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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5006 Reported in House (RH)]

                                                 Union Calendar No. 380
108th CONGRESS
  2d Session
                                H. R. 5006

                          [Report No. 108-636]

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2005, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2004

    Mr. Regula, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2005, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    Training and Employment Services

                         (including rescission)

    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
such Act, $2,649,728,000 plus reimbursements; of which $1,642,442,000 
is available for obligation for the period July 1, 2005, through June 
30, 2006, except that amounts determined by the Secretary of Labor to 
be necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act 
shall be available from October 1, 2004, until expended; of which 
$1,000,965,000 is available for obligation for the period April 1, 
2005, through June 30, 2006, to carry out chapter 4 of such Act; and of 
which $6,321,000 is available for the period July 1, 2005, through June 
30, 2008, for necessary expenses of construction, rehabilitation, and 
acquisition of Job Corps centers: Provided, That notwithstanding any 
other provision of law, of the funds provided herein under section 
137(c) of such Act, $301,227,000 shall be for activities described in 
section 132(a)(2)(A) of such Act, and $1,178,192,000 shall be for 
activities described in section 132(a)(2)(B) of such Act: Provided 
further, That $8,000,000 shall be for carrying out section 172 of such 
Act: Provided further, That, notwithstanding any other provision of law 
or related regulation, $76,874,000 shall be for carrying out section 
167 of such Act, including $71,787,000 for formula grants, $4,583,000 
for migrant and seasonal housing (of which not less than 70 percent 
shall be for permanent housing), and $504,000 for other discretionary 
purposes: Provided further, That notwithstanding the transfer 
limitation under section 133(b)(4) of such Act, up to 30 percent of 
such funds may be transferred by a local board if approved by the 
Governor: Provided further, That funds provided to carry out section 
171(d) of such Act may be used for demonstration projects that provide 
assistance to new entrants in the workforce and incumbent workers: 
Provided further, That no funds from any other appropriation shall be 
used to provide meal services at or for Job Corps centers.
    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
such Act; $2,463,000,000 plus reimbursements, of which $2,363,000,000 
is available for obligation for the period October 1, 2005, through 
June 30, 2006, and of which $100,000,000 is available for the period 
October 1, 2005, through June 30, 2008, for necessary expenses of 
construction, rehabilitation, and acquisition of Job Corps centers.
    Of the unobligated funds contained in the H-1 B Nonimmigrant 
Petitioner Account that are available to the Secretary of Labor 
pursuant to section 286(s)(2) of the Immigration and Nationality Act (8 
U.S.C. 1356(s)(2)), $100,000,000 are rescinded.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965, as 
amended, $440,200,000.

              Federal Unemployment Benefits and Allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I and section 246; and for 
training, allowances for job search and relocation, and related State 
administrative expenses under part II of chapter 2, title II of the 
Trade Act of 1974 (including the benefits and services described under 
sections 123(c)(2) and 151 (b) and (c) of the Trade Adjustment 
Assistance Reform Act of 2002, Public Law 107-210), $1,057,300,000, 
together with such amounts as may be necessary to be charged to the 
subsequent appropriation for payments for any period subsequent to 
September 15 of the current year.

     State Unemployment Insurance and Employment Service Operations

    For authorized administrative expenses, $141,934,000, together with 
not to exceed $3,440,914,000 (including not to exceed $1,228,000 which 
may be used for amortization payments to States which had independent 
retirement plans in their State employment service agencies prior to 
1980), which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund including the 
cost of administering section 51 of the Internal Revenue Code of 1986, 
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the 
Trade Act of 1974, as amended, the Immigration Act of 1990, and the 
Immigration and Nationality Act, as amended, and of which the sums 
available in the allocation for activities authorized by title III of 
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums 
available in the allocation for necessary administrative expenses for 
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by 
the States through December 31, 2005, except that funds used for 
automation acquisitions shall be available for obligation by the States 
through September 30, 2007; of which $141,934,000, together with not to 
exceed $672,700,000 of the amount which may be expended from said trust 
fund, shall be available for obligation for the period July 1, 2005, 
through June 30, 2006, to fund activities under the Act of June 6, 
1933, as amended, including the cost of penalty mail authorized under 
39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments 
for such purpose: Provided, That to the extent that the Average Weekly 
Insured Unemployment (AWIU) for fiscal year 2005 is projected by the 
Department of Labor to exceed 3,327,000, an additional $28,600,000 
shall be available for obligation for every 100,000 increase in the 
AWIU level (including a pro rata amount for any increment less than 
100,000) from the Employment Security Administration Account of the 
Unemployment Trust Fund: Provided further, That funds appropriated in 
this Act which are used to establish a national one-stop career center 
system, or which are used to support the national activities of the 
Federal-State unemployment insurance or immigration programs, may be 
obligated in contracts, grants or agreements with non-State entities: 
Provided further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of 
the Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

        Advances to the Unemployment Trust Fund and Other Funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2006, $517,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2005, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         Program Administration

    For expenses of administering employment and training programs, 
$111,375,000, together with not to exceed $57,479,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $132,345,000.

                  Pension Benefit Guaranty Corporation

               Pension Benefit Guaranty Corporation Fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2005, for such Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2005 shall be 
available for obligations for administrative expenses in excess of 
$266,330,000: Provided further, That obligations in excess of such 
amount may be incurred after approval by the Office of Management and 
Budget and the Committees on Appropriations of the House and Senate.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $400,797,000, together with 
$2,021,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That $1,250,000 shall be for the 
development of an alternative system for the electronic submission of 
reports required to be filed under the Labor-Management Reporting and 
Disclosure Act of 1959, as amended, and for a computer database of the 
information for each submission by whatever means, that is indexed and 
easily searchable by the public via the Internet: Provided further, 
That the Secretary of Labor is authorized to accept, retain, and spend, 
until expended, in the name of the Department of Labor, all sums of 
money ordered to be paid to the Secretary of Labor, in accordance with 
the terms of the Consent Judgment in Civil Action No. 91-0027 of the 
United States District Court for the District of the Northern Mariana 
Islands (May 21, 1992): Provided further, That the Secretary of Labor 
is authorized to establish and, in accordance with 31 U.S.C. 3302, 
collect and deposit in the Treasury fees for processing applications 
and issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for 
processing applications and issuing registrations under title I of the 
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
et seq.).

                            Special Benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the heading 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. 
App. 2012); and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $233,000,000, together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That amounts 
appropriated may be used under section 8104 of title 5, United States 
Code, by the Secretary of Labor to reimburse an employer, who is not 
the employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 2004, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary determines to be the cost 
of administration for employees of such fair share entities through 
September 30, 2005: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $39,668,000 
shall be made available to the Secretary as follows:
            (1) for enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $12,351,000;
            (2) for automated workload processing operations, including 
        document imaging, centralized mail intake and medical bill 
        processing, $14,221,000;
            (3) for periodic roll management and medical review, 
        $13,096,000; and
            (4) the remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under chapter 81 of title 5, 
United States Code, or 33 U.S.C. 901 et seq., provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               Special Benefits for Disabled Coal Miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, (the ``Act''), $276,000,000, 
to remain available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2006, $81,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $40,821,000, to remain available 
until expended: Provided, That the Secretary of Labor is authorized to 
transfer to any executive agency with authority under the Energy 
Employees Occupational Illness Compensation Act, including within the 
Department of Labor, such sums as may be necessary in fiscal year 2005 
to carry out those authorities: Provided further, That the Secretary 
may require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.

                    Black Lung Disability Trust Fund

                     (including transfer of funds)

    In fiscal year 2005 and thereafter, such sums as may be necessary 
from the Black Lung Disability Trust Fund, to remain available until 
expended, for payment of all benefits authorized by section 9501(d)(1), 
(2), (4), and (7) of the Internal Revenue Code of 1954, as amended; and 
interest on advances, as authorized by section 9501(c)(2) of that Act. 
In addition, the following amounts shall be available from the Fund for 
fiscal year 2005 for expenses of operation and administration of the 
Black Lung Benefits program, as authorized by section 9501(d)(5): 
$32,646,000 for transfer to the Employment Standards Administration, 
``Salaries and Expenses''; $23,705,000 for transfer to Departmental 
Management, ``Salaries and Expenses''; $342,000 for transfer to 
Departmental Management, ``Office of Inspector General''; and $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $461,599,000, including not to exceed $91,747,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fiscal year of 
training institute course tuition fees, otherwise authorized by law to 
be collected, and may utilize such sums for occupational safety and 
health training and education grants: Provided, That, notwithstanding 
31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal 
year ending September 30, 2005, to collect and retain fees for services 
provided to Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of 29 U.S.C. 9a, to 
administer national and international laboratory recognition programs 
that ensure the safety of equipment and products used by workers in the 
workplace: Provided further, That none of the funds appropriated under 
this paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That none of the funds appropriated under this paragraph shall 
be obligated or expended to administer or enforce the provisions of 29 
CFR 1910.134(f)(2) (General Industry Respiratory Protection Standard) 
to the extent that such provisions require the annual fit testing 
(after the initial fit testing) of respirators for occupational 
exposure to tuberculosis.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $275,567,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration may retain up to $1,000,000 from fees collected for the 
approval and certification of equipment, materials, and explosives for 
use in mines, and may utilize such sums for such activities; the 
Secretary is authorized to accept lands, buildings, equipment, and 
other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, or 
private; the Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the mining 
community through cooperative programs with States, industry, and 
safety associations; and any funds available to the department may be 
used, with the approval of the Secretary, to provide for the costs of 
mine rescue and survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $455,045,000, 
together with not to exceed $78,473,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund.

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $47,555,000.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including the management or operation, 
through contracts, grants or other arrangements of Departmental 
activities conducted by or through the Bureau of International Labor 
Affairs, including bilateral and multilateral technical assistance and 
other international labor activities, $264,653,000, of which, 
$7,000,000 to remain available until September 30, 2006, is for Frances 
Perkins Building Security enhancements, and $30,000,000 is for the 
acquisition of Departmental information technology, architecture, 
infrastructure, equipment, software, and related needs, which will be 
allocated by the Department's Chief Information Officer in accordance 
with the Department's capital investment management process to assure a 
sound investment strategy, together with not to exceed $314,000, which 
may be expended from the Employment Security Administration Account in 
the Unemployment Trust Fund: Provided, That no funds made available by 
this Act may be used by the Solicitor of Labor to participate in a 
review in any United States court of appeals of any decision made by 
the Benefits Review Board under section 21 of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 921) where such participation is 
precluded by the decision of the United States Supreme Court in 
Director, Office of Workers' Compensation Programs v. Newport News 
Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to 
the contrary contained in Rule 15 of the Federal Rules of Appellate 
Procedure: Provided further, That no funds made available by this Act 
may be used by the Secretary of Labor to review a decision under the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) 
that has been appealed and that has been pending before the Benefits 
Review Board for more than 12 months: Provided further, That any such 
decision pending a review by the Benefits Review Board for more than 1 
year shall be considered affirmed by the Benefits Review Board on the 
1-year anniversary of the filing of the appeal, and shall be considered 
the final order of the Board for purposes of obtaining a review in the 
United States courts of appeals: Provided further, That these 
provisions shall not be applicable to the review or appeal of any 
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et 
seq.).

                    veterans employment and training

     Not to exceed $194,098,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2005, of which $2,000,000 is for the 
National Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and 
the Veterans Workforce Investment Programs (29 U.S.C. 2913), 
$26,550,000 of which $7,550,000 shall be available for obligation for 
the period July 1, 2005, through June 30, 2006.

                      Office of Inspector General

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $64,029,000, together with not to exceed $5,561,000, which may 
be expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                          Working Capital Fund

    For the acquisition of a new core accounting system for the 
Department of Labor, including hardware and software infrastructure and 
the costs associated with implementation thereof, $10,000,000.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.

                          (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.
    Sec. 103. Not later than 30 days after the date of enactment of 
this Act, the Secretry of Labor shall issue a monthly transit subsidy 
of not less than the amount each of its employees of the National 
Capital Region is eligible to receive, not to exceed a maximum of $100, 
as directed by Executive Order 13150.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2005''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     Health Resources and Services

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V and sections 1128E, 711 and 
1820 of the Social Security Act, the Health Care Quality Improvement 
Act of 1986, as amended, the Native Hawaiian Health Care Act of 1988, 
as amended, the Cardiac Arrest Survival Act of 2000, and the Poison 
Control Center Enhancement and Awareness Act, $6,305,333,000, of which 
$32,500,000 from general revenues, notwithstanding section 1820(j) of 
the Social Security Act, shall be available for carrying out the 
Medicare rural hospital flexibility grants program under section 1820 
of such Act: Provided, That of the funds made available under this 
heading, $250,000 shall be available until expended for facilities 
renovations at the Gillis W. Long Hansen's Disease Center: Provided 
further, That in addition to fees authorized by section 427(b) of the 
Health Care Quality Improvement Act of 1986, fees shall be collected 
for the full disclosure of information under the Act sufficient to 
recover the full costs of operating the National Practitioner Data 
Bank, and shall remain available until expended to carry out that Act: 
Provided further, That fees collected for the full disclosure of 
information under the ``Health Care Fraud and Abuse Data Collection 
Program'', authorized by section 1128E(d)(2) of the Social Security 
Act, shall be sufficient to recover the full costs of operating the 
program, and shall remain available until expended to carry out that 
Act: Provided further, That no more than $45,000,000 to remain 
available until expended is available for carrying out the provisions 
of Public Law 104-73: Provided further, That of the funds made 
available under this heading, $278,283,000 shall be for the program 
under title X of the Public Health Service Act to provide for voluntary 
family planning projects: Provided further, That amounts provided to 
said projects under such title shall not be expended for abortions, 
that all pregnancy counseling shall be nondirective, and that such 
amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That $803,872,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 
of the Public Health Service Act: Provided further, That in addition to 
amounts provided herein, $25,000,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to carry 
out Parts A, B, C, and D of title XXVI of the Public Health Service Act 
to fund section 2691 Special Projects of National Significance: 
Provided further, That notwithstanding section 502(a)(1) of the Social 
Security Act, not to exceed $119,158,000 is available for carrying out 
special projects of regional and national significance pursuant to 
section 501(a)(2) of such Act.

           Health Education Assistance Loans Program Account

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act, 
as amended. For administrative expenses to carry out the guaranteed 
loan program, including section 709 of the Public Health Service Act, 
$3,270,000.

             Vaccine Injury Compensation Program Trust Fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,176,000 shall 
be available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

                Disease Control, Research, and Training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 
203, 301, and 501 of the Federal Mine Safety and Health Act of 1977, 
sections 20, 21, and 22 of the Occupational Safety and Health Act of 
1970, title IV of the Immigration and Nationality Act, and section 501 
of the Refugee Education Assistance Act of 1980; including purchase and 
insurance of official motor vehicles in foreign countries; and 
purchase, hire, maintenance, and operation of aircraft, $4,228,778,000, 
of which $81,500,000 shall remain available until expended for 
equipment, and construction and renovation of facilities, and of which 
$142,808,000 for international HIV/AIDS shall remain available until 
September 30, 2006. In addition, such sums as may be derived from 
authorized user fees, which shall be credited to this account: 
Provided, That in addition to amounts provided herein, the following 
amounts shall be available from amounts available under section 241 of 
the Public Health Service Act:
            (1) $14,000,000 to carry out the National Immunization 
        Surveys;
            (2) $149,600,000 to carry out the National Center for 
        Health Statistics surveys;
            (3) $28,600,000 to carry out information systems standards 
        development and architecture and applications-based research 
        used at local public health levels;
            (4) $15,000,000 to carry out Public Health Research; and
            (5) $41,900,000 to carry out Research Tools and Approaches 
        activities within the National Occupational Research Agenda:
Provided further, That none of the funds made available for injury 
prevention and control at the Centers for Disease Control and 
Prevention may be used, in whole or in part, to advocate or promote gun 
control: Provided further, That the Director may redirect the total 
amount made available under authority of Public Law 101-502, section 3, 
dated November 3, 1990, to activities the Director may so designate: 
Provided further, That the Congress is to be notified promptly of any 
such transfer: Provided further, That not to exceed $12,500,000 may be 
available for making grants under section 1509 of the Public Health 
Service Act to not more than 15 States, tribes, or tribal 
organizations: Provided further, That without regard to existing 
statute, funds appropriated may be used to proceed, at the discretion 
of the Centers for Disease Control and Prevention, with property 
acquisition, including a long-term ground lease for construction on 
non-Federal land, to support the construction of a replacement 
laboratory in the Fort Collins, Colorado area: Provided further, That 
notwithstanding any other provision of law, a single contract or 
related contracts for development and construction of facilities may be 
employed which collectively include the full scope of the project: 
Provided further, That the solicitation and contract shall contain the 
clause ``availability of funds'' found at 48 CFR 52.232-18.

                     National Institutes of Health

                       National Cancer Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $4,870,025,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
NCI-Frederick Federally Funded Research and Development Center in 
Frederick Maryland.

               National Heart, Lung, and Blood Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $2,963,953,000.

         National Institute of Dental and Craniofacial Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $394,080,000.

    National Institute of Diabetes and Digestive and Kidney Diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,726,196,000.

        National Institute of Neurological Disorders and Stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,545,623,000.

         National Institute of Allergy and Infectious Diseases

                     (including transfer of funds)

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,440,007,000: Provided, That $100,000,000 may be made available to 
International Assistance Programs, ``Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis'', to remain available until expended: 
Provided further, That up to $150,000,000 shall be for extramural 
facilities construction grants to enhance the Nation's capability to do 
research on biological and other agents.

             National Institute of General Medical Sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,959,810,000.

        National Institute of Child Health and Human Development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,280,915,000.

                         National Eye Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$671,578,000.

          National Institute of Environmental Health Sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$650,027,000.

                      National Institute on Aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,055,666,000.

 National Institute of Arthritis and Musculoskeletal and Skin Diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $515,378,000.

    National Institute on Deafness and Other Communication Disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$393,507,000.

                 National Institute of Nursing Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $139,198,000.

           National Institute on Alcohol Abuse and Alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $441,911,000.

                    National Institute on Drug Abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,012,760,000: Provided, That 
in addition to amounts provided herein, $6,300,000 shall be available 
from amounts under section 241 of the Act to carry out national surveys 
on drug abuse and related analysis.

                  National Institute of Mental Health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,420,609,000.

                National Human Genome Research Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $492,670,000.

      National Institute of Biomedical Imaging and Bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $297,647,000.

                 National Center for Research Resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,094,141,000: Provided, That none of these funds 
shall be used to pay recipients of the general research support grants 
program any amount for indirect expenses in connection with such 
grants.

       National Center for Complementary and Alternative Medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$121,116,000.

       National Center on Minority Health and Health Disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $196,780,000.

                  John E. Fogarty International Center

    For carrying out the activities at the John E. Fogarty 
International Center, $67,182,000.

                      National Library of Medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$316,947,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 2005, 
the Library may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health: Provided 
further, That in addition to amounts provided herein, $8,200,000 shall 
be available from amounts under section 241 of the Act to carry out 
National Information Center on Health Services Research and Health Care 
Technology and related health services.

                         Office of the Director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $359,645,000, of which up to 
$7,500,000 shall be used to carry out section 217 of this Act: 
Provided, That funding shall be available for the purchase of not to 
exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the Director may direct up to 1 percent of the total 
amount made available in this or any other Act to all National 
Institutes of Health appropriations to activities the Director may so 
designate: Provided further, That no such appropriation shall be 
decreased by more than 1 percent by any such transfers and that the 
Congress is promptly notified of the transfer: Provided further, That 
the National Institutes of Health is authorized to collect third party 
payments for the cost of clinical services that are incurred in 
National Institutes of Health research facilities and that such 
payments shall be credited to the National Institutes of Health 
Management Fund: Provided further, That all funds credited to the 
National Institutes of Health Management Fund shall remain available 
for 1 fiscal year after the fiscal year in which they are deposited: 
Provided further, That a uniform percentage of the amounts appropriated 
in this Act to each Institute and Center, as determined by the Director 
and totaling not more than $176,800,000, may be utilized for the 
National Institutes of Health Roadmap Initiative: Provided further, 
That amounts utilized under the preceding proviso shall be in addition 
to amounts made available for the Roadmap Initiative from the 
Director's Discretionary Fund: Provided further, That up to $500,000 
shall be available to carry out section 499 of the Public Health 
Service Act.

                        buildings and facilities

                     (including transfer of funds)

    For the study of, construction of, renovation of, and acquisition 
of equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $99,500,000, to 
remain available until expended.

       Substance Abuse and Mental Health Services Administration

               Substance Abuse and Mental Health Services

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act, and section 
301 of the Public Health Service Act with respect to program 
management, $3,270,360,000: Provided, That in addition to amounts 
provided herein, the following amounts shall be available from amounts 
available under section 241 of the Public Health Service Act:
            (1) $79,200,000 to carry out subpart II of title XIX of the 
        Public Health Service Act to fund section 1935(b) technical 
        assistance, national data, data collection and evaluation 
        activities, and further that the total available under this Act 
        for section 1935(b) activities shall not exceed 5 percent of 
        the amounts appropriated for subpart II of title XIX;
            (2) $21,803,000 to carry out subpart I of part B of title 
        XIX of the Public Health Services Act to fund section 1920(b) 
        technical assistance, national data, data collection and 
        evaluation activities, and further that the total available 
        under this Act for section 1920(b) activities shall not exceed 
        5 percent of the amounts appropriated for subpart I of part B 
        of title XIX;
            (3) $16,000,000 to carry out national surveys on drug 
        abuse; and
            (4) $4,300,000 for substance abuse treatment programs.

               Agency for Healthcare Research and Quality

                    Healthcare Research and Quality

    For carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, amounts 
received from Freedom of Information Act fees, reimbursable and 
interagency agreements, and the sale of data shall be credited to this 
appropriation and shall remain available until expended: Provided, That 
the amount made available pursuant to section 927(c) of the Public 
Health Service Act shall not exceed $303,695,000.

               Centers for Medicare and Medicaid Services

                     Grants to States for Medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $119,124,488,000, to remain available until 
expended.
    For making, after May 31, 2005, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2005 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2006, $58,517,290,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  Payments to Health Care Trust Funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under section 
1844, 1860D-16 and 1860D-31 of the Social Security Act, sections 103(c) 
and 111(d) of the Social Security Amendments of 1965, section 278(d) of 
Public Law 97-248, and for administrative expenses incurred pursuant to 
section 201(g) of the Social Security Act, $114,608,900,000. To ensure 
prompt payments of Medicare prescription drug benefits as provided 
under section 1860D-16 of the Social Security Act, $5,216,900,000, to 
become available on October 1, 2005, for fiscal year 2006.

                           Program Management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act, and the Clinical Laboratory Improvement 
Amendments of 1988, not to exceed $2,746,253,000, to be transferred 
from the Federal Hospital Insurance and the Federal Supplementary 
Medical Insurance Trust Funds, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the Public Health Service Act and section 
1857(e)(2) of the Social Security Act, and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
remain available until expended: Provided, That all funds derived in 
accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the Public Health Service Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $24,400,000, to remain available until September 30, 
2006, is for contract costs for CMS's Systems Revitalization Plan: 
Provided further, That $78,300,000, to remain available until September 
30, 2006, is for contract costs for the Healthcare Integrated General 
Ledger Accounting System: Provided further, That not less than 
$129,000,000 shall be for processing Medicare appeals, of which 
$50,000,000 shall be transferred to the Social Security Administration 
for processing Medicare appeals: Provided further, That the Secretary 
of Health and Human Services is directed to collect fees in fiscal year 
2005 from Medicare+Choice organizations pursuant to section 1857(e)(2) 
of the Social Security Act and from eligible organizations with risk-
sharing contracts under section 1876 of that Act pursuant to section 
1876(k)(4)(D) of that Act: Provided further, That the aggregate amount 
under this heading is hereby reduced by $9,000,000, such reduction 
shall be allocated among the programs and activities under this heading 
(including programs and activities for which amounts are specified 
under this heading) in such manner as the Administrator of the Centers 
for Medicare & Medicaid Services determines to be appropriate.

      Health Maintenance Organization Loan and Loan Guarantee Fund

    For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, any amounts received by the Secretary in 
connection with loans and loan guarantees under title XIII of the 
Public Health Service Act, to be available without fiscal year 
limitation for the payment of outstanding obligations. During fiscal 
year 2005, no commitments for direct loans or loan guarantees shall be 
made.

                Administration for Children and Families

  Payments to States for Child Support Enforcement and Family Support 
                                Programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,873,802,000, to remain 
available until expended; and for such purposes for the first quarter 
of fiscal year 2006, $1,200,000,000, to remain available until 
expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance to Needy Families (TANF) with respect to such State, such 
sums as may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under such title IV-A 
in fiscal year 1997 under this appropriation and under such title IV-A 
as amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations under 
section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960 (24 
U.S.C. ch. 9), for the last 3 months of the current fiscal year for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.

                   Low-Income Home Energy Assistance

                     (including transfer of funds)

    For carrying out low-income home energy assistance activities, 
$2,227,000,000: Provided, That of the total amount provided under this 
heading, $1,900,000,000 shall be for the low-income home energy 
assistance program under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.): Provided further, 
That of the total amount provided under this heading, $100,000,000, to 
remain available until expended, shall be for the low-income home 
energy assistance program under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.) for the 
unanticipated home energy assistance needs of one or more States, as 
authorized by section 2604(e) of such Act, and notwithstanding the 
designation requirement of section 2602(e) of such Act: Provided 
further, That of the total amount provided under this heading, 
$227,000,000 is hereby transferred to the Department of Energy for the 
weatherization assistance program under part A of title IV of the 
Energy Conservation and Production Act (42 U.S.C. 6861 et seq.), and 
shall remain available until expended.

                     Refugee and Entrant Assistance

    For necessary expenses for refugee and entrant assistance 
activities and for costs associated with the care and placement of 
unaccompanied alien children authorized by title IV of the Immigration 
and Nationality Act and section 501 of the Refugee Education Assistance 
Act of 1980 (Public Law 96-422), for carrying out section 462 of the 
Homeland Security Act of 2002 (Public Law 107-296), and for carrying 
out the Torture Victims Relief Act of 2003 (Public Law 108-179), 
$491,336,000, of which up to $10,000,000 shall be available to carry 
out the Trafficking Victims Protection Act of 2003 (Public Law 108-
193): Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act and section 462 
of the Homeland Security Act of 2002 for fiscal year 2005 shall be 
available for the costs of assistance provided and other activities to 
remain available through September 30, 2007.

   Payments to States for the Child Care and Development Block Grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), $2,099,729,000 shall be used to supplement, not supplant 
state general revenue funds for child care assistance for low-income 
families: Provided, That $19,120,000 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,000 shall be for the Child Care Aware toll free hotline: 
Provided further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $272,672,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $100,000,000 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $9,864,000 shall be for 
use by the Secretary for child care research, demonstration, and 
evaluation activities.

                      Social Services Block Grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000: Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out 
State programs pursuant to title XX of such Act shall be 4.5 percent.

                Children and Families Services Programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, as amended, the Native American Programs Act of 1974, 
title II of Public Law 95-266 (adoption opportunities), the Adoption 
and Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 
1211 of the Children's Health Act of 2000, the Abandoned Infants 
Assistance Act of 1988, sections 261 and 291 of the Help America Vote 
Act of 2002, part B(1) of title IV and sections 413, 429A, 1110, and 
1115 of the Social Security Act, and sections 40155, 40211, and 40241 
of Public Law 103-322; for making payments under the Community Services 
Block Grant Act, sections 439(h), 473A, and 477(i) of the Social 
Security Act, and title IV of Public Law 105-285, and for necessary 
administrative expenses to carry out said Acts and titles I, IV, V, X, 
XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 
1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, 
title IV of the Immigration and Nationality Act, section 501 of the 
Refugee Education Assistance Act of 1980, sections 40155, 40211, and 
40241 of Public Law 103-322, and section 126 and titles IV and V of 
Public Law 100-485, $8,985,663,000, of which $32,103,000, to remain 
available until September 30, 2006, shall be for grants to States for 
adoption incentive payments, as authorized by section 473A of title IV 
of the Social Security Act (42 U.S.C. 670-679) and may be made for 
adoptions completed before September 30, 2005: Provided further, That 
$6,898,580,000 shall be for making payments under the Head Start Act, 
of which $1,400,000,000 shall become available October 1, 2005, and 
remain available through September 30, 2006: Provided further, That 
$710,088,000 shall be for making payments under the Community Services 
Block Grant Act: Provided further, That not less than $7,184,000 shall 
be for section 680(3)(B) of the Community Services Block Grant Act, as 
amended: Provided further, That in addition to amounts provided herein, 
$5,982,000 shall be available from amounts available under section 241 
of the Public Health Service Act to carry out the provisions of section 
1110 of the Social Security Act: Provided further, That to the extent 
Community Services Block Grant funds are distributed as grant funds by 
a State to an eligible entity as provided under the Act, and have not 
been expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, That the Secretary 
shall establish procedures regarding the disposition of intangible 
property which permits grant funds, or intangible assets acquired with 
funds authorized under section 680 of the Community Services Block 
Grant Act, as amended, to become the sole property of such grantees 
after a period of not more than 12 years after the end of the grant for 
purposes and uses consistent with the original grant: Provided further, 
That funds appropriated for section 680(a)(2) of the Community Services 
Block Grant Act, as amended, shall be available for financing 
construction and rehabilitation and loans or investments in private 
business enterprises owned by community development corporations: 
Provided further, That $55,000,000 is for a compassion capital fund to 
provide grants to charitable organizations to emulate model social 
service programs and to encourage research on the best practices of 
social service organizations: Provided further, That $15,000,000 shall 
be for activities authorized by the Help America Vote Act of 2002, of 
which $10,000,000 shall be for payments to States to promote access for 
voters with disabilities, and of which $5,000,000 shall be for payments 
to States for protection and advocacy systems for voters with 
disabilities: Provided further, That $105,046,000 is only for making 
competitive grants to provide abstinence education (as defined by 
section 510(b)(2) of the Social Security Act) to adolescents, and for 
Federal costs of administering the grant: Provided further, That grants 
under the immediately preceding proviso shall be made only to public 
and private entities which agree that, with respect to an adolescent to 
whom the entities provide abstinence education under such grant, the 
entities will not provide to that adolescent any other education 
regarding sexual conduct, except that, in the case of an entity 
expressly required by law to provide health information or services the 
adolescent shall not be precluded from seeking health information or 
services from the entity in a different setting than the setting in 
which abstinence education was provided: Provided further, That within 
amounts provided herein for abstinence education for adolescents, up to 
$10,000,000 may be available for a national abstinence education 
campaign: Provided further, That in addition to amounts provided herein 
for abstinence education for adolescents, $4,500,000 shall be available 
from amounts available under section 241 of the Public Health Services 
Act to carry out evaluations (including longitudinal evaluations) of 
adolescent pregnancy prevention approaches: Provided further, That 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness.

                   Promoting Safe and Stable Families

    For carrying out section 436 of the Social Security Act, 
$305,000,000 and for section 437, $105,000,000.

       Payments to States for Foster Care and Adoption Assistance

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,037,900,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Act, for the first quarter of fiscal year 2006, 
$1,767,200,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E, 
for the last 3 months of the current fiscal year for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                        Administration on Aging

                        Aging Services Programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $1,403,479,000, of which $5,500,000 shall be available for 
activities regarding medication management, screening, and education to 
prevent incorrect medication and adverse drug reactions; and of which 
$4,558,000 shall remain available until September 30, 2007, for the 
White House Conference on Aging.

                        Office of the Secretary

                    General Departmental Management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, and XXI of the Public Health Service Act, and 
the United States-Mexico Border Health Commission Act, $380,298,000, 
together with $5,851,000 to be transferred and expended as authorized 
by section 201(g)(1) of the Social Security Act from the Hospital 
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund: 
Provided, That of the funds made available under this heading for 
carrying out title XX of the Public Health Service Act, $13,120,000 
shall be for activities specified under section 2003(b)(2), all of 
which shall be for prevention service demonstration grants under 
section 510(b)(2) of title V of the Social Security Act, as amended, 
without application of the limitation of section 2010(c) of said title 
XX: Provided further, That of this amount, $25,000,000 shall be for 
advancing health care information technology nationally, including 
demonstration project grants; $52,838,000 shall be for minority AIDS 
prevention and treatment activities; $14,847,000 shall be for an 
Information Technology Security and Innovation Fund for Department-wide 
activities involving cybersecurity, information technology security, 
and related innovation projects; and $5,000,000 shall be to assist 
Afghanistan in the development of maternal and child health clinics, 
consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support 
Act of 2002.

                      Office of Inspector General

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $40,323,000: Provided, That of such amount, necessary sums are 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$32,043,000, together with not to exceed $3,314,000 to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act and title III of 
the Public Health Service Act, $20,750,000, which shall be available 
from amounts available under section 241 of the Public Health Service 
Act to carry out national health or human services research and 
evaluation activities: Provided, That the expenditure of any funds 
available under section 241 of the Public Health Service Act is subject 
to the requirements of section 206 of this Act.

     Retirement Pay and Medical Benefits for Commissioned Officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. ch. 55 and 56), and for 
payments pursuant to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), such amounts as may be required during the current 
fiscal year. The following are definitions for the medical benefits of 
the Public Health Service Commissioned Officers that apply to 10 U.S.C. 
chapter 56, section 1116(c). The source of funds for the monthly 
accrual payments into the Department of Defense Medicare-Eligible 
Retiree Health Care Fund shall be the Retirement Pay and Medical 
Benefits for Commissioned Officers account. For purposes of this Act, 
the term ``pay of members'' shall be construed to be synonymous with 
retirement payments to United States Public Health Service officers who 
are retired for age, disability, or length of service; payments to 
survivors of deceased officers; medical care to active duty and retired 
members and dependents and beneficiaries; and for payments to the 
Social Security Administration for military service credits; all of 
which payments are provided for by the Retirement Pay and Medical 
Benefits for Commissioned Officers account.

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, disease, nuclear, radiological, and chemical 
threats to civilian populations, $1,842,247,000: Provided, That this 
amount is distributed as follows: Centers for Disease Control and 
Prevention, $1,187,760,000; Office of the Secretary, $64,438,000; 
National Institutes of Health, $47,400,000; and Health Resources and 
Services Administration, $542,649,000: Provided further, That employees 
of the Centers for Disease Control and Prevention or the Public Health 
Service, both civilian and Commissioned Officers, detailed to States, 
municipalities, or other organizations under authority of section 214 
of the Public Health Service Act for purposes related to homeland 
security, shall be treated as non-Federal employees for reporting 
purposes only and shall not be included within any personnel ceiling 
applicable to the Agency, Service, or the Department of Health and 
Human Services during the period of detail or assignment.
    In addition, $450,000,000, to remain available until expended, for 
the Strategic National Stockpile: Provided, That subject to 31 U.S.C. 
1531, there shall be transferred to the Secretary of Health and Human 
Services the functions, assets, unexpended balances (including those 
from appropriations authorized under section 121(3) of Public Law 107-
188 and prior authorities); and liabilities of the Strategic National 
Stockpile, including the functions of the Secretary of Homeland 
Security relating thereto: Provided further, That the stockpile shall 
be deployed as deemed appropriate by the Secretary, or when requested 
by the Secretary of Homeland Security.
    In addition, for activities to ensure a year-round influenza 
vaccine production capacity and the development and implementation of 
rapidly expandable influenza vaccine production technologies, 
$60,000,000, to remain available until expended.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399F(b) of the Public Health Service Act or 
section 1503 of the National Institutes of Health Revitalization Act of 
1993, Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, 
through a grant or other extramural mechanism, at a rate in excess of 
Executive Level I.
    Sec. 205. None of the funds appropriated in this title for Head 
Start shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.
    Sec. 206. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.
    Sec. 207. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but not 
more than 2.3 percent, of any amounts appropriated for programs 
authorized under said Act shall be made available for the evaluation 
(directly, or by grants or contracts) of the implementation and 
effectiveness of such programs.

                          (transfer of funds)

    Sec. 208. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Health and Human Services in this Act may be 
transferred between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Provided, That 
an appropriation may be increased by up to an additional 2 percent 
subject to approval by the House and Senate Committees on 
Appropriations: Provided further, That the Appropriations Committees of 
both Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 209. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes and centers from the total amounts 
identified by these two Directors as funding for research pertaining to 
the human immunodeficiency virus: Provided, That the Congress is 
promptly notified of the transfer.
    Sec. 210. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS 
Research'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 211. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary that it 
encourages family participation in the decision of minors to seek 
family planning services and that it provides counseling to minors on 
how to resist attempts to coerce minors into engaging in sexual 
activities.
    Sec. 212. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare+Choice program if the Secretary denies participation in such 
program to an otherwise eligible entity (including a Provider Sponsored 
Organization) because the entity informs the Secretary that it will not 
provide, pay for, provide coverage of, or provide referrals for 
abortions: Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare+Choice organization 
described in this section shall be responsible for informing enrollees 
where to obtain information about all Medicare covered services.
    Sec. 213. Notwithstanding any other provision of law, no provider 
of services under title X of the Public Health Service Act shall be 
exempt from any State law requiring notification or the reporting of 
child abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 214. (a) Except as provided by subsection (e) none of the 
funds appropriated by this Act may be used to withhold substance abuse 
funding from a State pursuant to section 1926 of the Public Health 
Service Act (42 U.S.C. 300x-26) if such State certifies to the 
Secretary of Health and Human Services by May 1, 2005 that the State 
will commit additional State funds, in accordance with subsection (b), 
to ensure compliance with State laws prohibiting the sale of tobacco 
products to individuals under 18 years of age.
    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses 
the retailer compliance rate goal established by the Secretary of 
Health and Human Services under section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2005 
for tobacco prevention programs and for compliance activities at a 
level that is not less than the level of such expenditures maintained 
by the State for fiscal year 2004, and adding to that level the 
additional funds for tobacco compliance activities required under 
subsection (a). The State is to submit a report to the Secretary on all 
fiscal year 2004 State expenditures and all fiscal year 2005 
obligations for tobacco prevention and compliance activities by program 
activity by July 31, 2005.
    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2005.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 from a 
territory that receives less than $1,000,000.
    Sec. 215. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease, 
and other health activities abroad during fiscal year 2005, the 
Secretary of Health and Human Services--
            (1) may exercise authority equivalent to that available to 
        the Secretary of State in section 2(c) of the State Department 
        Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The 
        Secretary of Health and Human Services shall consult with the 
        Secretary of State and relevant Chief of Mission to ensure that 
        the authority provided in this section is exercised in a manner 
        consistent with section 207 of the Foreign Service Act of 1980 
        (22 U.S.C. 3927) and other applicable statutes administered by 
        the Department of State, and
            (2) is authorized to provide such funds by advance or 
        reimbursement to the Secretary of State as may be necessary to 
        pay the costs of acquisition, lease, alteration, renovation, 
        and management of facilities outside of the United States for 
        the use of the Department of Health and Human Services. The 
        Department of State shall cooperate fully with the Secretary of 
        Health and Human Services to ensure that the Department of 
        Health and Human Services has secure, safe, functional 
        facilities that comply with applicable regulation governing 
        location, setback, and other facilities requirements and serve 
        the purposes established by this Act. The Secretary of Health 
        and Human Services is authorized, in consultation with the 
        Secretary of State, through grant or cooperative agreement, to 
        make available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS 
        and other infectious diseases, chronic and environmental 
        diseases, and other health activities abroad.
    Sec. 216. The Division of Federal Occupational Health may utilize 
personal services contracting to employ professional management/
administrative and occupational health professionals.
    Sec. 217. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health may use funds 
available under section 402(i) of the Public Health Service Act (42 
U.S.C. 282(i)) to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research in support of 
the NIH Roadmap Initiative of the Director.
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director of the National Institutes of Health may utilize such 
peer review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appropriate to 
obtain assessments of scientific and technical merit. Such procedures 
shall apply to such transactions in lieu of the peer review and 
advisory council review procedures that would otherwise be required 
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the Public Health Service Act (42 U.S.C. 241, 284(b)(1)(B), 
284(b)(2), 284a(a)(3)(A), 289a, and 289c).
    Sec. 218. The unobligated balance of the funds appropriated by 
section 1897(g) of the Social Security Act, as added by section 1016 of 
the Medicare Prescription Drug, Improvement, and Modernization Act of 
2003 (Public Law 108-173), is rescinded.
    Sec. 219. (a) CMS Program Management Account.--The amount otherwise 
provided by this Act for ``Centers for Medicare and Medicaid Services--
Program Management'' is hereby reduced by $155,000,000.
    (b) Medicare Claims Processing Fee.--
            (1) In general.--Notwithstanding section 1842(c)(4) of the 
        Social Security Act, each claim submitted by an individual or 
        entity furnishing items or services for which payment may be 
        made under part A or part B of title XVIII of such Act is 
        subject to a processing fee of $5.00 if the claim--
                    (A) duplicates, in whole or in part, another claim 
                submitted by the same individual or entity; or
                    (B) is a claim that cannot be processed and must be 
                returned by the medicare claims processing contractor 
                involved to the individual or entity for completion or 
                correction.
            (2) Deduction and transfer.--The Secretary of Health and 
        Human Services shall deduct any fees assessed pursuant to 
        paragraph (1) against an individual or entity from amounts 
        otherwise payable from a trust fund under such title to such 
        individual or entity, and shall transfer the amount so deducted 
        from such trust fund to the Program Management account of the 
        Centers for Medicare & Medicaid Services.
            (3) Availability.--Fees collected under this subsection 
        shall remain available until expended.
            (4) Waiver authority.--The Secretary of Health and Human 
        Services may provide for waiver of fees for claims described in 
        paragraph (2) in cases of such compelling circumstances as the 
        Secretary may determine.
            (5) Exclusion of fees in allowable costs.--An entity may 
        not include a fee assessed pursuant to this subsection as an 
        allowable item on a cost report under the Social Security Act.
            (6) Effective date.--This subsection shall apply to claims 
        referred to in paragraph (1) submitted on or after a date, 
        specified by the Secretary of Health and Human Services, that 
        is not later than 3 months after the date of the enactment of 
        this Act.
    Sec. 220. The amount appropriated in this Act for ``Centers for 
Disease Control and Prevention--Disease Control Research and Training'' 
is hereby reduced by $15,000,000, to be derived from the amounts made 
available for administrative and related information technology 
expenses: Provided, That the Director of the Centers for Disease 
Control and Prevention shall determine the allocation of the reduction 
among Agency activities, and shall submit to the Committees on 
Appropriations a report specifying the proposed allocation.
    Sec. 221. Limitation on Use of Funds; Study.
    (a) Limitation on Funds.--Notwithstanding any other provision of 
law, none of the funds appropriated by this Act or any other Act may be 
expended by the Secretary of Health and Human Services or by a medicare 
fiscal intermediary or administrative contractor--
            (1) to apply the criteria (commonly known as the ``75 
        percent rule'') that are used to determine whether a hospital 
        or unit of a hospital is an inpatient rehabilitation facility 
        (as defined in Department of Health and Human Services, Centers 
        for Medicare and Medicaid Services, ``Medicare Program; Final 
        Rule; Changes to the Criteria for Being Classified as an 
        Inpatient Rehabilitation Facility'', 69 Federal Register 25751 
        et seq. (May 7, 2004), and any accompanying CMS Manual System 
        Transmittals (including, but not limited to, Transmittal 221 
        and any change request pursuant to such rule) for purposes of 
        the medicare program;
            (2) to compile facility data pertaining to compliance with 
        such 75 percent rule or enforce such rule; or
            (3) to utilize or apply any existing or new local medical 
        review policy, local coverage determination, or national 
        coverage determination with respect to medical necessity 
        standards for inpatient rehabilitation facilities under the 
        medicare program;
until the date that is 9 months after the date on which the report 
required by subsection (b)(3) is transmitted to the Secretary and the 
Congress.
    (b) Study and Report.--(1) The Secretary of Health and Human 
Services shall contract with the Institute of Medicine of the National 
Academy of Sciences to study and make recommendations (and submit a 
report under paragraph (3)) on--
            (A) a clinical consensus on how to modernize the medicare 
        criteria used to distinguish an inpatient rehabilitation 
        facility from an acute care hospital and other providers of 
        intensive medical rehabilitation; and
            (B) the appropriate medical necessity criteria for 
        determining clinical appropriateness of inpatient 
        rehabilitation facility admissions, with due consideration 
        being given to chapter 1, section 110 of the Medicare Benefit 
        Policy Manual, the current capabilities of treatments and 
        modalities performed by acute and post-acute providers, and the 
        combined medical and functional needs of patients.
    (2) Under such contract the Institute shall use a panel that 
includes a multi-disciplinary group of expert researchers and 
clinicians in the field of medical rehabilitation.
    (3) Under such contract the Institute shall submit a report to the 
Secretary and the Congress on the study and recommendations described 
in paragraph (1) not later than October 1, 2005.
    Sec. 222. None of the funds appropriated in this title may be used 
to impede the exchange of information between the Office of the Actuary 
of the Centers for Medicare & Medicaid Services and Congress, including 
its members, committees, and staff.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2005''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $15,535,735,000, of which $7,849,390,000 shall become available 
on July 1, 2005, and shall remain available through September 30, 2006, 
and of which $7,383,301,000 shall become available on October 1, 2005, 
and shall remain available through September 30, 2006, for academic 
year 2005-2006: Provided, That $7,037,592,000 shall be available for 
basic grants under section 1124: Provided further, That up to 
$3,500,000 of these funds shall be available to the Secretary of 
Education on October 1, 2004, to obtain annually updated educational-
agency-level census poverty data from the Bureau of the Census: 
Provided further, That $1,365,031,000 shall be available for 
concentration grants under section 1124A: Provided further, That 
$2,469,843,000 shall be available for targeted grants under section 
1125: Provided further, That $2,469,843,000 shall be available for 
education finance incentive grants under section 1125A: Provided 
further, That $80,000,000 shall be available for comprehensive school 
reform grants under part F of the ESEA.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,250,893,000, of which 
$1,083,687,000 shall be for basic support payments under section 
8003(b), $50,369,000 shall be for payments for children with 
disabilities under section 8003(d), $45,936,000 shall be for 
construction under section 8007 and shall remain available through 
September 30, 2006, $63,000,000 shall be for Federal property payments 
under section 8002, and $7,901,000, to remain available until expended, 
shall be for facilities maintenance under section 8008: Provided, That 
for purposes of computing the amount of a payment for an eligible local 
educational agency under section 8003(a) of the Elementary and 
Secondary Education Act (20 U.S.C. 7703(a)) for school year 2004-2005, 
children enrolled in a school of such agency that would otherwise be 
eligible for payment under section 8003(a)(1)(B) of such Act, but due 
to the deployment of both parents or legal guardians, or a parent or 
legal guardian having sole custody of such children, or due to the 
death of a military parent or legal guardian while on active duty (so 
long as such children reside on Federal property as described in 
section 8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, provided 
such students remain in average daily attendance at a school in the 
same local educational agency they attended prior to their change in 
eligibility status.

                      School Improvement Programs

    For carrying out school improvement activities authorized by titles 
II, part B of title IV, subpart 6 of part D of title V, parts A and B 
of title VI, and parts B and C of title VII of the Elementary and 
Secondary Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless 
Assistance Act; section 203 of the Educational Technical Assistance Act 
of 2002; the Civil Rights Act of 1964; and section 105(f)(1)(B)(iii) of 
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188), $5,641,401,000, of which $4,031,016,000 shall become available on 
July 1, 2005, and remain available through September 30, 2006, and of 
which $1,435,000,000 shall become available on October 1, 2005, and 
shall remain available through September 30, 2006, for academic year 
2005-2006: Provided, That $410,000,000 shall be for subpart 1 of part A 
of title VI of the ESEA: Provided further, That $68,394,000 shall be 
available to carry out part D of title V of the ESEA and section 203 of 
the Educational Technical Assistance Act of 2002: Provided further, 
That $12,230,000 shall be available to carry out the Supplemental 
Education Grants program for the Federated States of Micronesia, and 
$6,100,000 shall be available to carry out the Supplemental Education 
Grants program for the Republic of the Marshall Islands: Provided 
further, That up to five percent of these amounts may be reserved by 
the Federated States of Micronesia and the Republic of the Marshall 
Islands to administer the Supplemental Education Grants programs and to 
obtain technical assistance, oversight and consultancy services in the 
administration of these grants and to reimburse the U.S. Departments of 
Labor, Health and Human Services, and Education for such services: 
Provided further, That the amount made available in the Department of 
Education Appropriations Act, 2004, under the heading School 
Improvement Programs and including any funds transferred by the 
Secretary of Education pursuant to section 304 of that Act for state 
assessment grants authorized under section 6111 of the Elementary and 
Secondary Education Act of 1965, shall not be less than $390,000,000: 
Provided further, That, notwithstanding any other provision of law, 
including any across-the-board reduction that would otherwise apply, 
the funds made available for fiscal year 2005 under the heading School 
Improvement Programs for state assessment grants under section 6111 of 
the Elementary and Secondary Education Act of 1965 shall not be less 
than $400,000,000.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $120,856,000.

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), $669,936,000: Provided, That $18,391,000 shall be 
available to carry out section 2151(c) of the ESEA, of which not less 
than $10,000,000 shall be provided to the National Board for 
Professional Teaching Standards, not less than $7,000,000 shall be 
provided to the American Board for the Certification of Teacher 
Excellence, and up to $1,391,000 may be reserved by the Secretary to 
conduct an evaluation of activities authorized by such section: 
Provided further, That $50,000,000 shall be for subpart 2 of part B of 
title V: Provided further, That $100,000,000 shall be available to 
carry out part D of title V of the ESEA.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3 and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $801,369,000, of which $440,908,000 shall become available 
on July 1, 2005 and remain available through September 30, 2006: 
Provided, That $440,908,000 shall be available for subpart 1 of part A 
of title IV and $203,472,000 shall be available for subpart 2 of part A 
of title IV: Provided further, That $128,347,000 shall be available to 
carry out part D of title V of the ESEA: Provided further, That of the 
funds available to carry out subpart 3 of part C of title II, up to 
$11,852,000 may be used to carry out section 2345.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $681,215,000, of 
which $595,715,000 shall become available on July 1, 2005, and shall 
remain available through September 30, 2006: Provided, That funds 
reserved under section 3111(c)(1)(D) of the ESEA that are not used in 
accordance with section 3111(c)(2) may be added to the funds that are 
available July 1, 2005, through September 30, 2006, for State 
allotments under section 3111(c)(3).

                           Special Education

    For carrying out parts B, C, and D of the Individuals with 
Disabilities Education Act, $12,176,101,000, of which $6,560,447,000 
shall become available for obligation on July 1, 2005, and shall remain 
available through September 30, 2006, and of which $5,413,000,000 shall 
become available on October 1, 2005, and shall remain available through 
September 30, 2006, for academic year 2005-2006: Provided, That 
$11,400,000 shall be for Recording for the Blind and Dyslexic, Inc. to 
support the development, production, and circulation of recorded 
educational materials: Provided further, That the amount for section 
611(c) of the Act shall be equal to the amount available for that 
section during fiscal year 2004, increased by the amount of inflation 
as specified in section 611(f)(1)(B)(ii) of the Act.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the 
AT Act''), and the Helen Keller National Center Act, $3,054,587,000, of 
which $15,000,000 shall be for grants to States under title III of the 
AT Act: Provided, That the Federal share of such grants shall not 
exceed 75 percent, and the requirements in sections 301(c)(2) and 
section 302 of the AT Act shall not apply to such grants.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $17,000,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $55,790,000, of which $1,685,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $104,000,000: Provided, That from the 
total amount available, the University may at its discretion use funds 
for the endowment program as authorized under section 207.

                     Vocational and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Technical Education Act of 1998, the Adult 
Education and Family Literacy Act, and subpart 4 of part D of title V 
of the Elementary and Secondary Education Act of 1965 (``ESEA''), 
$2,025,456,000, of which $1,234,456,000 shall become available on July 
1, 2005, and shall remain available through September 30, 2006, and of 
which $791,000,000 shall become available on October 1, 2005, and shall 
remain available through September 30, 2006: Provided, That of the 
amount provided for Adult Education State Grants, $69,135,000 shall be 
made available for integrated English literacy and civics education 
services to immigrants and other limited English proficient 
populations: Provided further, That of the amount reserved for 
integrated English literacy and civics education, notwithstanding 
section 211 of the Adult Education and Family Literacy Act, 65 percent 
shall be allocated to States based on a State's absolute need as 
determined by calculating each State's share of a 10-year average of 
the Immigration and Naturalization Service data for immigrants admitted 
for legal permanent residence for the 10 most recent years, and 35 
percent allocated to States that experienced growth as measured by the 
average of the 3 most recent years for which Immigration and 
Naturalization Service data for immigrants admitted for legal permanent 
residence are available, except that no State shall be allocated an 
amount less than $60,000: Provided further, That of the amounts made 
available for the Adult Education and Family Literacy Act, $9,169,000 
shall be for national leadership activities under section 243 and 
$6,692,000 shall be for the National Institute for Literacy under 
section 242: Provided further, That $101,698,000 shall be available to 
support the activities authorized under subpart 4 of part D of title V 
of the Elementary and Secondary Education Act of 1965, of which up to 5 
percent shall become available October 1, 2004, and shall remain 
available through September 30, 2006, for evaluation, technical 
assistance, school networking, peer review of applications, and program 
outreach activities, and of which not less than 95 percent shall become 
available on July 1, 2005, and remain available through September 30, 
2006, for grants to local educational agencies: Provided further, That 
funds made available to local education agencies under this subpart 
shall be used only for activities related to establishing smaller 
learning communities in high schools.

                      Student Financial Assistance

    For carrying out subparts 1, 3 and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$14,755,794,000, which shall remain available through September 30, 
2006.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2005-2006 shall be $4,050.

                       Student Aid Administration

    For Federal administrative expenses (in addition to funds made 
available under section 458), to carry out part D of title I, and 
subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of 
the Higher Education Act of 1965, as amended, $120,247,000.

                            Higher Education

    For carrying out, to the extent not otherwise provided, section 121 
and titles II, III, IV, V, VI, and VII of the Higher Education Act of 
1965 (``HEA''), as amended, section 1543 of the Higher Education 
Amendments of 1992, the Mutual Educational and Cultural Exchange Act of 
1961, and section 117 of the Carl D. Perkins Vocational and Technical 
Education Act, $1,976,056,000, of which $1,500,000 for interest 
subsidies authorized by section 121 of the HEA shall remain available 
until expended: Provided, That $9,876,000, to remain available through 
September 30, 2006, shall be available to fund fellowships for academic 
year 2006-2007 under part A, subpart 1 of title VII of said Act, under 
the terms and conditions of part A, subpart 1: Provided further, That 
$988,000 is for data collection and evaluation activities for programs 
under the HEA, including such activities needed to comply with the 
Government Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made available in 
this Act to carry out title VI of the HEA and section 102(b)(6) of the 
Mutual Educational and Cultural Exchange Act of 1961 may be used to 
support visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies in areas that are vital to United States national security and 
who plan to apply their language skills and knowledge of these 
countries in the fields of government, the professions, or 
international development: Provided further, That up to one percent of 
the funds referred to in the preceding proviso may be used for program 
evaluation, national outreach, and information dissemination 
activities.

                           Howard University

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$243,893,000, of which not less than $3,552,000 shall be for a matching 
endowment grant pursuant to the Howard University Endowment Act (Public 
Law 98-480) and shall remain available until expended.

         College Housing and Academic Facilities Loans Program

    For Federal administrative expenses authorized under section 121 of 
the Higher Education Act of 1965, $578,000 to carry out activities 
related to existing facility loans entered into under the Higher 
Education Act of 1965.

  Historically Black College and University Capital Financing Program 
                                Account

    The aggregate principal amount of outstanding bonds insured 
pursuant to section 344 of title III, part D of the Higher Education 
Act of 1965, shall not exceed $357,000,000, and the cost, as defined in 
section 502 of the Congressional Budget Act of 1974, of such bonds 
shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title III, part D of the Higher Education Act of 1965, as amended, 
$212,000.

                    Institute of Education Sciences

    For carrying out activities authorized by Public Law 107-279 and 
section 672 of the Individuals with Disabilities Education Act, 
$526,804,000: Provided, That, of the amount appropriated, $195,518,000 
shall be available for obligation through September 30, 2006.

                        Departmental Management

                         Program Administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $421,055,000.

                        OFFICE FOR CIVIL RIGHTS

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $90,248,000.

                    OFFICE OF THE INSPECTOR GENERAL

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $47,790,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.

                          (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of 
Education in this Act may be transferred between appropriations, but no 
such appropriation shall be increased by more than 3 percent by any 
such transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 305. Section 8002(m) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7702(m)) is amended by striking ``5 years'' each 
place it appears and inserting ``7 years''.
    Sec. 306. None of the funds appropriated by this Act shall be 
available to the Secretary of Education--
            (1) to enforce any change or clarification of Department of 
        Education policy with respect to the Federal Family Education 
        Loan Program Consolidation loans for borrowers with both FFEL 
        and non-FFEL loans, as provided for in a dear colleague letter 
        of the Secretary's dated April 29, 2004; or
            (2) to issue letters regarding loan verification 
        certificates to providers of Federal Family Education Loan 
        requesting information regarding William D. Ford Direct Student 
        Loans, including Direct Stafford, PLUS, and Consolidation 
        Loans, that state either of the following:
                    (A) We cannot approve the certification form (s). 
                The borrower has Direct Loans.
                    (B) We cannot approve the certification form (s). 
                The borrower has a Direct Consolidation Loan and has no 
                other loans.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2005''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington and 
the Armed Forces Retirement Home--Gulfport, to be paid from funds 
available in the Armed Forces Retirement Home Trust Fund, $61,195,000, 
of which $4,000,000 shall remain available until expended for 
construction and renovation of the physical plants at the Armed Forces 
Retirement Home--Washington and the Armed Forces Retirement Home--
Gulfport.

 Committee for Purchase From People Who Are Blind or Severely Disabled

    For expenses necessary of the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$4,672,000.

             Corporation for National and Community Service

        Domestic Volunteer Service Programs, Operating Expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $353,197,000: Provided, That none of 
the funds made available to the Corporation for National and Community 
Service in this Act for activities authorized by section 122 of part C 
of title I and part E of title II of the Domestic Volunteer Service Act 
of 1973 shall be used to provide stipends or other monetary incentives 
to volunteers or volunteer leaders whose incomes exceed 125 percent of 
the national poverty level.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2007, $400,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex.
    Of the amounts made available to the Corporation for Public 
Broadcasting for fiscal year 2005 by Public Law 108-7, up to 
$20,000,000 is available for grants associated with the transition of 
public broadcasting to digital broadcasting, including costs related to 
transmission equipment and program production, development, and 
distribution, to be awarded as determinded by the Corporation in 
consultation with public radio and television licensees or permittees, 
or their designated representatives; and up to $60,000,000 is available 
pursuant to section 396(k)(10) of the Communications Act of 1934, as 
amended, for replacement and upgrade of the public television 
interconnection system: Provided, That section 396(k)(3) shall apply 
only to amounts remaining after allocations made herein.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$43,964,000, including $1,500,000, to remain available through 
September 30, 2006, for activities authorized by the Labor-Management 
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That 
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, 
for special training activities and other conflict resolution services 
and technical assistance, including those provided to foreign 
governments and international organizations, and for arbitration 
services shall be credited to and merged with this account, and shall 
remain available until expended: Provided further, That fees for 
arbitration services shall be available only for education, training, 
and professional development of the agency workforce: Provided further, 
That the Director of the Service is authorized to accept and use on 
behalf of the United States gifts of services and real, personal, or 
other property in the aid of any projects or functions within the 
Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $7,813,000.

                Institute of Museum and Library Services

    For carrying out the Museum and Library Services Act of 1996, 
$261,743,000, to remain available until expended.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $9,905,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

        National Commission on Libraries and Information Science

                         salaries and expenses

    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public 
Law 91-345, as amended), $1,000,000.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$2,873,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
$248,785,000: Provided, That no part of this appropriation shall be 
available to organize or assist in organizing agricultural laborers or 
used in connection with investigations, hearings, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as amended, 
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 
203), and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 percent of the water stored or supplied thereby is used for farming 
purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $11,635,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $10,516,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $108,000,000, 
which shall include amounts becoming available in fiscal year 2005 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $108,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the 
fiscal year.

          Federal Payments to the Railroad Retirement Accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2006, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      Limitation On Administration

    For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $102,202,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

             Limitation on the Office of Inspector General

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $6,561,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be transferred to the 
Office; used to carry out any such transfer; used to provide any office 
space, equipment, office supplies, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any personnel of 
the Office; used to pay any other operating expense of the Office; or 
used to reimburse the Office for any service provided, or expense 
incurred, by the Office.

                     Social Security Administration

                Payments to Social Security Trust Funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,454,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$28,578,829,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2006, $10,930,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $15,000 for official reception and 
representation expenses, not more than $8,674,100,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,000,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under 
this paragraph at the end of fiscal year 2005 not needed for fiscal 
year 2005 shall remain available until expended to invest in the Social 
Security Administration information technology and telecommunications 
hardware and software infrastructure, including related equipment and 
non-payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to section 7131 of title 5, United States Code, 
and for facilities or support services for labor organizations pursuant 
to policies, regulations, or procedures referred to in section 7135(b) 
of such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made.
    In addition, $124,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 2005 exceed $124,000,000, the amounts shall be available in 
fiscal year 2006 only to the extent provided in advance in 
appropriations Acts.
    From funds previously appropriated for Federal-State partnerships, 
any unobligated balances at the end of fiscal year 2004 shall be 
transferred to the Supplemental Security Income Program and remain 
available until expended to promote Medicare buy-in programs targeted 
to elderly and disabled individuals under titles XVIII and XIX of the 
Social Security Act.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $25,748,000, together with not to exceed $65,359,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House and Senate.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Salaries 
and expenses, Federal Mediation and Conciliation Service''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``Salaries and expenses, 
National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.
    Sec. 506. (a) It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds 
made available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (a) by the Congress.
    (c) If it has been finally determined by a court or Federal agency 
that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, pursuant to 
the debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 508. (a) None of the funds appropriated under this Act, and 
none of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for any abortion.
    (b) None of the funds appropriated under this Act, and none of the 
funds in any trust fund to which funds are appropriated under this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 511. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled Substances Act 
(21 U.S.C. 812).
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 512. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 513. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving the 
standard.
    Sec. 514. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 515. None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act (20 
U.S.C. 9134(f)), as amended by the Children's Internet Protections Act, 
unless such library has made the certifications required by paragraph 
(4) of such section.
    Sec. 516. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act (20 U.S.C. 
6777(a)), as amended by the Children's Internet Protections Act and the 
No Child Left Behind Act, unless the local educational agency with 
responsibility for such covered school has made the certifications 
required by paragraph (2) of such section.
    Sec. 517. None of the funds appropriated in this Act may be used to 
enter into an arrangement under section 7(b)(4) of the Railroad 
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental 
financial institution to serve as disbursing agent for benefits payable 
under the Railroad Retirement Act of 1974.
    Sec. 518. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2005, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees; unless the 
        Appropriations Committees of both Houses of Congress are 
        notified 15 days in advance of such reprogramming of funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2005, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress; unless the 
        Appropriations Committees of both Houses of Congress are 
        notified 15 days in advance of such reprogramming of funds.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2005''.
                         [FULL COMMITTEE PRINT]

                                                 Union Calendar No. 380

108th CONGRESS

  2d Session

                               H. R. 5006

                          [Report No. 108-636]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2005, and for other purposes.

_______________________________________________________________________

                           September 7, 2004

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```