versary 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 
(increased 
by
$5,000,000) may be derived from the Employment Secu-
rity 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 im-
plementation 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 discre-
tionary 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 be-
tween 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 ad-
vance of any transfer.
SEC. 103. Not later than 30 days after the date of
enactment of this Act, the Secretary 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 No. 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 oper-
ating the National Practitioner Data Bank, and shall re-
main available until expended to carry out that Act: Pro-
vided 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 ex-
pended for abortions, that all pregnancy counseling shall
be nondirective, and that such amounts shall not be ex-
pended for any activity (including the publication or dis-
tribution 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 So-
cial 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 pur-
pose of the program, as authorized by title VII of the Pub-
lic Health Service Act, as amended. For administrative ex-
penses to carry out the guaranteed loan program, includ-
ing 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 sec-
tion 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,
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 mak-
ing grants under section 1509 of the Public Health Service
Act to not more than 15 States, tribes, or tribal organiza-
tions: 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 Pre-
vention, with property acquisition, including a long-term
ground lease for construction on non-Federal land, to sup-
port the construction of a replacement laboratory in the
Fort Collins, Colorado area: Provided further, That not-
withstanding 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 solici-
tation 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 Pub-
lic 
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-Fred-
erick 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic Health Service Act with respect to diabetes and diges-
tive and kidney disease, $1,726,196,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
AND STROKE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to neurological dis-
orders 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 Pub-
lic Health Service Act with respect to allergy and infec-
tious 
diseases, 
$4,440,007,000: 
Provided, 
That
$100,000,000 may be made available to International As-
sistance Programs, ‘‘Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis’’, to remain available until ex-
pended: 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 environ-
mental health sciences, $650,027,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Pub-
lic 
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 Pub-
lic Health Service Act with respect to arthritis and mus-
culoskeletal and skin diseases, $515,378,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 na-
tional surveys on drug abuse and related analysis.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Pub-
lic 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 Pub-
lic Health Service Act with respect to human genome re-
search, $492,670,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND
BIOENGINEERING
For carrying out section 301 and title IV of the Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 informa-
tion systems: Provided, That in fiscal year 2005, the Li-
brary may enter into personal services contracts for the
provision of services in facilities owned, operated, or con-
structed 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 Na-
tional 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 sec-
tion 217 of this Act: Provided, That funding shall be avail-
able 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 Direc-
tor may so designate: Provided further, That no such ap-
propriation shall be decreased by more than 1 percent by
any such transfers and that the Congress is promptly noti-
fied 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 Insti-
tutes 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 appro-
priated in this Act to each Institute and Center, as deter-
mined 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 Ini-
tiative 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 ex-
pended.
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 sec-
tion 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 Informa-
tion 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, in-
curred for the current fiscal year, such sums as may be
necessary.
For making payments to States or in the case of sec-
tion 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 quar-
ter 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, sec-
tion 278(d) of Public Law 97–248, and for administrative
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 author-
ized 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 
(increased 
by
$11,000,000) is hereby transferred to the Department of
Energy for the weatherization assistance program under
part A of title IV of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6861 et seq.), and shall remain avail-
able until expended.
REFUGEE AND ENTRANT ASSISTANCE
For necessary expenses for refugee and entrant as-
sistance 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 Traf-
ficking Victims Protection Act of 2003 (Public Law 108–
193): Provided, That funds appropriated under this head-
ing 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 sec-
tion 658G, of which $100,000,000 shall be for activities
that improve the quality of infant and toddler care: Pro-
vided further, That $9,864,000 shall be for use by the Sec-
retary for child care research, demonstration, and evalua-
tion activities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $1,700,000,000: Pro-
vided, 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 Pro-
grams Act of 1974, title II of Public Law 95–266 (adop-
tion 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 In-
fants 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 Reconcili-
ation Act of 1981, title IV of the Immigration and Nation-
ality 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: Pro-
vided further, That $710,088,000 shall be for making pay-
ments 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 car-
ryover 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 appro-
priated for section 680(a)(2) of the Community Services
Block Grant Act, as amended, shall be available for fi-
nancing construction and rehabilitation and loans or in-
vestments in private business enterprises owned by com-
munity 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 vot-
ers 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 fur-
ther, 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 enti-
ties provide abstinence education under such grant, the
entities will not provide to that adolescent any other edu-
cation 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 pre-
cluded 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 fur-
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to support activities related
to countering potential biological, disease, nuclear, radio-
logical, 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 Dis-
ease Control and Prevention or the Public Health Service,
both civilian and Commissioned Officers, detailed to
States, municipalities, or other organizations under au-
thority 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 applica-
ble to the Agency, Service, or the Department of Health
and Human Services during the period of detail or assign-
ment.
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 func-
tions, 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: Pro-
vided 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 in-
fluenza vaccine production capacity and the development
and implementation of rapidly expandable influenza vac-
cine 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 Pub-
lic Health Service Act or section 1503 of the National In-
stitutes 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 Ex-
ecutive 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 Appropria-
tions 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 effec-
tiveness of such programs.
(TRANSFER OF FUNDS)
SEC. 208. Not to exceed 1 percent of any discre-
tionary 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 Ap-
propriations: 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 re-
search related to the human immunodeficiency virus, as
jointly determined by the Director of the National Insti-
tutes 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 nec-
essary 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 plan-
ning 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 oth-
erwise eligible entity (including a Provider Sponsored Or-
ganization) 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 capita-
tion payment to such an entity (based on an actuarially
sound estimate of the expected costs of providing the serv-
ice to such entity’s enrollees): Provided further, That noth-
ing in this section shall be construed to change the Medi-
care 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 pursu-
ant 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
Drug, Improvement, and Modernization Act of 2003 (Pub-
lic Law 108–173), is rescinded.
SEC. 219. CMS PROGRAM
MANAGEMENT
AC-
COUNT.—The amount otherwise provided by this Act for
‘‘Centers for Medicare and Medicaid Services—Program
Management’’ is hereby reduced by $155,000,000.
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 avail-
able for administrative and related information technology
expenses: Provided, That the Director of the Centers for
Disease Control and Prevention shall determine the alloca-
tion of the reduction among Agency activities, and shall
submit to the Committees on Appropriations a report
specifying the proposed allocation.
SEC. 221. (a) Notwithstanding section 412.23(b)(2)
of title 42 of the Code of Federal Regulations, none of
the funds appropriated by this Act may be expended by
the Secretary of Health and Human Services to treat a
hospital or unit of a hospital that was certified by the Sec-
retary as an inpatient rehabilitation facility on or before
June 30, 2004, as a subsection (d) hospital (as defined
in section 1886(d)(1)(B) of the Social Security Act (42
U.S.C. 1395ww(d)(1)(B))) until, not later than 60 days
after the date on which the report under subsection (b)
is issued, the Secretary, taking into account the rec-
ommendations in such report—
(1) determines that the classification criteria of
hospitals and units of hospitals as inpatient rehabili-
tation facilities under such section 412.23(b)(2) are
not inconsistent with such recommendations; or
(2) promulgates a regulation providing for re-
vised criteria under such section 412.23(b)(2), which
regulation shall be effective and final immediately on
an interim basis as of the date of publication of the
regulation.
(b) The study referred to in subsection (a) is a study
by the Comptroller General of the United States directed
in the statement of managers accompanying the con-
ference report on the bill H.R. 1 of the 108th Congress
regarding clinically appropriate standards for defining in-
patient 
rehabilitation 
services 
under 
such 
section
412.23(b)(2).
(c) The aggregate amount appropriated under title
II for ‘‘Centers for Medicare and Medicaid Services—Pro-
gram Management’’ is hereby reduced by $3,500,000.
SEC. 222. None of the funds appropriated in this title
may be used to impede the exchange of information be-
tween the Office of the Actuary of the Centers for Medi-
care & 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 Sec-
ondary 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 Edu-
cation on October 1, 2004, to obtain annually updated
educational-agency-level census poverty data from the Bu-
reau 
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 in-
centive 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 dis-
abilities under section 8003(d), $45,936,000 shall be for
construction under section 8007 and shall remain avail-
able 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 agen-
cy they attended prior to their change in eligibility status.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized 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 Associa-
tion 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 Fed-
erated States of Micronesia, and $6,100,000 shall be avail-
able to carry out the Supplemental Education Grants pro-
gram 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 Supple-
mental Education Grants programs and to obtain tech-
nical 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 Im-
provement Programs and including any funds transferred
by the Secretary of Education pursuant to section 304 of
that Act for state assessment grants authorized under sec-
tion 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 other-
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 pro-
vided, the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998, the Adult Education and Family Lit-
eracy Act, and subpart 4 of part D of title V of the Ele-
mentary 
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 Edu-
cation State Grants, $69,135,000 shall be made available
for integrated English literacy and civics education serv-
ices to immigrants and other limited English proficient
populations: Provided further, That of the amount re-
served 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 immi-
grants 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 Naturaliza-
tion Service data for immigrants admitted for legal perma-
nent 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 Edu-
cation 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 evalua-
tion, 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 agen-
cies 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 pro-
vided, section 121 and titles II, III, IV, V, VI, and VII
of the Higher Education Act of 1965 (‘‘HEA’’), as amend-
ed, 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 Voca-
tional and Technical Education Act, $1,976,056,000, of
which $1,500,000 for interest subsidies authorized by sec-
tion 121 of the HEA shall remain available until ex-
pended: 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 notwith-
standing 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 Ex-
change Act of 1961 may be used to support visits and
study in foreign countries by individuals who are partici-
pating in advanced foreign language training and inter-
national 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 gov-
ernment, the professions, or international development:
Provided further, That up to one percent of the funds re-
ferred to in the preceding proviso may be used for pro-
gram evaluation, national outreach, and information dis-
semination 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 pur-
suant 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 Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title III, part D of the
Higher Education Act of 1965, as amended, $212,000.
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 Appro-
priations Committees of both Houses of Congress are noti-
fied 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 De-
partment of Education policy with respect to the
Federal Family Education Loan Program Consolida-
tion loans for borrowers with both FFEL and non-
FFEL loans, as provided for in a dear colleague let-
ter of the Secretary’s dated April 29, 2004; or
(2) to issue letters regarding loan verification
certificates to providers of Federal Family Edu-
cation Loan requesting information regarding Wil-
liam D. Ford Direct Student Loans, including Di-
rect 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 Consolida-
tion Loan and has no other loans.
SEC. 307. For ‘‘SCHOOL IMPROVEMENT PROGRAMS’’
for innovative programs, as authorized by part A of title
V of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7201 et seq.), and the amount otherwise
provided by this Act for ‘‘EDUCATION FOR THE DIS-
ADVANTAGED’’ is hereby reduced by, $20,000,000.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2005’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the Armed Forces
Retirement Home—Washington and the Armed Forces
Retirement Home—Gulfport, to be paid from funds avail-
able 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 Pur-
chase 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 Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $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 vol-
unteer leaders whose incomes exceed 125 percent of the
national poverty level.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
1934, an amount which shall be available within limita-
tions 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 associ-
ated with the transition of public broadcasting to digital
broadcasting, including costs related to transmission
equipment and program production, development, and dis-
tribution, to be awarded as determined 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 re-
placement and upgrade of the public television inter-
connection 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-Man-
agement 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, in-
cluding $1,500,000, to remain available through Sep-
tember 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 ac-
tivities and other conflict resolution services and technical
assistance, including those provided to foreign govern-
ments and international organizations, and for arbitration
services shall be credited to and merged with this account,
and shall remain available until expended: Provided fur-
ther, That fees for arbitration services shall be available
only for education, training, and professional development
of the agency workforce: Provided further, That the Direc-
tor 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 ex-
pended.
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 Rela-
tions 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: Pro-
vided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, direc-
tives, 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 amend-
ed, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained 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 Presi-
dent, $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 Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement 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 addi-
tion, 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 ap-
proximately 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 deter-
mined 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 unemploy-
ment 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, of-
fice supplies, communications facilities or services, mainte-
nance 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 Se-
curity 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 Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$28,578,829,000, to remain available until expended: Pro-
vided, 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 So-
cial 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 ex-
pended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $15,000 for offi-
cial reception and representation expenses, not more than
$8,674,100,000 may be expended, as authorized by sec-
tion 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 So-
cial Security Administration information technology and
telecommunications hardware and software infrastructure,
including related equipment and non-payroll administra-
tive expenses associated solely with this information tech-
nology 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 poli-
cies, 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 admin-
istration fees in excess of $5.00 per supplementary pay-
ment 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 appropria-
tions Acts.
From funds previously appropriated for Federal-
State partnerships, any unobligated balances at the end
of fiscal year 2004 shall be transferred to the Supple-
mental Security Income Program and remain available
until expended to promote Medicare buy-in programs tar-
geted 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 ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance 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 trans-
fers 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 recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress or any State legis-
lature, 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 recipi-
ent, 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 sala-
ries and expenses under titles I and III, respectively, for
official reception and representation expenses; the Direc-
tor of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and rep-
resentation expenses not to exceed $5,000 from the funds
available for ‘‘Salaries and expenses, Federal Mediation
and Conciliation Service’’; and the Chairman of the Na-
tional Mediation Board is authorized to make available for
official reception and representation expenses not to ex-
ceed $5,000 from funds available for ‘‘Salaries and ex-
penses, 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 nee-
dles or syringes for the hypodermic injection of any illegal
drug.
SEC. 506. When issuing statements, press releases,
requests for proposals, bid solicitations and other docu-
ments 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 re-
search grants, shall clearly state—
(1) the percentage of the total costs of the pro-
gram 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. 507. (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 abor-
tion.
(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 arrange-
ment.
SEC. 508. (a) The limitations established in the pre-
ceding 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 con-
strued 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 con-
strued as restricting the ability of any managed care pro-
vider from offering abortion coverage or the ability of a
State or locality to contract separately with such a pro-
vider 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 cov-
erage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’
includes an individual physician or other health care pro-
fessional, 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. 509. (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 em-
bryos are destroyed, discarded, or knowingly sub-
jected 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. 510. (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 estab-
lished by section 202 of the Controlled Substances Act (21
U.S.C. 812).