional, a hospital, a provider-sponsored organization, a 

21 health maintenance organization, a health insurance plan, 

22 or any other kind of health care facility, organization, or 

23 plan. 

24 SEC. 510. (a) None of the funds made available in 

25 this Act may be used for—
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1 (1) the creation of a human embryo or embryos 

2 for research purposes; or 

3 (2) research in which a human embryo or em4 bryos are destroyed, discarded, or knowingly sub5 jected to risk of injury or death greater than that 

6 allowed for research on fetuses in utero under 45 

7 CFR 46.208(a)(2) and section 498(b) of the Public 

8 Health Service Act (42 U.S.C. 289g(b)). 

9 (b) For purposes of this section, the term ‘‘human 

10 embryo or embryos’’ includes any organism, not protected 

11 as a human subject under 45 CFR 46 as of the date of 

12 the enactment of this Act, that is derived by fertilization, 

13 parthenogenesis, cloning, or any other means from one or 

14 more human gametes or human diploid cells. 

15 SEC. 511. (a) None of the funds made available in 

16 this Act may be used for any activity that promotes the 

17 legalization of any drug or other substance included in 

18 schedule I of the schedules of controlled substances estab19 lished by section 202 of the Controlled Substances Act (21 

20 U.S.C. 812). 

21 (b) The limitation in subsection (a) shall not apply 

22 when there is significant medical evidence of a therapeutic 

23 advantage to the use of such drug or other substance or 

24 that federally sponsored clinical trials are being conducted 

25 to determine therapeutic advantage. 
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1 SEC. 512. None of the funds made available in this 

2 Act may be obligated or expended to enter into or renew 

3 a contract with an entity if—

4 (1) such entity is otherwise a contractor with 

5 the United States and is subject to the requirement 

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

7 regarding submission of an annual report to the Sec8 retary of Labor concerning employment of certain 

9 veterans; and 

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

11 required by that section for the most recent year for 

12 which such requirement was applicable to such enti13 ty. 

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

15 Act may be used to promulgate or adopt any final stand16 ard under section 1173(b) of the Social Security Act (42 

17 U.S.C. 1320d–2(b)) providing for, or providing for the as18 signment of, a unique health identifier for an individual 

19 (except in an individual’s capacity as an employer or a 

20 health care provider), until legislation is enacted specifi21 cally approving the standard. 

22 SEC. 514. None of the funds made available in this 

23 Act may be transferred to any department, agency, or in24 strumentality of the United States Government, except 
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1 pursuant to a transfer made by, or transfer authority pro2 vided in, this Act or any other appropriation Act. 

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

4 Act to carry out the Library Services and Technology Act 

5 may be made available to any library covered by para6 graph (1) of section 224(f) of such Act (20 U.S.C. 

7 9134(f)), as amended by the Children’s Internet Protec8 tions Act, unless such library has made the certifications 

9 required by paragraph (4) of such section. 

10 SEC. 516. None of the funds made available by this 

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

12 Secondary Education Act of 1965 may be made available 

13 to any elementary or secondary school covered by para14 graph (1) of section 2441(a) of such Act (20 U.S.C. 

15 6777(a)), as amended by the Children’s Internet Protec16 tions Act and the No Child Left Behind Act, unless the 

17 local educational agency with responsibility for such cov18 ered school has made the certifications required by para19 graph (2) of such section. 

20 SEC. 517. None of the funds appropriated in this Act 

21 may be used to enter into an arrangement under section 

22 7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C. 

23 231f(b)(4)) with a nongovernmental financial institution 

24 to serve as disbursing agent for benefits payable under 

25 the Railroad Retirement Act of 1974. 
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1 SEC. 518. (a) None of the funds provided under this 

2 Act, or provided under previous appropriations Acts to the 

3 agencies funded by this Act that remain available for obli4 gation or expenditure in fiscal year 2005, or provided from 

5 any accounts in the Treasury of the United States derived 

6 by the collection of fees available to the agencies funded 

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

8 through a reprogramming of funds that— 

9 (1) creates new programs; 

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

11 (3) increases funds or personnel by any means 

12 for any project or activity for which funds have been 

13 denied or restricted; 

14 (4) relocates an office or employees; 

15 (5) reorganizes or renames offices; 

16 (6) reorganizes programs or activities; or 

17 (7) contracts out or privatizes any functions or 

18 activities presently performed by Federal employees; 

19 unless the Appropriations Committees of both 

20 Houses of Congress are notified 15 days in advance 

21 of such reprogramming of funds. 

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

23 provided under previous appropriations Acts to the agen24 cies funded by this Act that remain available for obligation 

25 or expenditure in fiscal year 2005, or provided from any 
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1 accounts in the Treasury of the United States derived by 

2 the collection of fees available to the agencies funded by 

3 this Act, shall be available for obligation or expenditure 

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

5 or 10 percent, whichever is less, that— 

6 (1) augments existing programs, projects (in7 cluding construction projects), or activities; 

8 (2) reduces by 10 percent funding for any exist9 ing program, project, or activity, or numbers of per10 sonnel by 10 percent as approved by Congress; or 

11 (3) results from any general savings from a re12 duction in personnel which would result in a change 

13 in existing programs, activities, or projects as ap14 proved by Congress; unless the Appropriations Com15 mittees of both Houses of Congress are notified 15 

16 days in advance of such reprogramming of funds. 

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

18 Health and Human Services, and Education, and Related 

19 Agencies Appropriations Act, 2005’’. 
[FULL COMMITTEE PRINT] 

Union Calendar No. 380

108TH CONGRESS 2D SESSION H. R. 5006

[Report No. 108

–636] 

A BILL

Making appropriations for the Departments of 

poses. ending September 30, 2005, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduSEPTEMBER 7, 2004

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed