II 

108TH CONGRESS 

2D SESSION H. R. 5006 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2004 

Received 

AN ACT 

Making appropriations for the Departments of Labor, Health 

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

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Departments of Labor, Health and Human Services, and 

4 Education, and related agencies for the fiscal year ending 

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

6 TITLE I—DEPARTMENT OF LABOR 

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 (INCLUDING RESCISSION)

10 For necessary expenses of the Workforce Investment 

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

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

13 buildings and other facilities, and the purchase of real 

14 property for training centers as authorized by such Act, 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20 used for demonstration projects that provide assistance to 

21 new entrants in the workforce and incumbent workers: 

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

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

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

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

4 buildings and other facilities, and the purchase of real 

5 property for training centers as authorized by such Act; 

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

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

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

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

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

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

14 Nonimmigrant Petitioner Account that are available to the 

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

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

17 $100,000,000 are rescinded. 

18 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

19 AMERICANS

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

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

22 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

23 For payments during the current fiscal year of trade 

24 adjustment benefit payments and allowances under part 

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

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

2 Act of 1974 (including the benefits and services described 

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

4 Adjustment Assistance Reform Act of 2002, Public Law 

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

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

9 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

10 SERVICE OPERATIONS

11 For authorized administrative expenses, 

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

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

14 which may be used for amortization payments to States 

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

17 expended from the Employment Security Administration 

18 Account in the Unemployment Trust Fund including the 

19 cost of administering section 51 of the Internal Revenue 

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

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

24 sums available in the allocation for activities authorized 

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

2 for necessary administrative expenses for carrying out 5 

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

4 States through December 31, 2005, except that funds 

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

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

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

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

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

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

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

15 that the Average Weekly Insured Unemployment (AWIU) 

16 for fiscal year 2005 is projected by the Department of 

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

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

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

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

22 Fund: Provided further, That funds appropriated in this 

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

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

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

2 grants or agreements with non-State entities: Provided 

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

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

6 the States to fund integrated Employment Service and 

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

9 of Management and Budget Circular A–87. 

10 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

11 OTHER FUNDS

12 For repayable advances to the Unemployment Trust 

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

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

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

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

17 for nonrepayable advances to the Unemployment Trust 

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

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

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

22 In addition, for making repayable advances to the 

23 Black Lung Disability Trust Fund in the current fiscal 

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

2 year, such sums as may be necessary. 

3 PROGRAM ADMINISTRATION

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

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

9 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses for the Employee Benefits 

12 Security Administration, $132,345,000. 

13 PENSION BENEFIT GUARANTY CORPORATION

14 PENSION BENEFIT GUARANTY CORPORATION FUND

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

18 within limits of funds and borrowing authority available 

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

20 such contracts and commitments without regard to fiscal 

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

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

24 including associated administrative expenses, through 

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

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

4 That obligations in excess of such amount may be incurred 

5 after approval by the Office of Management and Budget 

6 and the Committees on Appropriations of the House and 

7 Senate. 

8 EMPLOYMENT STANDARDS ADMINISTRATION

9 SALARIES AND EXPENSES

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

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

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

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

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

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

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

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

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

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

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

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

4 the United States District Court for the District of the 

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

8 deposit in the Treasury fees for processing applications 

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

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

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

12 and issuing registrations under title I of the Migrant and 

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

14 1801 et seq.). 

15 SPECIAL BENEFITS

16 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

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

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

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

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

5 the subsequent year appropriation for the payment of 

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

8 amounts appropriated may be used under section 8104 of 

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

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

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

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

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

16 in addition there shall be transferred to this appropriation 

17 from the Postal Service and from any other corporation 

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

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

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

21 determines to be the cost of administration for employees 

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

23 Provided further, That of those funds transferred to this 

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

2 follows: 

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

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

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

9 (3) for periodic roll management and medical 

10 review, $13,096,000; and 

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

12 Treasury as miscellaneous receipts: 

13 Provided further, That the Secretary may require that any 

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

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

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

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

19 SPECIAL BENEFITS FOR DISABLED COAL MINERS

20 For carrying out title IV of the Federal Mine Safety 

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

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

23 expended. 

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

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

2 as may be necessary. 

3 For making benefit payments under title IV for the 

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

5 available until expended. 

6 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

7 OCCUPATIONAL ILLNESS COMPENSATION FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to administer the Energy 

10 Employees Occupational Illness Compensation Act, 

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

15 including within the Department of Labor, such sums as 

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

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

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

21 be prescribed. 

22 BLACK LUNG DISABILITY TRUST FUND

23 (INCLUDING TRANSFER OF FUNDS)

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

25 be necessary from the Black Lung Disability Trust Fund, 

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

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

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

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

5 available from the Fund for fiscal year 2005 for expenses 

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

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

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

10 for transfer to Departmental Management, ‘‘Salaries and 

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

13 payments into miscellaneous receipts for the expenses of 

14 the Department of the Treasury. 

15 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses for the Occupational Safety 

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

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

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

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

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

23 of State occupational safety and health programs required 

24 to be incurred under plans approved by the Secretary 

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

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

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

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

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

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

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

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

15 none of the funds appropriated under this paragraph shall 

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

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

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

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

21 Provided further, That no funds appropriated under this 

22 paragraph shall be obligated or expended to administer or 

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

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

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

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

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

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

7 (29 U.S.C. 673), except— 

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

11 (2) to conduct an inspection or investigation in 

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

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

16 any willful violations found; 

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

18 with respect to imminent dangers; 

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

20 with respect to health hazards; 

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

22 with respect to a report of an employment accident 

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

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

4 with respect to complaints of discrimination against 

5 employees for exercising rights under such Act: 

6 Provided further, That the foregoing proviso shall not 

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

8 which does not maintain a temporary labor camp and em9 ploys 10 or fewer employees: Provided further, That none 

10 of the funds appropriated under this paragraph shall be 

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

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

17 MINE SAFETY AND HEALTH ADMINISTRATION

18 SALARIES AND EXPENSES

19 For necessary expenses for the Mine Safety and 

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

21 and bestowal of certificates and trophies in connection 

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

24 may be collected by the National Mine Health and Safety 

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

2 be available for mine safety and health education and 

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

4 in addition, the Mine Safety and Health Administration 

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

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

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

9 buildings, equipment, and other contributions from public 

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

12 Mine Safety and Health Administration is authorized to 

13 promote health and safety education and training in the 

14 mining community through cooperative programs with 

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

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

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

20 BUREAU OF LABOR STATISTICS

21 SALARIES AND EXPENSES

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

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

4 OFFICE OF DISABILITY EMPLOYMENT POLICY

5 SALARIES AND EXPENSES

6 For necessary expenses for the Office of Disability 

7 Employment Policy to provide leadership, develop policy 

8 and initiatives, and award grants furthering the objective 

9 of eliminating barriers to the training and employment of 

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

11 DEPARTMENTAL MANAGEMENT

12 SALARIES AND EXPENSES

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

15 the management or operation, through contracts, grants 

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

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

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

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

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

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

2 capital investment management process to assure a sound 

3 investment strategy, together with not to exceed 

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

5 Security Administration Account in the Unemployment 

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

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

9 of any decision made by the Benefits Review Board under 

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

12 is precluded by the decision of the United States Supreme 

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

15 (1995), notwithstanding any provisions to the contrary 

16 contained in Rule 15 of the Federal Rules of Appellate 

17 Procedure: Provided further, That no funds made available 

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

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

21 appealed and that has been pending before the Benefits 

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

23 That any such decision pending a review by the Benefits 

24 Review Board for more than 1 year shall be considered 

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

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

3 review in the United States courts of appeals: Provided 

4 further, That these provisions shall not be applicable to 

5 the review or appeal of any decision issued under the 

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

7 VETERANS EMPLOYMENT AND TRAINING

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

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

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

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

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

14 the States through December 31, 2005, of which 

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

16 Training Services Institute. To carry out the Homeless 

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

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

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

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

21 30, 2006. 

22 OFFICE OF INSPECTOR GENERAL

23 For salaries and expenses of the Office of Inspector 

24 General in carrying out the provisions of the Inspector 

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

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

2 the Unemployment Trust Fund. 

3 WORKING CAPITAL FUND

4 For the acquisition of a new core accounting system 

5 for the Department of Labor, including hardware and 

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

8 GENERAL PROVISIONS 

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

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

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

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

13 II. 

14 (TRANSFER OF FUNDS)

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

17 Emergency Deficit Control Act of 1985, as amended) 

18 which are appropriated for the current fiscal year for the 

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

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

22 Provided, That the Appropriations Committees of both 

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

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

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

2 of its employees of the National Capital Region is eligible 

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

4 by Executive Order No. 13150. 

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

6 Appropriations Act, 2005’’. 

7 TITLE II—DEPARTMENT OF HEALTH AND 

8 HUMAN SERVICES 

9 HEALTH RESOURCES AND SERVICES ADMINISTRATION

10 HEALTH RESOURCES AND SERVICES

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

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

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

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

15 Security Act, the Health Care Quality Improvement Act 

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

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

18 of 2000, and the Poison Control Center Enhancement and 

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

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

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

22 the Medicare rural hospital flexibility grants program 

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

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

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

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

3 the Health Care Quality Improvement Act of 1986, fees 

4 shall be collected for the full disclosure of information 

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

9 information under the ‘‘Health Care Fraud and Abuse 

10 Data Collection Program’’, authorized by section 

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

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

13 shall remain available until expended to carry out that 

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

15 remain available until expended is available for carrying 

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

17 That of the funds made available under this heading, 

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

19 the Public Health Service Act to provide for voluntary 

20 family planning projects: Provided further, That amounts 

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

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

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1 public support or opposition to any legislative proposal or 

2 candidate for public office: Provided further, That 

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

4 Programs authorized by section 2616 of the Public Health 

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

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

7 amounts available under section 241 of the Public Health 

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

9 XXVI of the Public Health Service Act to fund section 

10 2691 Special Projects of National Significance: Provided 

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

13 for carrying out special projects of regional and national 

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

15 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

16 ACCOUNT

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

22 $3,270,000. 
26 

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1 VACCINE INJURY COMPENSATION PROGRAM TRUST

2 FUND

3 For payments from the Vaccine Injury Compensation 

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

5 claims associated with vaccine-related injury or death with 

6 respect to vaccines administered after September 30, 

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

8 Health Service Act, to remain available until expended: 

9 Provided, That for necessary administrative expenses, not 

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

11 Fund to the Secretary of Health and Human Services. 

12 CENTERS FOR DISEASE CONTROL AND PREVENTION

13 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

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

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

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

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

21 including purchase and insurance of official motor vehicles 

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

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

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

25 equipment, and construction and renovation of facilities, 
27 

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

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

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

5 That in addition to amounts provided herein, the following 

6 amounts shall be available from amounts available under 

7 section 241 of the Public Health Service Act: 

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

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

11 Center for Health Statistics surveys; 

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

14 applications-based research used at local public 

15 health levels; 

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

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

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

21 Provided further, That none of the funds made available 

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

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

25 That the Director may redirect the total amount made 
28 

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

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

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

4 notified promptly of any such transfer: Provided further, 

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

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

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

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

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

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

16 or related contracts for development and construction of 

17 facilities may be employed which collectively include the 

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

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

21 NATIONAL INSTITUTES OF HEALTH

22 NATIONAL CANCER INSTITUTE

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

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

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

3 in Frederick, Maryland. 

4 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

7 and blood diseases, and blood and blood products, 

8 $2,963,953,000. 

9 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

10 RESEARCH

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

13 $394,080,000. 

14 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE

15 AND KIDNEY DISEASES

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

19 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

20 AND STROKE

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

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1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

3 (INCLUDING TRANSFER OF FUNDS)

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

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

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

11 be for extramural facilities construction grants to enhance 

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

13 other agents. 

14 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

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

18 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

19 DEVELOPMENT

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

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

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1 NATIONAL EYE INSTITUTE

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

4 visual disorders, $671,578,000. 

5 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

6 SCIENCES

7 For carrying out sections 301 and 311 and title IV 

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

10 NATIONAL INSTITUTE ON AGING

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

13 $1,055,666,000. 

14 NATIONAL INSTITUTE OF ARTHRITIS AND

15 MUSCULOSKELETAL AND SKIN DISEASES

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

19 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

20 COMMUNICATION DISORDERS

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

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

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1 NATIONAL INSTITUTE OF NURSING RESEARCH

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

4 $139,198,000. 

5 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

6 ALCOHOLISM

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

9 alcoholism, $441,911,000. 

10 NATIONAL INSTITUTE ON DRUG ABUSE

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

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

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

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

17 NATIONAL INSTITUTE OF MENTAL HEALTH

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

20 $1,420,609,000. 

21 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

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

HR 5006 RDS 

1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

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

5 and bioengineering research, $297,647,000. 

6 NATIONAL CENTER FOR RESEARCH RESOURCES

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

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

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

11 recipients of the general research support grants program 

12 any amount for indirect expenses in connection with such 

13 grants. 

14 NATIONAL CENTER FOR COMPLEMENTARY AND

15 ALTERNATIVE MEDICINE

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

18 alternative medicine, $121,116,000. 

19 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

20 DISPARITIES

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

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

HR 5006 RDS 

1 JOHN E. FOGARTY INTERNATIONAL CENTER

2 For carrying out the activities at the John E. 

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

4 NATIONAL LIBRARY OF MEDICINE

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

7 communications, $316,947,000, of which $4,000,000 shall 

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

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

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

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

15 amounts under section 241 of the Act to carry out Na16 tional Information Center on Health Services Research 

17 and Health Care Technology and related health services. 

18 OFFICE OF THE DIRECTOR

19 (INCLUDING TRANSFER OF FUNDS)

20 For carrying out the responsibilities of the Office of 

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

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

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

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

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

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

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

8 Institutes of Health is authorized to collect third party 

9 payments for the cost of clinical services that are incurred 

10 in National Institutes of Health research facilities and 

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

13 all funds credited to the National Institutes of Health 

14 Management Fund shall remain available for 1 fiscal year 

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

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

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

20 of Health Roadmap Initiative: Provided further, That 

21 amounts utilized under the preceding proviso shall be in 

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

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

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

HR 5006 RDS 

1 BUILDINGS AND FACILITIES

2 (INCLUDING TRANSFER OF FUNDS)

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

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

5 National Institutes of Health, including the acquisition of 

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

8 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

9 ADMINISTRATION

10 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

11 For carrying out titles V and XIX of the Public 

12 Health Service Act with respect to substance abuse and 

13 mental health services, the Protection and Advocacy for 

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

15 Health Service Act with respect to program management, 

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

17 provided herein, the following amounts shall be available 

18 from amounts available under section 241 of the Public 

19 Health Service Act: 

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

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

23 data collection and evaluation activities, and further 

24 that the total available under this Act for section 

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

26 amounts appropriated for subpart II of title XIX; 
37 

HR 5006 RDS 

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

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

3 fund section 1920(b) technical assistance, national 

4 data, data collection and evaluation activities, and 

5 further that the total available under this Act for 

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

7 of the amounts appropriated for subpart I of part B 

8 of title XIX; 

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

10 on drug abuse; and 

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

12 programs. 

13 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

14 HEALTHCARE RESEARCH AND QUALITY

15 For carrying out titles III and IX of the Public 

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

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

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

20 and shall remain available until expended: Provided, That 

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

22 the Public Health Service Act shall not exceed 

23 $303,695,000. 
38 

HR 5006 RDS 

1 CENTERS FOR MEDICARE AND MEDICAID SERVICES

2 GRANTS TO STATES FOR MEDICAID

3 For carrying out, except as otherwise provided, titles 

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

5 to remain available until expended. 

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

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

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

10 necessary. 

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

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

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

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

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

18 quarter and approved in that or any subsequent quarter. 

19 PAYMENTS TO HEALTH CARE TRUST FUNDS

20 For payment to the Federal Hospital Insurance and 

21 the Federal Supplementary Medical Insurance Trust 

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

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

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

HR 5006 RDS 

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

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

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

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

6 for fiscal year 2006. 

7 PROGRAM MANAGEMENT

8 For carrying out, except as otherwise provided, titles 

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

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

11 the Clinical Laboratory Improvement Amendments of 

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

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

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

16 all funds collected in accordance with section 353 of the 

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

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

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

20 remain available until expended: Provided, That all funds 

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

23 Service Act shall be credited to and available for carrying 

24 out the purposes of this appropriation: Provided further, 

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

HR 5006 RDS 

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

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

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

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

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

11 Medicare+Choice organizations pursuant to section 

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

13 organizations with risk-sharing contracts under section 

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

15 that Act: Provided further, That the aggregate amount 

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

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

20 in such manner as the Administrator of the Centers for 

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

HR 5006 RDS 

1 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

2 GUARANTEE FUND

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

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

6 guarantees under title XIII of the Public Health Service 

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

8 payment of outstanding obligations. During fiscal year 

9 2005, no commitments for direct loans or loan guarantees 

10 shall be made. 

11 ADMINISTRATION FOR CHILDREN AND FAMILIES

12 PAYMENTS TO STATES FOR CHILD SUPPORT

13 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

14 For making payments to States or other non-Federal 

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

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

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

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

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

20 expended. 

21 For making payments to each State for carrying out 

22 the program of Aid to Families with Dependent Children 

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

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

HR 5006 RDS 

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

2 amounts available to a State with respect to expenditures 

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

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

7 section 116(b) of such Act. 

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

9 payments to States or other non-Federal entities under 

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

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

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

14 as may be necessary. 

15 LOW-INCOME HOME ENERGY ASSISTANCE

16 (INCLUDING TRANSFER OF FUNDS)

17 For carrying out low-income home energy assistance 

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

19 Provided, That of the total amount provided under this 

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

21 be for the low-income home energy assistance program 

22 under title XXVI of the Omnibus Budget Reconciliation 

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

24 That of the total amount provided under this heading, 

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

HR 5006 RDS 

1 for the low-income home energy assistance program under 

2 title XXVI of the Omnibus Budget Reconciliation Act of 

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

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

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

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

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

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

10 Energy for the weatherization assistance program under 

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

14 REFUGEE AND ENTRANT ASSISTANCE

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

17 and placement of unaccompanied alien children authorized 

18 by title IV of the Immigration and Nationality Act and 

19 section 501 of the Refugee Education Assistance Act of 

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

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

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

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

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

HR 5006 RDS 

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

3 Nationality Act and section 462 of the Homeland Security 

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

5 costs of assistance provided and other activities to remain 

6 available through September 30, 2007. 

7 PAYMENTS TO STATES FOR THE CHILD CARE AND

8 DEVELOPMENT BLOCK GRANT

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

10 Omnibus Budget Reconciliation Act of 1981 (The Child 

11 Care and Development Block Grant Act of 1990), 

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

13 state general revenue funds for child care assistance for 

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

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

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

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

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

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

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

HR 5006 RDS 

1 SOCIAL SERVICES BLOCK GRANT

2 For making grants to States pursuant to section 

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

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

6 under such subparagraph for a State to carry out State 

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

8 percent. 

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 For carrying out, except as otherwise provided, the 

11 Runaway and Homeless Youth Act, the Developmental 

12 Disabilities Assistance and Bill of Rights Act, the Head 

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

14 sections 310 and 316 of the Family Violence Prevention 

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

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

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

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

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

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

24 103–322; for making payments under the Community 

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

HR 5006 RDS 

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

2 Law 105–285, and for necessary administrative expenses 

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

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

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

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

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

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

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

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

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

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

15 made for adoptions completed before September 30, 2005: 

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

17 payments under the Head Start Act, of which 

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

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

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

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

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

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

HR 5006 RDS 

1 from amounts available under section 241 of the Public 

2 Health Service Act to carry out the provisions of section 

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

4 to the extent Community Services Block Grant funds are 

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

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

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

9 entity consistent with program purposes: Provided further, 

10 That the Secretary shall establish procedures regarding 

11 the disposition of intangible property which permits grant 

12 funds, or intangible assets acquired with funds authorized 

13 under section 680 of the Community Services Block Grant 

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

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

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

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

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

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

24 grants to charitable organizations to emulate model social 

25 service programs and to encourage research on the best 
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1 practices of social service organizations: Provided further, 

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

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

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

6 payments to States for protection and advocacy systems 

7 for voters with disabilities: Provided further, That 

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

9 provide abstinence education (as defined by section 

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

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

13 shall be made only to public and private entities which 

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

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

18 of an entity expressly required by law to provide health 

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

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

22 abstinence education was provided: Provided further, That 

23 within amounts provided herein for abstinence education 

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

25 a national abstinence education campaign: Provided fur-
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1 ther, That in addition to amounts provided herein for ab2 stinence education for adolescents, $4,500,000 shall be 

3 available from amounts available under section 241 of the 

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

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

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

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

10 PROMOTING SAFE AND STABLE FAMILIES

11 For carrying out section 436 of the Social Security 

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

13 PAYMENTS TO STATES FOR FOSTER CARE AND

14 ADOPTION ASSISTANCE

15 For making payments to States or other non-Federal 

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

17 $5,037,900,000. 

18 For making payments to States or other non-Federal 

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

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

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

22 payments to States or other non-Federal entities under 

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

24 current fiscal year for unanticipated costs, incurred for the 

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

2 AGING SERVICES PROGRAMS

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

5 section 398 of the Public Health Service Act, 

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

7 activities regarding medication management, screening, 

8 and education to prevent incorrect medication and adverse 

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

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

11 Conference on Aging. 

12 OFFICE OF THE SECRETARY

13 GENERAL DEPARTMENTAL MANAGEMENT

14 For necessary expenses, not otherwise provided, for 

15 general departmental management, including hire of six 

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

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

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

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

24 the funds made available under this heading for carrying 

25 out title XX of the Public Health Service Act, 
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1 $13,120,000 shall be for activities specified under section 

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

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

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

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

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

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

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

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

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

17 Support Act of 2002. 

18 OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector 

20 General, including the hire of passenger motor vehicles for 

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

24 for providing protective services to the Secretary and in-
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1 vestigating non-payment of child support cases for which 

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

3 OFFICE FOR CIVIL RIGHTS

4 For expenses necessary for the Office for Civil 

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

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

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

8 Hospital Insurance Trust Fund and the Supplemental 

9 Medical Insurance Trust Fund. 

10 POLICY RESEARCH

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

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

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

16 to carry out national health or human services research 

17 and evaluation activities: Provided, That the expenditure 

18 of any funds available under section 241 of the Public 

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

21 RETIREMENT PAY AND MEDICAL BENEFITS FOR

22 COMMISSIONED OFFICERS

23 For retirement pay and medical benefits of Public 

24 Health Service Commissioned Officers as authorized by 

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

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

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

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

5 be required during the current fiscal year. The following 

6 are definitions for the medical benefits of the Public 

7 Health Service Commissioned Officers that apply to 10 

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

9 for the monthly accrual payments into the Department of 

10 Defense Medicare-Eligible Retiree Health Care Fund shall 

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

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

14 with retirement payments to United States Public Health 

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

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

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

20 all of which payments are provided for by the Retirement 

21 Pay and Medical Benefits for Commissioned Officers ac22 count. 
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1 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

2 FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses necessary to support activities related 

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

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

8 as follows: Centers for Disease Control and Prevention, 

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

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

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

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

14 both civilian and Commissioned Officers, detailed to 

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

17 for purposes related to homeland security, shall be treated 

18 as non-Federal employees for reporting purposes only and 

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

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

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

24 expended, for the Strategic National Stockpile: Provided, 

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

26 to the Secretary of Health and Human Services the func-
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1 tions, assets, unexpended balances (including those from 

2 appropriations authorized under section 121(3) of Public 

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

4 Strategic National Stockpile, including the functions of 

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

7 deemed appropriate by the Secretary, or when requested 

8 by the Secretary of Homeland Security. 

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

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

13 available until expended. 

14 GENERAL PROVISIONS 

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

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

17 and representation expenses when specifically approved by 

18 the Secretary. 

19 SEC. 202. The Secretary shall make available through 

20 assignment not more than 60 employees of the Public 

21 Health Service to assist in child survival activities and to 

22 work in AIDS programs through and with funds provided 

23 by the Agency for International Development, the United 

24 Nations International Children’s Emergency Fund or the 

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

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

5 103–43. 

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

7 for the National Institutes of Health, the Agency for 

8 Healthcare Research and Quality, and the Substance 

9 Abuse and Mental Health Services Administration shall 

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

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

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

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

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

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

17 II. 

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

19 may be expended pursuant to section 241 of the Public 

20 Health Service Act, except for funds specifically provided 

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

22 by any office located in the Department of Health and 

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

24 submission of a report to the Committee on Appropria-
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1 tions of the Senate and of the House detailing the planned 

2 uses of such funds. 

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

4 Public Health Service Act, such portion as the Secretary 

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

6 amounts appropriated for programs authorized under said 

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

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

10 (TRANSFER OF FUNDS)

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

13 Emergency Deficit Control Act of 1985, as amended) 

14 which are appropriated for the current fiscal year for the 

15 Department of Health and Human Services in this Act 

16 may be transferred between appropriations, but no such 

17 appropriation shall be increased by more than 3 percent 

18 by any such transfer: Provided, That an appropriation 

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

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

22 Committees of both Houses of Congress are notified at 

23 least 15 days in advance of any transfer. 

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

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

26 Research, may transfer up to 3 percent among institutes 
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1 and centers from the total amounts identified by these two 

2 Directors as funding for research pertaining to the human 

3 immunodeficiency virus: Provided, That the Congress is 

4 promptly notified of the transfer. 

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

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

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

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

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

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

14 Health Service Act. 

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

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

17 Public Health Service Act unless the applicant for the 

18 award certifies to the Secretary that it encourages family 

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

21 how to resist attempts to coerce minors into engaging in 

22 sexual activities. 

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

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

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

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

5 referrals for abortions: Provided, That the Secretary shall 

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

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

12 Medicare+Choice organization described in this section 

13 shall be responsible for informing enrollees where to obtain 

14 information about all Medicare covered services. 

15 SEC. 213. Notwithstanding any other provision of 

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

17 Health Service Act shall be exempt from any State law 

18 requiring notification or the reporting of child abuse, child 

19 molestation, sexual abuse, rape, or incest. 

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

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

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

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

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

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

3 prohibiting the sale of tobacco products to individuals 

4 under 18 years of age. 

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

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

7 State’s substance abuse block grant allocation for each 

8 percentage point by which the State misses the retailer 

9 compliance rate goal established by the Secretary of 

10 Health and Human Services under section 1926 of such 

11 Act. 

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

13 fiscal year 2005 for tobacco prevention programs and for 

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

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

17 funds for tobacco compliance activities required under 

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

20 fiscal year 2005 obligations for tobacco prevention and 

21 compliance activities by program activity by July 31, 

22 2005. 

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

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

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

4 be used to withhold substance abuse funding pursuant to 

5 section 1926 from a territory that receives less than 

6 $1,000,000. 

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

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

12 Health and Human Services— 

13 (1) may exercise authority equivalent to that 

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

15 the State Department Basic Authorities Act of 1956 

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

17 Human Services shall consult with the Secretary of 

18 State and relevant Chief of Mission to ensure that 

19 the authority provided in this section is exercised in 

20 a manner consistent with section 207 of the Foreign 

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

23 State, and 

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

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

4 the Department of Health and Human Services. The 

5 Department of State shall cooperate fully with the 

6 Secretary of Health and Human Services to ensure 

7 that the Department of Health and Human Services 

8 has secure, safe, functional facilities that comply 

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

11 purposes established by this Act. The Secretary of 

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

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

16 participating foreign countries, funds to acquire, 

17 lease, alter, or renovate facilities in those countries 

18 as necessary to conduct programs of assistance for 

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

21 chronic and environmental diseases, and other health 

22 activities abroad. 

23 SEC. 216. The Division of Federal Occupational 

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

2 health professionals. 

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

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

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

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

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

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

13 (including consultation with appropriate scientific experts) 

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

17 review and advisory council review procedures that would 

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

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

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

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

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

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

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

5 ‘‘Centers for Medicare and Medicaid Services—Program 

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

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

8 ‘‘Centers for Disease Control and Prevention—Disease 

9 Control Research and Training’’ is hereby reduced by 

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

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

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

15 submit to the Committees on Appropriations a report 

16 specifying the proposed allocation. 

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

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

19 the funds appropriated by this Act may be expended by 

20 the Secretary of Health and Human Services to treat a 

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

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

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

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

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

4 (1) determines that the classification criteria of 

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

7 not inconsistent with such recommendations; or 

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

10 regulation shall be effective and final immediately on 

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

12 regulation. 

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

14 by the Comptroller General of the United States directed 

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

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

19 412.23(b)(2). 

20 (c) The aggregate amount appropriated under title 

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

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

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

2 members, committees, and staff. 

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

4 and Human Services Appropriations Act, 2005’’. 

5 TITLE III—DEPARTMENT OF EDUCATION 

6 EDUCATION FOR THE DISADVANTAGED

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

9 418A of the Higher Education Act of 1965, 

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

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

12 through September 30, 2006, and of which 

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

14 2005, and shall remain available through September 30, 

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

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

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

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

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

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

23 under section 1124A: Provided further, That 

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

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

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

4 school reform grants under part F of the ESEA. 

5 IMPACT AID

6 For carrying out programs of financial assistance to 

7 federally affected schools authorized by title VIII of the 

8 Elementary and Secondary Education Act of 1965, 

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

10 basic support payments under section 8003(b), 

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

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

15 for Federal property payments under section 8002, and 

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

17 for facilities maintenance under section 8008: Provided, 

18 That for purposes of computing the amount of a payment 

19 for an eligible local educational agency under section 

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

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

22 enrolled in a school of such agency that would otherwise 

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

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

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

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

3 such children reside on Federal property as described in 

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

5 section, shall be considered as eligible students under such 

6 section, provided such students remain in average daily 

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

9 SCHOOL IMPROVEMENT PROGRAMS

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

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

13 C of title VII of the Elementary and Secondary Education 

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

15 Assistance Act; section 203 of the Educational Technical 

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

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

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

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

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

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

23 available through September 30, 2006, for academic year 

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

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

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

3 Educational Technical Assistance Act of 2002: Provided 

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

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

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

10 reserved by the Federated States of Micronesia and the 

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

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

15 Departments of Labor, Health and Human Services, and 

16 Education for such services: Provided further, That the 

17 amount made available in the Department of Education 

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

20 by the Secretary of Education pursuant to section 304 of 

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

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

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

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

2 under the heading School Improvement Programs for 

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

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

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

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

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

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

11 INDIAN EDUCATION

12 For expenses necessary to carry out, to the extent 

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

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

15 INNOVATION AND IMPROVEMENT

16 For carrying out activities authorized by part G of 

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

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

19 Elementary and Secondary Education Act of 1965 

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

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

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

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

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

2 Secretary to conduct an evaluation of activities authorized 

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

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

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

6 of title V of the ESEA. 

7 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

8 For carrying out activities authorized by subpart 3 

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

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

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

13 2005 and remain available through September 30, 2006: 

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

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

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

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

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

22 ENGLISH LANGUAGE ACQUISITION

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

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

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

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

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

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

6 SPECIAL EDUCATION

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

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

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

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

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

13 available through September 30, 2006, for academic year 

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

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

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

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

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

22 REHABILITATION SERVICES AND DISABILITY RESEARCH

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

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

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

4 grants shall not exceed 75 percent, and the requirements 

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

6 not apply to such grants. 

7 SPECIAL INSTITUTIONS FOR PERSONS WITH

8 DISABILITIES

9 AMERICAN PRINTING HOUSE FOR THE BLIND

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

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

12 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

13 For the National Technical Institute for the Deaf 

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

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

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

17 available until expended: Provided, That from the total 

18 amount available, the Institute may at its discretion use 

19 funds for the endowment program as authorized under 

20 section 207. 

21 GALLAUDET UNIVERSITY

22 For the Kendall Demonstration Elementary School, 

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

24 support of Gallaudet University under titles I and II of 

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

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

2 funds for the endowment program as authorized under 

3 section 207. 

4 VOCATIONAL AND ADULT EDUCATION

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

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

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

12 available through September 30, 2006, and of which 

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

14 and shall remain available through September 30, 2006: 

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

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

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

21 notwithstanding section 211 of the Adult Education and 

22 Family Literacy Act, 65 percent shall be allocated to 

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

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

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

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

3 experienced growth as measured by the average of the 3 

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

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

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

10 national leadership activities under section 243 and 

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

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

13 shall be available to support the activities authorized 

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

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

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

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

19 of applications, and program outreach activities, and of 

20 which not less than 95 percent shall become available on 

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

22 2006, for grants to local educational agencies: Provided 

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

2 high schools. 

3 STUDENT FINANCIAL ASSISTANCE

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

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

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

7 available through September 30, 2006. 

8 The maximum Pell Grant for which a student shall 

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

10 STUDENT AID ADMINISTRATION

11 For Federal administrative expenses (in addition to 

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

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

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

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

16 HIGHER EDUCATION

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

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

21 of 1992, the Mutual Educational and Cultural Exchange 

22 Act of 1961, and section 117 of the Carl D. Perkins Voca23 tional and Technical Education Act, $1,976,056,000, of 

24 which $1,500,000 for interest subsidies authorized by sec25 tion 121 of the HEA shall remain available until ex-
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1 pended: Provided, That $9,876,000, to remain available 

2 through September 30, 2006, shall be available to fund 

3 fellowships for academic year 2006–2007 under part A, 

4 subpart 1 of title VII of said Act, under the terms and 

5 conditions of part A, subpart 1: Provided further, That 

6 $988,000 is for data collection and evaluation activities 

7 for programs under the HEA, including such activities 

8 needed to comply with the Government Performance and 

9 Results Act of 1993: Provided further, That notwith10 standing any other provision of law, funds made available 

11 in this Act to carry out title VI of the HEA and section 

12 102(b)(6) of the Mutual Educational and Cultural Ex13 change Act of 1961 may be used to support visits and 

14 study in foreign countries by individuals who are partici15 pating in advanced foreign language training and inter16 national studies in areas that are vital to United States 

17 national security and who plan to apply their language 

18 skills and knowledge of these countries in the fields of gov19 ernment, the professions, or international development: 

20 Provided further, That up to one percent of the funds re21 ferred to in the preceding proviso may be used for pro22 gram evaluation, national outreach, and information dis23 semination activities. 
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1 HOWARD UNIVERSITY

2 For partial support of Howard University (20 U.S.C. 

3 121 et seq.), $243,893,000, of which not less than 

4 $3,552,000 shall be for a matching endowment grant pur5 suant to the Howard University Endowment Act (Public 

6 Law 98–480) and shall remain available until expended. 

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM

9 For Federal administrative expenses authorized 

10 under section 121 of the Higher Education Act of 1965, 

11 $578,000 to carry out activities related to existing facility 

12 loans entered into under the Higher Education Act of 

13 1965. 

14 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

15 CAPITAL FINANCING PROGRAM ACCOUNT

16 The aggregate principal amount of outstanding bonds 

17 insured pursuant to section 344 of title III, part D of the 

18 Higher Education Act of 1965, shall not exceed 

19 $357,000,000, and the cost, as defined in section 502 of 

20 the Congressional Budget Act of 1974, of such bonds shall 

21 not exceed zero. 

22 For administrative expenses to carry out the Histori23 cally Black College and University Capital Financing Pro24 gram entered into pursuant to title III, part D of the 

25 Higher Education Act of 1965, as amended, $212,000. 
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1 INSTITUTE OF EDUCATION SCIENCES

2 For carrying out activities authorized by Public Law 

3 107–279 and section 672 of the Individuals with Disabil4 ities Education Act, $526,804,000: Provided, That, of the 

5 amount appropriated, $195,518,000 shall be available for 

6 obligation through September 30, 2006. 

7 DEPARTMENTAL MANAGEMENT

8 PROGRAM ADMINISTRATION

9 For carrying out, to the extent not otherwise pro10 vided, the Department of Education Organization Act, in11 cluding rental of conference rooms in the District of Co12 lumbia and hire of three passenger motor vehicles, 

13 $421,055,000. 

14 OFFICE FOR CIVIL RIGHTS 

15 For expenses necessary for the Office for Civil 

16 Rights, as authorized by section 203 of the Department 

17 of Education Organization Act, $90,248,000. 

18 OFFICE OF THE INSPECTOR GENERAL 

19 For expenses necessary for the Office of the Inspector 

20 General, as authorized by section 212 of the Department 

21 of Education Organization Act, $47,790,000. 

22 GENERAL PROVISIONS 

23 SEC. 301. No funds appropriated in this Act may be 

24 used for the transportation of students or teachers (or for 

25 the purchase of equipment for such transportation) in 
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1 order to overcome racial imbalance in any school or school 

2 system, or for the transportation of students or teachers 

3 (or for the purchase of equipment for such transportation) 

4 in order to carry out a plan of racial desegregation of any 

5 school or school system. 

6 SEC. 302. None of the funds contained in this Act 

7 shall be used to require, directly or indirectly, the trans8 portation of any student to a school other than the school 

9 which is nearest the student’s home, except for a student 

10 requiring special education, to the school offering such 

11 special education, in order to comply with title VI of the 

12 Civil Rights Act of 1964. For the purpose of this section 

13 an indirect requirement of transportation of students in14 cludes the transportation of students to carry out a plan 

15 involving the reorganization of the grade structure of 

16 schools, the pairing of schools, or the clustering of schools, 

17 or any combination of grade restructuring, pairing or clus18 tering. The prohibition described in this section does not 

19 include the establishment of magnet schools. 

20 SEC. 303. No funds appropriated under this Act may 

21 be used to prevent the implementation of programs of vol22 untary prayer and meditation in the public schools. 

23 (TRANSFER OF FUNDS)

24 SEC. 304. Not to exceed 1 percent of any discre25 tionary funds (pursuant to the Balanced Budget and 

26 Emergency Deficit Control Act of 1985, as amended) 
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1 which are appropriated for the Department of Education 

2 in this Act may be transferred between appropriations, but 

3 no such appropriation shall be increased by more than 3 

4 percent by any such transfer: Provided, That the Appro5 priations Committees of both Houses of Congress are noti6 fied at least 15 days in advance of any transfer. 

7 SEC. 305. Section 8002(m) of the Elementary and 

8 Secondary Education Act of 1965 (20 U.S.C. 7702(m)) 

9 is amended by striking ‘‘5 years’’ each place it appears 

10 and inserting ‘‘7 years’’. 

11 SEC. 306. None of the funds appropriated by this Act 

12 shall be available to the Secretary of Education— 

13 (1) to enforce any change or clarification of De14 partment of Education policy with respect to the 

15 Federal Family Education Loan Program Consolida16 tion loans for borrowers with both FFEL and non17 FFEL loans, as provided for in a dear colleague let18 ter of the Secretary’s dated April 29, 2004; or 

19 (2) to issue letters regarding loan verification 

20 certificates to providers of Federal Family Edu21 cation Loan requesting information regarding Wil22 liam D. Ford Direct Student Loans, including Di23 rect Stafford, PLUS, and Consolidation Loans, that 

24 state either of the following: 
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1 (A) We cannot approve the certification 

2 form (s). The borrower has Direct Loans. 

3 (B) We cannot approve the certification 

4 form (s). The borrower has a Direct Consolida5 tion Loan and has no other loans. 

6 SEC. 307. For ‘‘SCHOOL IMPROVEMENT PROGRAMS’’ 

7 for innovative programs, as authorized by part A of title 

8 V of the Elementary and Secondary Education Act of 

9 1965 (20 U.S.C. 7201 et seq.), and the amount otherwise 

10 provided by this Act for ‘‘EDUCATION FOR THE DIS11 ADVANTAGED’’ is hereby reduced by, $20,000,000. 

12 This title may be cited as the ‘‘Department of Edu13 cation Appropriations Act, 2005’’. 

14 TITLE IV—RELATED AGENCIES 

15 ARMED FORCES RETIREMENT HOME

16 For expenses necessary for the Armed Forces Retire17 ment Home to operate and maintain the Armed Forces 

18 Retirement Home—Washington and the Armed Forces 

19 Retirement Home—Gulfport, to be paid from funds avail20 able in the Armed Forces Retirement Home Trust Fund, 

21 $61,195,000, of which $4,000,000 shall remain available 

22 until expended for construction and renovation of the 

23 physical plants at the Armed Forces Retirement Home— 

24 Washington and the Armed Forces Retirement Home— 

25 Gulfport. 
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1 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

2 BLIND OR SEVERELY DISABLED

3 For expenses necessary of the Committee for Pur4 chase From People Who Are Blind or Severely Disabled 

5 established by Public Law 92–28, $4,672,000. 

6 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

7 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

8 EXPENSES

9 For expenses necessary for the Corporation for Na10 tional and Community Service to carry out the provisions 

11 of the Domestic Volunteer Service Act of 1973, as amend12 ed, $353,197,000: Provided, That none of the funds made 

13 available to the Corporation for National and Community 

14 Service in this Act for activities authorized by section 122 

15 of part C of title I and part E of title II of the Domestic 

16 Volunteer Service Act of 1973 shall be used to provide 

17 stipends or other monetary incentives to volunteers or vol18 unteer leaders whose incomes exceed 125 percent of the 

19 national poverty level. 

20 CORPORATION FOR PUBLIC BROADCASTING

21 For payment to the Corporation for Public Broad22 casting, as authorized by the Communications Act of 

23 1934, an amount which shall be available within limita24 tions specified by that Act, for the fiscal year 2007, 

25 $400,000,000: Provided, That no funds made available to 
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1 the Corporation for Public Broadcasting by this Act shall 

2 be used to pay for receptions, parties, or similar forms 

3 of entertainment for Government officials or employees: 

4 Provided further, That none of the funds contained in this 

5 paragraph shall be available or used to aid or support any 

6 program or activity from which any person is excluded, 

7 or is denied benefits, or is discriminated against, on the 

8 basis of race, color, national origin, religion, or sex. 

9 Of the amounts made available to the Corporation for 

10 Public Broadcasting for fiscal year 2005 by Public Law 

11 108–7, up to $20,000,000 is available for grants associ12 ated with the transition of public broadcasting to digital 

13 broadcasting, including costs related to transmission 

14 equipment and program production, development, and dis15 tribution, to be awarded as determined by the Corporation 

16 in consultation with public radio and television licensees 

17 or permittees, or their designated representatives; and up 

18 to $60,000,000 is available pursuant to section 396(k)(10) 

19 of the Communications Act of 1934, as amended, for re20 placement and upgrade of the public television inter21 connection system: Provided, That section 396(k)(3) shall 

22 apply only to amounts remaining after allocations made 

23 herein. 
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1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation 

4 and Conciliation Service to carry out the functions vested 

5 in it by the Labor Management Relations Act, 1947 (29 

6 U.S.C. 171–180, 182–183), including hire of passenger 

7 motor vehicles; for expenses necessary for the Labor-Man8 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

9 for expenses necessary for the Service to carry out the 

10 functions vested in it by the Civil Service Reform Act, 

11 Public Law 95–454 (5 U.S.C. ch. 71), $43,964,000, in12 cluding $1,500,000, to remain available through Sep13 tember 30, 2006, for activities authorized by the Labor14 Management Cooperation Act of 1978 (29 U.S.C. 175a): 

15 Provided, That notwithstanding 31 U.S.C. 3302, fees 

16 charged, up to full-cost recovery, for special training ac17 tivities and other conflict resolution services and technical 

18 assistance, including those provided to foreign govern19 ments and international organizations, and for arbitration 

20 services shall be credited to and merged with this account, 

21 and shall remain available until expended: Provided fur22 ther, That fees for arbitration services shall be available 

23 only for education, training, and professional development 

24 of the agency workforce: Provided further, That the Direc25 tor of the Service is authorized to accept and use on behalf 
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1 of the United States gifts of services and real, personal, 

2 or other property in the aid of any projects or functions 

3 within the Director’s jurisdiction. 

4 FEDERAL MINE SAFETY AND HEALTH REVIEW

5 COMMISSION

6 SALARIES AND EXPENSES

7 For expenses necessary for the Federal Mine Safety 

8 and Health Review Commission (30 U.S.C. 801 et seq.), 

9 $7,813,000. 

10 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

11 For carrying out the Museum and Library Services 

12 Act of 1996, $261,743,000, to remain available until ex13 pended. 

14 MEDICARE PAYMENT ADVISORY COMMISSION

15 SALARIES AND EXPENSES

16 For expenses necessary to carry out section 1805 of 

17 the Social Security Act, $9,905,000, to be transferred to 

18 this appropriation from the Federal Hospital Insurance 

19 and the Federal Supplementary Medical Insurance Trust 

20 Funds. 

21 NATIONAL COMMISSION ON LIBRARIES AND

22 INFORMATION SCIENCE

23 SALARIES AND EXPENSES

24 For necessary expenses for the National Commission 

25 on Libraries and Information Science, established by the 
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1 Act of July 20, 1970 (Public Law 91–345, as amended), 

2 $1,000,000. 

3 NATIONAL COUNCIL ON DISABILITY

4 SALARIES AND EXPENSES

5 For expenses necessary for the National Council on 

6 Disability as authorized by title IV of the Rehabilitation 

7 Act of 1973, as amended, $2,873,000. 

8 NATIONAL LABOR RELATIONS BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Labor Rela11 tions Board to carry out the functions vested in it by the 

12 Labor-Management Relations Act, 1947, as amended (29 

13 U.S.C. 141–167), and other laws, $248,785,000: Pro14 vided, That no part of this appropriation shall be available 

15 to organize or assist in organizing agricultural laborers or 

16 used in connection with investigations, hearings, direc17 tives, or orders concerning bargaining units composed of 

18 agricultural laborers as referred to in section 2(3) of the 

19 Act of July 5, 1935 (29 U.S.C. 152), and as amended 

20 by the Labor-Management Relations Act, 1947, as amend21 ed, and as defined in section 3(f) of the Act of June 25, 

22 1938 (29 U.S.C. 203), and including in said definition em23 ployees engaged in the maintenance and operation of 

24 ditches, canals, reservoirs, and waterways when main25 tained or operated on a mutual, nonprofit basis and at 
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1 least 95 percent of the water stored or supplied thereby 

2 is used for farming purposes. 

3 NATIONAL MEDIATION BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary to carry out the provisions 

6 of the Railway Labor Act, as amended (45 U.S.C. 151– 

7 188), including emergency boards appointed by the Presi8 dent, $11,635,000. 

9 OCCUPATIONAL SAFETY AND HEALTH REVIEW

10 COMMISSION

11 SALARIES AND EXPENSES

12 For expenses necessary for the Occupational Safety 

13 and Health Review Commission (29 U.S.C. 661), 

14 $10,516,000. 

15 RAILROAD RETIREMENT BOARD

16 DUAL BENEFITS PAYMENTS ACCOUNT

17 For payment to the Dual Benefits Payments Ac18 count, authorized under section 15(d) of the Railroad Re19 tirement Act of 1974, $108,000,000, which shall include 

20 amounts becoming available in fiscal year 2005 pursuant 

21 to section 224(c)(1)(B) of Public Law 98–76; and in addi22 tion, an amount, not to exceed 2 percent of the amount 

23 provided herein, shall be available proportional to the 

24 amount by which the product of recipients and the average 

25 benefit received exceeds $108,000,000: Provided, That the 
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1 total amount provided herein shall be credited in 12 ap2 proximately equal amounts on the first day of each month 

3 in the fiscal year. 

4 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

5 ACCOUNTS

6 For payment to the accounts established in the 

7 Treasury for the payment of benefits under the Railroad 

8 Retirement Act for interest earned on unnegotiated 

9 checks, $150,000, to remain available through September 

10 30, 2006, which shall be the maximum amount available 

11 for payment pursuant to section 417 of Public Law 98– 

12 76. 

13 LIMITATION ON ADMINISTRATION

14 For necessary expenses for the Railroad Retirement 

15 Board for administration of the Railroad Retirement Act 

16 and the Railroad Unemployment Insurance Act, 

17 $102,202,000, to be derived in such amounts as deter18 mined by the Board from the railroad retirement accounts 

19 and from moneys credited to the railroad unemployment 

20 insurance administration fund. 

21 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

22 For expenses necessary for the Office of Inspector 

23 General for audit, investigatory and review activities, as 

24 authorized by the Inspector General Act of 1978, as 

25 amended, not more than $6,561,000, to be derived from 
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1 the railroad retirement accounts and railroad unemploy2 ment insurance account: Provided, That none of the funds 

3 made available in any other paragraph of this Act may 

4 be transferred to the Office; used to carry out any such 

5 transfer; used to provide any office space, equipment, of6 fice supplies, communications facilities or services, mainte7 nance services, or administrative services for the Office; 

8 used to pay any salary, benefit, or award for any personnel 

9 of the Office; used to pay any other operating expense of 

10 the Office; or used to reimburse the Office for any service 

11 provided, or expense incurred, by the Office. 

12 SOCIAL SECURITY ADMINISTRATION

13 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

14 For payment to the Federal Old-Age and Survivors 

15 Insurance and the Federal Disability Insurance trust 

16 funds, as provided under sections 201(m), 228(g), and 

17 1131(b)(2) of the Social Security Act, $20,454,000. 

18 SUPPLEMENTAL SECURITY INCOME PROGRAM

19 For carrying out titles XI and XVI of the Social Se20 curity Act, section 401 of Public Law 92–603, section 212 

21 of Public Law 93–66, as amended, and section 405 of 

22 Public Law 95–216, including payment to the Social Secu23 rity trust funds for administrative expenses incurred pur24 suant to section 201(g)(1) of the Social Security Act, 

25 $28,578,829,000, to remain available until expended: Pro26 vided, That any portion of the funds provided to a State 
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1 in the current fiscal year and not obligated by the State 

2 during that year shall be returned to the Treasury. 

3 For making, after June 15 of the current fiscal year, 

4 benefit payments to individuals under title XVI of the So5 cial Security Act, for unanticipated costs incurred for the 

6 current fiscal year, such sums as may be necessary. 

7 For making benefit payments under title XVI of the 

8 Social Security Act for the first quarter of fiscal year 

9 2006, $10,930,000,000, to remain available until ex10 pended. 

11 LIMITATION ON ADMINISTRATIVE EXPENSES

12 For necessary expenses, including the hire of two pas13 senger motor vehicles, and not to exceed $15,000 for offi14 cial reception and representation expenses, not more than 

15 $8,674,100,000 may be expended, as authorized by sec16 tion 201(g)(1) of the Social Security Act, from any one 

17 or all of the trust funds referred to therein: Provided, That 

18 not less than $2,000,000 shall be for the Social Security 

19 Advisory Board: Provided further, That unobligated 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. When issuing statements, press releases, 

17 requests for proposals, bid solicitations and other docu18 ments describing projects or programs funded in whole or 

19 in part with Federal money, all grantees receiving Federal 

20 funds included in this Act, including but not limited to 

21 State and local governments and recipients of Federal re22 search grants, shall clearly state— 

23 (1) the percentage of the total costs of the pro24 gram or project which will be financed with Federal 

25 money; 
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1 (2) the dollar amount of Federal funds for the 

2 project or program; and 

3 (3) percentage and dollar amount of the total 

4 costs of the project or program that will be financed 

5 by non-governmental sources. 

6 SEC. 507. (a) None of the funds appropriated under 

7 this Act, and none of the funds in any trust fund to which 

8 funds are appropriated under this Act, shall be expended 

9 for any abortion. 

10 (b) None of the funds appropriated under this Act, 

11 and none of the funds in any trust fund to which funds 

12 are appropriated under this Act, shall be expended for 

13 health benefits coverage that includes coverage of abor14 tion. 

15 (c) The term ‘‘health benefits coverage’’ means the 

16 package of services covered by a managed care provider 

17 or organization pursuant to a contract or other arrange18 ment. 

19 SEC. 508. (a) The limitations established in the pre20 ceding section shall not apply to an abortion— 

21 (1) if the pregnancy is the result of an act of 

22 rape or incest; or 

23 (2) in the case where a woman suffers from a 

24 physical disorder, physical injury, or physical illness, 

25 including a life-endangering physical condition 
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1 caused by or arising from the pregnancy itself, that 

2 would, as certified by a physician, place the woman 

3 in danger of death unless an abortion is performed. 

4 (b) Nothing in the preceding section shall be con5 strued as prohibiting the expenditure by a State, locality, 

6 entity, or private person of State, local, or private funds 

7 (other than a State’s or locality’s contribution of Medicaid 

8 matching funds). 

9 (c) Nothing in the preceding section shall be con10 strued as restricting the ability of any managed care pro11 vider from offering abortion coverage or the ability of a 

12 State or locality to contract separately with such a pro13 vider for such coverage with State funds (other than a 

14 State’s or locality’s contribution of Medicaid matching 

15 funds). 

16 (d)(1) None of the funds made available in this Act 

17 may be made available to a Federal agency or program, 

18 or to a State or local government, if such agency, program, 

19 or government subjects any institutional or individual 

20 health care entity to discrimination on the basis that the 

21 health care entity does not provide, pay for, provide cov22 erage of, or refer for abortions. 

23 (2) In this subsection, the term ‘‘health care entity’’ 

24 includes an individual physician or other health care pro25 fessional, a hospital, a provider-sponsored organization, a 
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1 health maintenance organization, a health insurance plan, 

2 or any other kind of health care facility, organization, or 

3 plan. 

4 SEC. 509. (a) None of the funds made available in 

5 this Act may be used for— 

6 (1) the creation of a human embryo or embryos 

7 for research purposes; or 

8 (2) research in which a human embryo or em9 bryos are destroyed, discarded, or knowingly sub10 jected to risk of injury or death greater than that 

11 allowed for research on fetuses in utero under 45 

12 CFR 46.208(a)(2) and section 498(b) of the Public 

13 Health Service Act (42 U.S.C. 289g(b)). 

14 (b) For purposes of this section, the term ‘‘human 

15 embryo or embryos’’ includes any organism, not protected 

16 as a human subject under 45 CFR 46 as of the date of 

17 the enactment of this Act, that is derived by fertilization, 

18 parthenogenesis, cloning, or any other means from one or 

19 more human gametes or human diploid cells. 

20 SEC. 510. (a) None of the funds made available in 

21 this Act may be used for any activity that promotes the 

22 legalization of any drug or other substance included in 

23 schedule I of the schedules of controlled substances estab24 lished by section 202 of the Controlled Substances Act (21 

25 U.S.C. 812). 
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1 (b) The limitation in subsection (a) shall not apply 

2 when there is significant medical evidence of a therapeutic 

3 advantage to the use of such drug or other substance or 

4 that federally sponsored clinical trials are being conducted 

5 to determine therapeutic advantage. 

6 SEC. 511. None of the funds made available in this 

7 Act may be obligated or expended to enter into or renew 

8 a contract with an entity if— 

9 (1) such entity is otherwise a contractor with 

10 the United States and is subject to the requirement 

11 in section 4212(d) of title 38, United States Code, 

12 regarding submission of an annual report to the Sec13 retary of Labor concerning employment of certain 

14 veterans; and 

15 (2) such entity has not submitted a report as 

16 required by that section for the most recent year for 

17 which such requirement was applicable to such enti18 ty. 

19 SEC. 512. None of the funds made available in this 

20 Act may be used to promulgate or adopt any final stand21 ard under section 1173(b) of the Social Security Act (42 

22 U.S.C. 1320d–2(b)) providing for, or providing for the as23 signment of, a unique health identifier for an individual 

24 (except in an individual’s capacity as an employer or a 
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1 health care provider), until legislation is enacted specifi2 cally approving the standard. 

3 SEC. 513. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except 

6 pursuant to a transfer made by, or transfer authority pro7 vided in, this Act or any other appropriation Act. 

8 SEC. 514. None of the funds made available by this 

9 Act to carry out the Library Services and Technology Act 

10 may be made available to any library covered by para11 graph (1) of section 224(f) of such Act (20 U.S.C. 

12 9134(f)), as amended by the Children’s Internet Protec13 tions Act, unless such library has made the certifications 

14 required by paragraph (4) of such section. 

15 SEC. 515. None of the funds made available by this 

16 Act to carry out part D of title II of the Elementary and 

17 Secondary Education Act of 1965 may be made available 

18 to any elementary or secondary school covered by para19 graph (1) of section 2441(a) of such Act (20 U.S.C. 

20 6777(a)), as amended by the Children’s Internet Protec21 tions Act and the No Child Left Behind Act, unless the 

22 local educational agency with responsibility for such cov23 ered school has made the certifications required by para24 graph (2) of such section. 
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1 SEC. 516. None of the funds appropriated in this Act 

2 may be used to enter into an arrangement under section 

3 7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C. 

4 231f(b)(4)) with a nongovernmental financial institution 

5 to serve as disbursing agent for benefits payable under 

6 the Railroad Retirement Act of 1974. 

7 SEC. 517. (a) None of the funds provided under this 

8 Act, or provided under previous appropriations Acts to the 

9 agencies funded by this Act that remain available for obli10 gation or expenditure in fiscal year 2005, or provided from 

11 any accounts in the Treasury of the United States derived 

12 by the collection of fees available to the agencies funded 

13 by this Act, shall be available for obligation or expenditure 

14 through a reprogramming of funds that— 

15 (1) creates new programs; 

16 (2) eliminates a program, project, or activity; 

17 (3) increases funds or personnel by any means 

18 for any project or activity for which funds have been 

19 denied or restricted; 

20 (4) relocates an office or employees; 

21 (5) reorganizes or renames offices; 

22 (6) reorganizes programs or activities; or 

23 (7) contracts out or privatizes any functions or 

24 activities presently performed by Federal employees; 

25 unless the Appropriations Committees of both 
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1 Houses of Congress are notified 15 days in advance 

2 of such reprogramming of funds. 

3 (b) None of the funds provided under this Act, or 

4 provided under previous appropriations Acts to the agen5 cies funded by this Act that remain available for obligation 

6 or expenditure in fiscal year 2005, or provided from any 

7 accounts in the Treasury of the United States derived by 

8 the collection of fees available to the agencies funded by 

9 this Act, shall be available for obligation or expenditure 

10 through a reprogramming of funds in excess of $500,000 

11 or 10 percent, whichever is less, that— 

12 (1) augments existing programs, projects (in13 cluding construction projects), or activities; 

14 (2) reduces by 10 percent funding for any exist15 ing program, project, or activity, or numbers of per16 sonnel by 10 percent as approved by Congress; or 

17 (3) results from any general savings from a re18 duction in personnel which would result in a change 

19 in existing programs, activities, or projects as ap20 proved by Congress; unless the Appropriations Com21 mittees of both Houses of Congress are notified 15 

22 days in advance of such reprogramming of funds. 

23 SEC. 518. None of the funds appropriated by this Act 

24 may be used by the Pension Benefit Guaranty Corporation 
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1 to enforce section 4010(c) of the Employee Retirement In2 come Security Act of 1974. 

3 SEC. 519. None of the funds made available in this 

4 Act may be used to send or otherwise pay for the attend5 ance of more than 50 Federal employees from that agency 

6 at any single conference occurring outside the United 

7 States. 

8 SEC. 520. None of the funds made available in this 

9 Act for the National Institute of Mental Health may be 

10 used to fund grant numbers MH054142 and MH064527. 

11 SEC. 521. None of the funds provided in this Act may 

12 be used by the Department of Labor to implement or ad13 minister any change to regulations regarding overtime 

14 compensation (contained in part 541 of title 29, Code of 

15 Federal Regulations) in effect on July 14, 2004, except 

16 those changes in the Department of Labor’s final regula17 tion published in the Federal Register on April 23, 2004 

18 at section 541.600 of such title 29. 

19 SEC. 522. None of the funds appropriated under this 

20 Act may be used by the Secretary of Education to admin21 ister or pay any special allowance under section 

22 438(b)(2)(B) of the Higher Education Act of 1965 (20 

23 U.S.C. 1087–1(b)(2)(B)) pursuant to the provisions of 

24 section 682.302(e)(2) of the regulations of the Depart25 ment of Education (34 CFR 682.302(e)(2)). 
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1 SEC. 523. None of the funds made available under 

2 this Act to the Department of Education may be expended 

3 in contravention of section 505 of the Illegal Immigration 

4 Reform and Responsibility Act of 1996 (8 U.S.C. 1623). 

5 This Act may be cited as the ‘‘Departments of Labor, 

6 Health and Human Services, and Education, and Related 

7 Agencies Appropriations Act, 2005’’. 

Passed the House of Representatives September 9, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.