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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 sec-
tion 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 cor-
porations: Provided further, That $95,000,000 is for a com-
passion capital fund to provide grants to charitable organi-
zations to emulate model social service programs and to en-
courage research on the best practices of social service orga-
nizations: Provided further, That $14,879,000 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 pro-
mote access for voters with disabilities, and of which
$4,879,000 shall be for payments to States for protection
and advocacy systems for voters with disabilities: Provided
further, That $101,000,000 shall be for making competitive
grants to provide abstinence education (as defined by sec-
tion 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 pro-
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viso 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 en-
tities 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 infor-
mation 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 edu-
cation was provided: Provided further, That within
amounts provided herein for abstinence education for ado-
lescents, 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 edu-
cation 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 longitu-
dinal evaluations) of adolescent pregnancy prevention ap-
proaches: Provided further, That $2,000,000 shall be for im-
proving the Public Assistance Reporting Information Sys-
tem, including grants to States to support data collection
for a study of the system’s effectiveness: Provided further,
That the total amount made available under this heading
shall be increased by $10,000,000, which shall be for car-
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rying out the National Youth Sports Program under the
Community Services Block Grant Act.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security
Act, $305,000,000 and for section 437, $90,000,000: Pro-
vided, That the Secretary shall undertake a family reunifi-
cation effort in concert with national non-profit organiza-
tions engaged in similar efforts.
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,
$4,852,800,000.
For making payments to States or other non-Federal
entities under title IV–E of the Act, for the first quarter
of fiscal year 2007, $1,730,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under sec-
tion 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, $1,391,699,000, of
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which $5,500,000 shall be available for activities regarding
medication management, screening, and education to pre-
vent incorrect medication and adverse drug reactions.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six se-
dans, and for carrying out titles III, XVII, XX, and XXI
of the Public Health Service Act, the United States-Mexico
Border Health Commission Act, and research studies under
section 1110 of the Social Security Act, $353,614,000, to-
gether 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 Supple-
mental Medical Insurance Trust Fund, and $39,552,000
from the 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
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 Secu-
rity Act, as amended, without application of the limitation
of section 2010(c) of said title XX: Provided further, That
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of this amount, $52,415,000 shall be for minority AIDS
prevention and treatment activities; and $5,952,000 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: Provided
further, That specific information requests from the chair-
men and ranking members of the Subcommittees on Labor,
Health and Human Services, and Education, and Related
Agencies, on scientific research or any other matter, shall
be transmitted to the Committees on Appropriations in a
prompt professional manner and within the time frame
specified in the request: Provided further, That scientific in-
formation requested by the Committees on Appropriations
and prepared by government researchers and scientists shall
be transmitted to the Committees on Appropriations, un-
censored and without delay.
OFFICE OF MEDICARE HEARINGS AND APPEALS
For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such Act),
$75,000,000, to be transferred in appropriate part from the
Federal Hospital Insurance and the Federal Supple-
mentary Medical Insurance Trust Funds.
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OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH
INFORMATION TECHNOLOGY
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts and cooperative agreements for the devel-
opment and advancement of an interoperable national
health information technology infrastructure, $32,800,000:
Provided, That in addition to amounts provided herein,
$12,350,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out health information technology network development.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral, including the hire of passenger motor vehicles for in-
vestigations, in carrying out the provisions of the Inspector
General Act of 1978, as amended, $39,813,000: Provided,
That of such amount, necessary sums are available for pro-
viding 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: Provided further,
That funds transferred to this heading pursuant to section
220 of the Department of Health and Human Services Ap-
propriations Act, 2005, shall remain available until Sep-
tember 30, 2006.
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OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$31,682,000, 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.
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 Pro-
tection Plan and Survivor Benefit Plan, for medical care
of dependents and retired personnel under the Dependents’
Medical Care Act (10 U.S.C. chapter 55), such amounts as
may be required during the current fiscal year.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to
countering potential biological, disease, nuclear, radio-
logical and chemical threats to civilian populations, and
to ensure a year-round influenza vaccine production capac-
ity, the development and implementation of rapidly ex-
pandable influenza vaccine production technologies, and if
determined necessary by the Secretary, the purchase of in-
fluenza vaccine, $8,158,589,000: Provided, That these funds
shall be distributed at the discretion of the President, after
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consultation with the Chairman and Ranking Members of
the House and Senate Committees on Appropriations, the
Chairman and Ranking Members of the House and Senate
Subcommittees on Labor, Health and Human Services, and
Education Appropriations, the Chairman and Ranking
Member of the Senate Health, Education, Labor, and Pen-
sions Committee, and the Senate Majority and Minority
Leaders: Provided further, That $8,095,000,000 of amounts
available for influenza and other potential pandemics pre-
paredness is designated as an emergency requirement pur-
suant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006
and shall 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.
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SEC. 203. None of the funds appropriated in this Act
may be used to implement section 399F(b) of the Public
Health Service Act or section 1503 of the National Insti-
tutes 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 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 submis-
sion of a report to the Committee on Appropriations of the
Senate and of the House detailing the planned uses of such
funds.
SEC. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall de-
termine, but not more than 2.5 percent, of any amounts
appropriated for programs authorized under said Act shall
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be made available for the evaluation (directly, or by grants
or contracts) of the implementation and effectiveness of such
programs.
(TRANSFER OF FUNDS)
SEC. 207. 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 appro-
priated for the current fiscal year for the Department of
Health and Human Services in this Act may be transferred
between a program, project, or activity, but no such pro-
gram, project, or activity shall be increased by more than
3 percent by any such transfer: Provided, That a program,
project, or activity may be increased by up to an additional
2 percent subject to approval by the House and Senate Com-
mittees on Appropriations: Provided further, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Appropriations Committees of both Houses of Con-
gress are notified at least 15 days in advance of any trans-
fer.
(TRANSFER OF FUNDS)
SEC. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS Re-
search, may transfer up to 3 percent among institutes, cen-
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ters, and divisions 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.
(TRANSFER OF FUNDS)
SEC. 209. 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 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. 210. 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. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be
used to carry out the Medicare Advantage program if the
Secretary denies participation in such program to an other-
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wise eligible entity (including a Provider Sponsored Orga-
nization) 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 Advantage orga-
nization described in this section shall be responsible for
informing enrollees where to obtain information about all
Medicare covered services.
SEC. 212. 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 molesta-
tion, sexual abuse, rape, or incest.
SEC. 213. (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, 2006 that the State will
commit additional State funds, in accordance with sub-
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section (b), to ensure compliance with State laws prohib-
iting 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 per-
centage point by which the State misses the retailer compli-
ance 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 fis-
cal year 2006 for tobacco prevention programs and for com-
pliance activities at a level that is not less than the level
of such expenditures maintained by the State for fiscal year
2005, and adding to that level the additional funds for to-
bacco compliance activities required under subsection (a).
The State is to submit a report to the Secretary on all fiscal
year 2005 State expenditures and all fiscal year 2006 obli-
gations for tobacco prevention and compliance activities by
program activity by July 31, 2006.
(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, 2006.
(e) None of the funds appropriated by this Act may
be used to withhold substance abuse funding pursuant to
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section 1926 from a territory that receives less than
$1,000,000.
SEC. 214. 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 2006, 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 appli-
cable statutes administered by the Department of
State, and
(2) is authorized to provide such funds by ad-
vance or reimbursement to the Secretary of State as
may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of fa-
cilities outside of the United States for the use of the
Department of Health and Human Services. The De-
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partment of State shall cooperate fully with the Sec-
retary of Health and Human Services to ensure that
the Department of Health and Human Services has
secure, safe, functional facilities that comply with ap-
plicable 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 for-
eign countries, funds to acquire, lease, alter, or ren-
ovate facilities in those countries as necessary to con-
duct programs of assistance for international health
activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environ-
mental diseases, and other health activities abroad.
SEC. 215. The Division of Federal Occupational
Health hereafter may utilize personal services contracting
to employ professional management/administrative and oc-
cupational health professionals.
SEC. 216. (a) AUTHORITY.—Notwithstanding any
other provision of law, the Director of the National Insti-
tutes of Health may use funds available under section
402(i) of the Public Health Service Act (42 U.S.C. 282(i))
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to enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research in support of
the NIH Roadmap for Medical Research.
(b) PEER REVIEW.—In entering into transactions
under subsection (a), the Director of the National Institutes
of Health may utilize such peer review procedures (includ-
ing 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. 217. Funds which are available for Individual
Learning Accounts for employees of the Centers for Disease
Control and Prevention and the Agency for Toxic Sub-
stances and Disease Registry may be transferred to ‘‘Dis-
ease Control, Research, and Training’’, to be available only
for Individual Learning Accounts: Provided, That such
funds may be used for any individual full-time equivalent
employee while such employee is employed either by CDC
or ATSDR.
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SEC. 218. Notwithstanding any other provisions of
law, funds made available in this Act may be used to con-
tinue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102–408.
(RESCISSION OF FUNDS)
SEC. 219. The unobligated balance in the amount of
$10,000,000 appropriated by Public Law 108–11 under the
heading ‘‘Public Health and Social Services Emergency
Fund’’ are rescinded.
(RESCISSION OF FUNDS)
SEC. 220. $15,912,000 of the unobligated balance of
the Health Professions Student Loan program authorized
in subpart II, Federally-Supported Student Loan Funds,
of title VII of the Public Health Service Act are rescinded.
SEC. 221. Funds appropriated for State Pharma-
ceutical Assistance Programs in Public Law 108–173 for
fiscal year 2005 shall remain available through fiscal year
2006.
SEC. 222. Not later than June 30, 2006, the Secretary
of Health and Human Services shall prepare and submit
to Congress a report outlining—
(1) a detailed plan for expeditiously changing
the numerical identifier used to identify medicare
beneficiaries under the medicare program so that a
beneficiary’s social security account number is no
longer displayed on the identification card issued to
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the beneficiary under such program or on any expla-
nation of medicare benefits mailed to the beneficiary;
and
(2) the costs of implementing such plan.
SEC. 223. (a) The Headquarters and Emergency Oper-
ations Center Building (Building 21) at the Centers for
Disease Control and Prevention is hereby renamed as the
Arlen Specter Headquarters and Emergency Operations
Center.
(b) The Global Communications Center Building
(Building 19) at the Centers for Disease Control and Pre-
vention is hereby renamed as the Thomas R. Harkin Global
Communications Center.
SEC. 224. The Secretary of Health and Human Serv-
ices shall use amounts appropriated under title II for the
purchase of not less than 1,000,000 rapid oral HIV tests.
SEC. 225. (a) Notwithstanding any other provision of
law, none of the funds made available under this Act may
be used to implement or enforce the interim final rule pub-
lished in the Federal Register by the Centers for Medicare
& Medicaid Services on August 26, 2005 (70 Fed. Reg.
50940) or any corresponding similar regulation or ruling—
(1) prior to April 1, 2006; and
(2) on or after April 1, 2006, unless the Sec-
retary of Health and Human Services publishes—
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(A) by not later than January 1, 2006, a
proposed rule with respect to motorized or pow-
ered wheelchairs, followed by a 45-day period to
comment on the proposed rule; and
(B) by not later than February 14, 2006, a
final rule with respect to motorized or powered
wheelchairs, followed by a 45-day transition pe-
riod for implementation of the final rule.
(b)(1) Notwithstanding any other provision of law,
with respect to a covered item consisting of a motorized or
power wheelchair furnished during 2006, the Secretary of
Health and Human Services shall reduce the payment
amount otherwise applicable under section 1834 of the So-
cial Security Act (42 U.S.C. 1395m) for such item by 1.5
percent.
(2) The payment reduction provided under paragraph
(1) for 2006—
(A) shall not apply to a covered item consisting
of a motorized or power wheelchair that is furnished
after 2006; and
(B) shall not be taken into account in calcu-
lating the payment amounts applicable for such a
covered item furnished after 2006.
SEC. 226. TELEHEALTH. (a) APPROPRIATION.—Of the
amounts appropriated to the Health Resource and Services
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Administration, $10,000,000 shall be to carry out programs
and activities under the Health Care Safety Net Amend-
ments of 2002 (Public Law 107–251) and the amendments
made by such Act, and for other telehealth programs under
section 330I of the Public Health Service Act (42 U.S.C.
254c–14), of which—
(1) $2,500,000 shall be for not less than 10 tele-
health resource centers that provide assistance with
respect to technical, legal, and regulatory service de-
livery or other related barriers to the deployment of
telehealth technologies, of which not less than 2 centers
shall be located in a rural State with a population
of less than 1,500,000 individuals;
(2) $5,000,000 shall be for network grants and
demonstration or pilot projects for telehomecare; and
(3) $2,500,000 shall be for grants to carry out
programs under which health licensing boards or var-
ious States cooperate to develop and implement poli-
cies that will reduce statutory and regulatory barriers
to telehealth.
SEC. 227. From amounts appropriated to the Health
Resources and Services Administration, $5,000,000 shall be
available to fund grants for innovative programs to address
dental workforce needs under section 340G of the Public
Health Service Act (42 U.S.C. 246g).
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SEC. 228. None of the funds made available in this
Act may be used to provide abstinence education that in-
cludes information that is medically inaccurate. For pur-
poses of this section, the term ‘‘medically inaccurate’’ means
information that is unsupported or contradicted by peer-
reviewed research by leading medical, psychological, psy-
chiatric, and public health publications, organizations and
agencies.
SEC. 229. For carrying out the Low-Vision Rehabilita-
tion Services Demonstration Project by the Secretary of
Health and Human Services, an additional $5,000,000.
SEC. 230. (a) FINDINGS.—The Senate makes the fol-
lowing findings:
(1) Hospitals cannot provide patient care with-
out physicians.
(2) It is particularly difficult for hospitals to
provide patient care to uninsured patients.
(3) Medicaid disproportionate share hospital
(DSH) payments provide payments to hospitals to
provide care to uninsured patients.
(4) Hospitals that provide a large volume of care
to uninsured patients incur significant costs.
(5) Since there is no other source of reimburse-
ment for hospitals related to these costs, some States
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have permitted reimbursement of these physician costs
through Medicaid DSH.
(6) The State of Virginia has approved the in-
clusion of physician services costs as hospital costs for
Medicaid DSH purposes.
(7) Fifty percent of all indigent care in the State
of Virginia is provided by its 2 academic medical
centers.
(8) The financial viability of these academic
medical centers is threatened if these costs cannot be
included in Medicaid DSH reimbursement.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Senate is aware of an issue regarding the defi-
nition of ‘‘hospital costs’’ incurred by the State of Virginia
for purposes of Medicaid reimbursement to that State and
urges the Administrator of the Centers for Medicare & Med-
icaid Services to work with the State to resolve the pending
issue.
SEC. 231. In addition to amounts appropriated under
this Act, out of any money in the Treasury not otherwise
appropriated an additional $800,000 to carry out section
312 of the Public Health Service Act (42 U.S.C. 244).
SEC. 232. ADDITIONAL PUBLIC HEALTH FUNDING. (a)
MINORITY PUBLIC HEALTH.—In addition to amounts oth-
erwise appropriated under this Act, there are appropriated,
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out of any money in the Treasury not otherwise appro-
priated, $10,000,000 for the Office of Minority Health.
(b) SICKLE CELL DISEASE.—From amounts appro-
priated under the title for the Office of the Secretary of
Health and Human Services, such Secretary shall make
available and amount not to exceed $2,000,000 of such
amounts to provide funding for grants under paragraph (1)
of section 712(c) of Public Law 108–357 (42 U.S.C. 300b–
1 note).
(c) OFFSET.—Notwithstanding any other provision of
this Act, amounts made available under this Act under the
heading Program Management for the Centers for Medicare
and Medicaid Services shall be reduced, on a pro rata basis,
by an additional $12,000,000.
SEC. 233. MOSQUITO ABATEMENT FOR SAFETY AND
HEALTH ACT. From amounts appropriated under this Act
for the Centers for Disease Control and Prevention for infec-
tious diseases-West Nile Virus, there shall be transferred
$5,000,000 to carry out section 317S of the Public Health
Service Act (relating to mosquito abatement for safety and
health).
SEC. 234. Amounts appropriated in this title for com-
munity health center programs under section 330 of the
Public Health Service Act (42 U.S.C. 254b) shall be in-
creased by $50,000,000.
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SEC. 235. None of the funds made available in this
Act may be used to implement any strategic plan under
section 3 of Executive Order 13335 (regarding interoperable
health information technology) that lacks a provision that
requires the Department of Health and Human Services to
give notice to any patient whose information maintained
by the Department under the strategic plan is lost, stolen,
or used for a purpose other than the purpose for which the
information was collected.
SEC. 236. LIMITATION ON TRAVEL AND CONFERENCES.
The appropriations for travel, conference programs and re-
lated expenses for the Department of Health and Human
Services are reduced by $15,000,000.
SEC. 237. In addition to amounts otherwise appro-
priated under this Act, there are appropriated, out of any
money in the Treasury not otherwise appropriated,
$15,121,000 for activities authorized by the Help America
Vote Act of 2002, of which $13,500,000 shall be for pay-
ments to States to promote access for voters with disabil-
ities, and of which $8,621,000 shall be for payments to
States for protection and advocacy systems for voters with
disabilities.
SEC. 238. (a) Section 1310.12(a) of the Code of Federal
Regulations shall not apply before June 30, 2006, to any
agency or its designee that provides transportation services
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for children enrolled in a Head Start program or an Early
Head Start program if such agency or designee places such
children in child restraint systems (as defined in section
571.213 of the Code of Federal Regulations).
(b) Section 640(i) of the Head Start Act (42 U.S.C.
9835(i)) is amended—
(1) by striking ‘‘(i) The’’ and inserting the fol-
lowing:
‘‘(i) TRANSPORTATION SAFETY.—
‘‘(1) REGULATIONS.—The’’; and
(2) by adding at the end the following:
‘‘(2) WAIVER AUTHORITY.—
‘‘(A) IN
GENERAL.—The Secretary may
waive, for a period of up to one year, the re-
quirements of regulations promulgated under
paragraph (1) of this subsection and section
1310.12(a) of the Code of Federal Regulations for
one or more vehicles used by the agency or its
designee in transporting children enrolled in a
Head Start program or an Early Head Start
program if—
‘‘(i) such requirements pertain to child
restraint systems and bus monitors;
‘‘(ii) the agency demonstrates that
compliance with such requirements will re-
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sult in a significant disruption to the Head
Start program or the Early Head Start
program; and
‘‘(iii) the waiver is in the best interest
of the child.
‘‘(B) RENEWAL.—The Secretary may renew
a waiver under subparagraph (A).’’.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 2006’’.
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, $14,525,135,000, of
which $6,935,826,000 shall become available on July 1,
2006, and shall remain available through September 30,
2007, and of which $7,383,301,000 shall become available
on October 1, 2006, and shall remain available through
September 30, 2007 for academic year 2006–2007: Pro-
vided, That $6,934,854,000 shall be for basic grants under
section 1124: Provided further, That up to $3,472,000 of
these funds shall be available to the Secretary of Education
on October 1, 2005, to obtain annually updated edu-
cational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $1,365,031,000 shall
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be for concentration grants under section 1124A: Provided
further, That $2,269,843,000 shall be for targeted grants
under section 1125: Provided further, That $2,269,843,000
shall be for education finance incentive grants under section
1125A: Provided further, That $9,424,000 shall be to carry
out part E of title I.
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the Ele-
mentary 
and 
Secondary 
Education 
Act 
of 
1965,
$1,240,862,000, of which $1,102,896,000 shall be for basic
support payments under section 8003(b), $49,966,000 shall
be for payments for children with disabilities under section
8003(d), $18,000,000 shall be for construction under section
8007 and shall remain available through September 30,
2007, $65,000,000 shall be for Federal property payments
under section 8002, and $5,000,000, 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 agen-
cy under section 8003(a) of the Elementary and Secondary
Education Act (20 U.S.C. 7703(a)) for school year 2005–
2006, 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
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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 de-
scribed 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 aver-
age daily attendance at a school in the same local edu-
cational agency they attended prior to their change in eligi-
bility status.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities author-
ized by title II, part B of title IV, part A and subparts
6 and 9 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 Sec-
ondary Education Act of 1965 (‘‘ESEA’’); the McKinney-
Vento Homeless Assistance Act; section 203 of the Edu-
cational Technical Assistance Act of 2002; the Compact of
Free Association Amendments Act of 2003; and the Civil
Rights 
Act 
of 
1964, 
$5,457,953,000, 
of 
which
$3,821,042,000 shall become available on July 1, 2006, and
remain available through September 30, 2007, and of which
$1,435,000,000 shall become available on October 1, 2006,
and shall remain available through September 30, 2007, for
academic year 2006–2007: Provided, That funds made
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available to carry out part B of title VII of the ESEA may
be used for construction, renovation and modernization of
any elementary school, secondary school, or structure re-
lated to an elementary school or secondary school, run by
the Department of Education of the State of Hawaii, that
serves a predominantly Native Hawaiian student body:
Provided further, That from the funds referred to in the pre-
ceding proviso, not less than $1,250,000 shall be for a grant
to the Department of Education of the State of Hawaii for
the activities described in such proviso, and $1,250,000
shall be for a grant to the University of Hawaii School of
Law for a Center of Excellence in Native Hawaiian law:
Provided further, That funds made available to carry out
part C of title VII of the ESEA may be used for construc-
tion: Provided further, That $411,680,000 shall be for State
assessments and related activities authorized under sections
6111 and 6112 of the ESEA: Provided further, That
$56,825,000 shall be available to carry out section 203 of
the Educational Technical Assistance Act of 2002: Provided
further, That $36,022,000 shall be available to carry out
part D of title V of the ESEA: Provided further, That no
funds appropriated under this heading may be used to
carry out section 5494 under the ESEA: Provided further,
That $12,132,000 shall be available to carry out the Supple-
mental Education Grants program for the Federated States
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of Micronesia, and $6,051,000 shall be available to carry
out the Supplemental Education Grants program for the
Republic of the Marshall Islands: Provided further, That
up to 5 percent of these amounts may be reserved by the
Federated States of Micronesia and the Republic of the Mar-
shall Islands to administer the Supplemental Education
Grants programs and to obtain technical assistance, over-
sight and consultancy services in the administration of
these grants and to reimburse the United States Depart-
ments of Labor, Health and Human Services, and Edu-
cation for such services.
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, $119,889,000.
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’’), $1,020,385,000: Provided, That $10,000,000
shall be available to carry out section 2151(c) of the ESEA
through an award to the National Board for Professional
Teaching Standards: Provided further, That from funds for
subpart 4, part C of title II, up to 3 percent shall be avail-
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able to the Secretary for technical assistance and dissemina-
tion of information: Provided further, That $380,924,000
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 Sec-
ondary Education Act of 1965 (‘‘ESEA’’), $697,300,000, of
which $300,000,000 shall become available on July 1, 2006
and remain available through September 30, 2007: Pro-
vided, That of the amount available for subpart 2 of part
A of title IV of the ESEA, $850,000 shall be used to con-
tinue the National Recognition Awards program under the
same guidelines outlined by section 120(f) of Public Law
105–244: Provided further, That $300,000,000 shall be
available for subpart 1 of part A of title IV and
$232,807,000 shall be available for subpart 2 of part A of
title IV: Provided further, That $134,493,000 shall be avail-
able 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 $12,440,000 may be used to
carry out section 2345 and $3,087,000 shall be used by the
Center for Civic Education to implement a comprehensive
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program to improve public knowledge, understanding, and
support of the Congress and the State legislatures.
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA,
$675,765,000, which shall become available on July 1, 2006,
and shall remain available through September 30, 2007, ex-
cept that 6.5 percent of such amount shall be available on
October 1, 2005 and shall remain available through Sep-
tember 30, 2007, to carry out activities under section
3111(c)(1)(C).
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act, $11,774,107,000, of which $6,145,104,000
shall become available on July 1, 2006, and shall remain
available through September 30, 2007, and of which
$5,424,200,000 shall become available on October 1, 2006,
and shall remain available through September 30, 2007, for
academic year 2006–2007: Provided, That $12,000,000
shall be for Recording for the Blind and Dyslexic, Inc., to
support the development, production, and circulation of re-
corded educational materials: Provided further, That
$1,500,000 shall be for the recipient of funds provided by
Public Law 105–78 under section 687(b)(2)(G) of the Act
(as in effect prior to the enactment of the Individuals with
Disabilities Education Improvement Act of 2004) to pro-
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vide information on diagnosis, intervention, and teaching
strategies for children with disabilities: Provided further,
That the amount for section 611(b)(2) of the Act shall be
equal to the amount available for that activity during fiscal
year 2005, increased by the amount of inflation as specified
in section 619(d)(2)(B) 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 Cen-
ter Act, $3,133,638,000, of which $1,000,000 shall be award-
ed to the American Academy of Orthotists and Prosthetists
for activities that further the purposes of the grant received
by the Academy for the period beginning October 1, 2003,
including activities to meet the demand for orthotic and
prosthetic provider services and improve patient care: Pro-
vided, That $34,760,000 shall be used for carrying out the
AT Act, including $4,500,000 for State grants for protec-
tion and advocacy under section 5 of the AT Act and
$3,760,000 shall be for alternative financing programs
under section 4(b)(2)(D) of the AT Act: Provided further,
That the Federal share of grants for alternative financing
programs shall not exceed 75 percent, and the requirements
in section 301(c)(2) and section 302 of the AT Act (as in
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effect on the day before the date of enactment of the Assistive
Technology Act of 2004) 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.), $18,500,000.
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.), $57,279,000, of which
$800,000 shall be for construction and shall remain avail-
able 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.), $108,500,000: 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
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Act of 1998, the Adult Education and Family Literacy Act,
title VIII–D of the Higher Education Amendments of 1998,
and subpart 11 of part D of title V of the Elementary and
Secondary 
Education 
Act 
of 
1965 
(‘‘ESEA’’),
$1,923,766,000, of which $1,127,806,000 shall become avail-
able on July 1, 2006 and shall remain available through
September 30, 2007 and of which $791,000,000 shall become
available on October 1, 2006 and shall remain available
through September 30, 2007: Provided, That of the amount
provided for Adult Education State Grants, $68,582,000
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 deter-
mined by calculating each State’s share of a 10-year aver-
age 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 Naturaliza-
tion Service data for immigrants admitted for legal perma-
nent residence are available, except that no State shall be
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allocated an amount less than $60,000: Provided further,
That of the amounts made available for the Adult Edu-
cation and Family Literacy Act, $9,096,000 shall be for
national leadership activities under section 243 and
$6,638,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $4,960,000 shall
be available to carry out part D of title V of the ESEA:
Provided further, That $24,000,000 shall be for Youth Of-
fender Grants.
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, $15,103,795,000, which shall remain
available through September 30, 2007.
The maximum Pell Grant for which a student shall
be eligible during award year 2006–2007 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, $120,000,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the Higher Education
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Act of 1965 (‘‘HEA’’), as amended, the Mutual Educational
and Cultural Exchange Act of 1961, title VIII of the Higher
Education Amendments of 1998, and section 117 of the Carl
D. Perkins Vocational and Technical Education Act,
$2,099,508,000: Provided, That $9,797,000, to remain
available through September 30, 2007, shall be available to
fund fellowships for academic year 2007–2008 under part
A, subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1: Provided further, That not-
withstanding any other provision of law or any regulation,
the Secretary of Education shall not require the use of a
restricted indirect cost rate for grants issued pursuant to
section 117 of the Carl D. Perkins Vocational and Technical
Education Act of 1998: Provided further, That $980,000 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 Edu-
cational and Cultural Exchange Act of 1961 may be used
to support visits and study in foreign countries by individ-
uals 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
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their language skills and knowledge of these countries in
the fields of government, the professions, or international
development: Provided further, That of the funds referred
to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and informa-
tion dissemination activities, and shall be used by the Sec-
retary of Education to develop, through consultation with
the Secretaries of State, Commerce, Homeland Security,
and Energy, institutions of higher education in the United
States, organizations that participate in international ex-
change programs, and other appropriate groups, a strategic
plan for enhancing the access of foreign students, scholars,
scientists, and exchange visitors to institutions of higher
education of the United States for study and exchange ac-
tivities: Provided further, That the strategic plan described
in the preceding proviso shall make use of the Internet and
other media resources, establish a clear division of responsi-
bility and a mechanism of institutionalized cooperation be-
tween the Departments of Education, State, Commerce,
Homeland Security, and Energy, and include streamlined
procedures to facilitate international exchanges of foreign
students, scholars, scientists, and exchange visitors: Pro-
vided further, That the funds provided for title II of the
HEA shall be allocated notwithstanding section 210 of such
Act.
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HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $238,789,000, of which not less than $3,600,000
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 ACCOUNT
For Federal administrative expenses to carry out ac-
tivities related to existing facility loans pursuant to section
121 of the Higher Education Act of 1965, as amended,
$573,000.
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 High-
er Education Act of 1965, as amended, $210,000.
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INSTITUTE OF EDUCATION SCIENCES
For carrying out activities authorized by the Edu-
cation Sciences Reform Act of 2002, as amended, the Na-
tional Assessment of Educational Progress Authorization
Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Dis-
abilities 
Education 
Act, 
$522,695,000, 
of 
which
$271,560,000 shall be available until September 30, 2007.
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, $411,992,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
as authorized by section 203 of the Department of Edu-
cation Organization Act, $91,526,000.
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, $49,408,000.
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
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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 edu-
cation, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect re-
quirement of transportation of students includes the trans-
portation of students to carry out a plan involving the reor-
ganization 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 in this Act may be
used to prevent the implementation of programs of vol-
untary 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 appro-
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priated for the Department of Education in this Act may
be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Commit-
tees of both Houses of Congress are notified at least 15 days
in advance of any transfer.
SEC. 305. For an additional amount to carry out sub-
part 1 of part A of title IV of the Higher Education Act
of 1965 for the purpose of eliminating the estimated accu-
mulated shortfall of budget authority for such subpart,
$4,300,000,000, pursuant to section 303 of H. Con. Res. 95,
the concurrent resolution on the budget for fiscal year 2006.
SEC. 306. Subpart 12 of part D of title V of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
7265 et seq.) is amended—
(1) in section 5522(b), by adding at the end the
following:
‘‘(4) To authorize and develop cultural and edu-
cational programs relating to the Mississippi Band of
Choctaw Indians.’’;
(2) in section 5523(a)—
(A) 
by 
redesignating 
paragraphs 
(6)
through (8) as paragraphs (7) through (9), re-
spectively; and
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(B) by inserting after paragraph (5) the fol-
lowing:
‘‘(6) The Mississippi Band of Choctaw Indians
in Choctaw, Mississippi.’’; and
(3) in section 5525, by adding at the end the fol-
lowing:
‘‘(4) For cultural and educational programs, not
less than $2,000,000 to the Mississippi Band of Choc-
taw Indians in Choctaw, Mississippi.’’.
SEC. 307. APPLICATIONS FOR IMPACT AID PAYMENT.
Notwithstanding paragraphs (2) and (3) of section
8005(d) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7705(d)(2) and (3)), the Secretary of
Education shall treat as timely filed, and shall process for
payment, an application under section 8002 or section 8003
of such Act (20 U.S.C. 7702, 7703) for fiscal year 2005 from
a local educational agency—
(1) that, for each of the fiscal years 2000 through
2004, submitted an application by the date specified
by the Secretary of Education under section 8005(c)
of such Act for the fiscal year;
(2) for which a reduction of more than
$1,000,000 was made under section 8005(d)(2) of
such Act by the Secretary of Education as a result of
the agency’s failure to file a timely application under
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section 8002 or 8003 of such Act for fiscal year 2005;
and
(3) that submits an application for fiscal year
2005 during the period beginning on February 2,
2004, and ending on the date of enactment of this
Act.
SEC. 308. The Secretary of Education shall conduct
a study to evaluate the effectiveness of violence prevention
programs receiving funding under the Safe and Drug-Free
Schools and Communities Act (20 U.S.C. 7101 et seq.)
based on, among other things, evidence of deterrent effect,
strong research design, sustained effects, and multiple site
replication. The study shall also include information on
what regular assessment mechanisms exist to allow the De-
partment of Education to evaluate the efficacy of such pro-
grams on an ongoing basis. Not later than 18 months after
the date of enactment of this Act, the Secretary of Education
shall submit a report to Congress describing the findings
of the study.
SEC. 309. There are appropriated, out of any money
in the Treasury not otherwise appropriated, $7,000,000 to
the National Assessment Governing Board for the purposes
of implementing a National Assessment of Educational
Progress test in United States history.
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SEC. 310. (a) In addition to amounts otherwise appro-
priated under this Act, there is appropriated, out of any
money in the Treasury not otherwise appropriated, an ad-
ditional $4,900,000 to carry out part H of title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6551 et seq.).
(b) Notwithstanding any other provision of this Act,
the amount made available under the heading Health Re-
sources and Services Administration for construction and
renovation is further reduced by $4,900,000.
SEC. 311. In addition to amounts otherwise appro-
priated under this Act, there is appropriated, out of any
money in the Treasury not otherwise appropriated, an ad-
ditional $7,000,000 to carry out part G of title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6531 et seq.).
SEC. 312. THURGOOD
MARSHALL
LEGAL
EDU-
CATIONAL OPPORTUNITY PROGRAM AND POSITIVE BEHAV-
IORAL INTERVENTIONS AND SUPPORTS. (a) INCREASES.—
In addition to amounts otherwise appropriated under this
Act, there is appropriated, out of any money in the Treas-
ury not otherwise appropriated, an additional $3,500,000
for subpart 3 of part A of title VII of the Higher Education
Act of 1965 (20 U.S.C. 1136 et seq.), and an additional
$1,000,000 to the Office of Special Education Programs of
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the Department of Education for the expansion of positive
behavioral interventions and supports.
(b) OFFSET FROM CONSULTING EXPENSES.—
(1) Notwithstanding any other provision of this
Act, each amount provided by this Act for consulting
expenses for the Department of Health and Human
Services shall be reduced by the pro rata percentage
required to reduce the total amount provided by this
Act for such expenses by $4,500,000.
(2) Not later than 30 days after the date of en-
actment of this Act, the Director of the Office of Man-
agement and Budget shall submit to the Committee
on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate
a listing of the amounts by account of the reductions
made pursuant to paragraph (1).
(c) REPORT ON THURGOOD MARSHALL LEGAL EDU-
CATIONAL OPPORTUNITY PROGRAM.—Not later than Sep-
tember 30, 2006, the Secretary of Education shall prepare
and submit to Congress a report on the evaluation data re-
garding the educational and professional performance of in-
dividuals who have participated, during fiscal year 2006
or any preceding year, in the program under subpart 3 of
part A of title VII of the Higher Education Act of 1965
(20 U.S.C. 1136 et seq.).
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SEC. 313. In addition to amounts otherwise appro-
priated under this Act, there are appropriated, out of any
money in the Treasury not otherwise appropriated,
$5,000,000 to carry out the Federal TRIO programs under
chapter 1 of subpart 2 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a–11 et seq.).
SEC. 314. INCREASED FUNDING FOR EDUCATION PRO-
GRAMS SERVING HISPANIC STUDENTS. (a) MIGRANT EDU-
CATION.—In addition to amounts otherwise appropriated
under this Act, there are appropriated, out of any money
in the Treasury not otherwise appropriated, an additional
$4,800,000 for the education of migratory children under
part C of title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6391 et seq.).
(b) ENGLISH LANGUAGE ACQUISITION.—In addition
to amounts otherwise appropriated under this Act, there are
appropriated, out of any money in the Treasury not other-
wise appropriated, an additional $7,650,000 for English
language acquisition programs under part A of title III of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6811 et seq.).
(c) HEP/CAMP.—In addition to amounts otherwise
appropriated under this Act, there are appropriated, out
of any money in the Treasury not otherwise appropriated,
an additional $2,850,000 for the High School Equivalency
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Program and the College Assistance Migrant Program
under section 418A of the Higher Education Act of 1965
(20 U.S.C. 1070d–2).
(d) 
ESL/CIVICS 
PROGRAMS.—In 
addition 
to
amounts otherwise appropriated under this Act, there are
appropriated, out of any money in the Treasury not other-
wise appropriated, an additional $3,250,000 for English as
a second language programs and civics education programs
under the Adult Education Act (20 U.S.C. 9201 et seq.).
(e) PARENT ASSISTANCE AND LOCAL FAMILY INFOR-
MATION CENTERS.—In addition to amounts otherwise ap-
propriated under this Act, there are appropriated, out of
any money in the Treasury not otherwise appropriated, an
additional $6,500,000 for the Parent Assistance and Local
Family Information Centers under subpart 16 of part D
of title V of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7273 et seq.).
(g) HISPANIC-SERVING INSTITUTIONS.—In addition to
amounts otherwise appropriated under this Act, there are
appropriated, out of any money in the Treasury not other-
wise appropriated, $4,950,000 for Hispanic-serving institu-
tions under title V of the Higher Education Act of 1965
(20 U.S.C. 1101 et seq.).
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2006’’.
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TITLE IV—RELATED AGENCIES
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE
BLIND OR SEVERELY DISABLED
SALARIES AND EXPENSES
For expenses necessary of the Committee for Purchase
From People Who Are Blind or Severely Disabled estab-
lished by Public Law 92–28, $4,669,000.
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 amended,
$316,212,000: Provided, That none of the funds made avail-
able to the Corporation for National and Community Serv-
ice 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 sti-
pends or other monetary incentives to volunteers or volun-
teer leaders whose incomes exceed 125 percent of the na-
tional poverty level: Provided further, That the Corporation
shall use a portion of the funds made available under this
heading to conduct an evaluation, after consultation with
experts on national service programs and rural community
leaders, of programs carried out under the national service
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laws (consisting of that Act and the National and Commu-
nity Service Act of 1990) in rural areas, to determine utili-
zation of the programs and to develop new and innovative
strategies that would prioritize geographic diversity of the
programs carried out under the national service laws to in-
crease the presence of the programs in rural areas.
NATIONAL AND COMMUNITY SERVICE PROGRAMS,
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for Na-
tional and Community Service (the ‘‘Corporation’’) in car-
rying out programs, activities, and initiatives under the
National and Community Service Act of 1990 (the ‘‘Act’’)
(42 U.S.C. 12501 et seq.), $546,243,000, to remain available
until September 30, 2007: Provided, That not more than
$280,000,000 of the amount provided under this heading
shall be available for grants under the National Service
Trust Program authorized under subtitle C of title I of the
Act (42 U.S.C. 12571 et seq.) (relating to activities of the
AmeriCorps program), including grants to organizations
operating projects under the AmeriCorps Education
Awards Program (without regard to the requirements of sec-
tions 121(d) and (e), section 131(e), section 132, and sec-
tions 140(a), (d), and (e) of the Act: Provided further, That
not less than $149,000,000 of the amount provided under
this heading, to remain available without fiscal year limi-
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tation, shall be transferred to the National Service Trust
for educational awards authorized under subtitle D of title
I of the Act (42 U.S.C. 12601), of which up to $4,000,000
shall be available to support national service scholarships
for high school students performing community service, and
of which $10,000,000 shall be held in reserve as defined in
Public Law 108–45: Provided further, That in addition to
amounts otherwise provided to the National Service Trust
under the second proviso, the Corporation may transfer
funds from the amount provided under the first proviso, to
the National Service Trust authorized under subtitle D of
title I of the Act (42 U.S.C. 12601) upon determination
that such transfer is necessary to support the activities of
national service participants and after notice is trans-
mitted to Congress: Provided further, That of the amount
provided under this heading for grants under the National
Service Trust program authorized under subtitle C of title
I of the Act, not more than $55,000,000 may be used to
administer, reimburse, or support any national service pro-
gram authorized under section 121(d)(2) of such Act (42
U.S.C. 12581(d)(2)): Provided further, That not more than
$15,945,000 shall be available for quality and innovation
activities authorized under subtitle H of title I of the Act
(42 U.S.C. 12853 et seq.): Provided further, That notwith-
standing subtitle H of title I of the Act (42 U.S.C. 12853),
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none of the funds provided under the previous proviso shall
be used to support salaries and related expenses (including
travel) attributable to Corporation employees: Provided fur-
ther, That to the maximum extent feasible, funds appro-
priated under subtitle C of title I of the Act shall be pro-
vided in a manner that is consistent with the recommenda-
tions of peer review panels in order to ensure that priority
is given to programs that demonstrate quality, innovation,
replicability, and sustainability: Provided further, That
$27,000,000 of the funds made available under this heading
shall be available for the Civilian Community Corps au-
thorized under subtitle E of title I of the Act (42 U.S.C.
12611 et seq.): Provided further, That $42,656,000 shall be
available for school-based and community-based service-
learning programs authorized under subtitle B of title I of
the Act (42 U.S.C. 12521 et seq.): Provided further, That
$4,000,000 shall be available for audits and other evalua-
tions authorized under section 179 of the Act (42 U.S.C.
12639): Provided further, That $10,000,000 of the funds
made available under this heading shall be made available
for the Points of Light Foundation for activities authorized
under title III of the Act (42 U.S.C. 12661 et seq.), of which
not more than $2,500,000 may be used to support an en-
dowment fund, the corpus of which shall remain intact and
the interest income from which shall be used to support ac-
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tivities described in title III of the Act, provided that the
Foundation may invest the corpus and income in federally
insured bank savings accounts or comparable interest bear-
ing accounts, certificates of deposit, money market funds,
mutual funds, obligations of the United States, and other
market instruments and securities but not in real estate in-
vestments: Provided further, That no funds shall be avail-
able for national service programs run by Federal agencies
authorized under section 121(b) of such Act (42 U.S.C.
12571(b)): Provided further, That $5,000,000 of the funds
made available under this heading shall be made available
to America’s Promise—The Alliance for Youth, Inc.: Pro-
vided further, That to the maximum extent practicable, the
Corporation shall increase significantly the level of match-
ing funds and in-kind contributions provided by the private
sector, and shall reduce the total Federal costs per partici-
pant in all programs: Provided further, That notwith-
standing section 501(a)(4) of the Act, of the funds provided
under this heading, not more than $12,642,000 shall be
made available to provide assistance to state commissions
on national and community service under section 126(a)
of the Act: Provided further, That the Corporation may use
up to 1 percent of program grant funds made available
under this heading to defray its costs of conducting grant
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application reviews, including the use of outside peer re-
viewers.
SALARIES AND EXPENSES
For necessary expenses of administration as provided
under section 501(a)(4) of the National and Community
Service Act of 1990 and under section 504(a) of the Domes-
tic Volunteer Service Act of 1973, including payment of sal-
aries, authorized travel, hire of passenger motor vehicles,
the rental of conference rooms in the District of Columbia,
the employment of experts and consultants authorized under
5 U.S.C. 3109, and not to exceed $2,500 for official recep-
tion and representation expenses, $66,750,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the Inspector General Act of 1978, as
amended, $6,000,000, to remain available until September
30, 2007.
ADMINISTRATIVE PROVISIONS
Notwithstanding any other provision of law, the term
‘‘qualified student loan’’ with respect to national service
education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student’s cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section
148(b)(7) of the National and Community Service Act.
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Notwithstanding any other provision of law, funds
made available under section 129(d)(5)(B) of the National
and Community Service Act to assist entities in placing
applicants who are individuals with disabilities may be
provided to any entity that receives a grant under section
121 of the Act.
The Inspector General of the Corporation for National
and Community Service shall conduct random audits of the
grantees that administer activities under the AmeriCorps
programs and shall levy sanctions in accordance with
standard Inspector General audit resolution procedures
which include, but are not limited to, debarment of any
grantee (or successor in interest or any entity with substan-
tially the same person or persons in control) that has been
determined to have committed any substantial violations of
the requirements of the AmeriCorps programs, including
any grantee that has been determined to have violated the
prohibition of using Federal funds to lobby the Congress:
Provided, That the Inspector General shall obtain reim-
bursements in the amount of any misused funds from any
grantee that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps
programs.
For fiscal year 2006, the Corporation shall make any
significant changes to program requirements or policy only
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through public notice and comment rulemaking. For fiscal
year 2006, during any grant selection process, no officer
or employee of the Corporation shall knowingly disclose any
covered grant selection information regarding such selec-
tion, directly or indirectly, to any person other than an
officer or employee of the Corporation that is authorized
by the Corporation to receive such information.
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 limitations spec-
ified 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 activ-
ity from which any person is excluded, or is denied benefits,
or is discriminated against, on the basis of race, color, na-
tional origin, religion, or sex: Provided further, That for
fiscal year 2006, in addition to the amounts provided above,
$35,000,000 shall be for costs related to digital program
production, development, and distribution, associated with
the transition of public broadcasting to digital broad-
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casting, to be awarded as determined by the Corporation
in consultation with public radio and television licensees
or permittees, or their designated representatives: Provided
further, That for fiscal year 2006, in addition to the
amounts provided above, $40,000,000 shall be for the costs
associated with replacement and upgrade of the public tele-
vision interconnection system: Provided further, That none
of the funds made available to the Corporation for Public
Broadcasting by this Act, Public Law 108–199 or Public
Law 108–7, shall be used to support the Television Future
Fund or any similar purpose.
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 vehi-
cles; for expenses necessary for the Labor-Management Co-
operation 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), $43,439,000, including $500,000, to re-
main available through September 30, 2007, for activities
authorized by the Labor-Management Cooperation Act of
1978 (29 U.S.C. 175a): Provided, That notwithstanding 31