IB 
Union Calendar No. 380
108TH CONGRESS 
2D SESSION 
H. R. 5006
[Report No. 108–636] 
Making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year ending 
September 30, 2005, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2004
Mr. REGULA, from the Committee on Appropriations, reported the following 
bill; which was committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
A BILL 
Making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2005, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Departments of Labor, Health and Human Services, and
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Education, and related agencies for the fiscal year ending 
September 30, 2005, and for other purposes, namely: 
TITLE I—DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
(INCLUDING RESCISSION) 
For necessary expenses of the Workforce Investment 
Act of 1998, including the purchase and hire of passenger 
motor vehicles, the construction, alteration, and repair of 
buildings and other facilities, and the purchase of real 
property for training centers as authorized by such Act, 
$2,649,728,000 
plus 
reimbursements; 
of 
which 
$1,642,442,000 is available for obligation for the period 
July 1, 2005, through June 30, 2006, except that 
amounts determined by the Secretary of Labor to be nec-
essary pursuant to sections 173(a)(4)(A) and 174(c) of 
such Act shall be available from October 1, 2004, until 
expended; of which $1,000,965,000 is available for obliga-
tion for the period April 1, 2005, through June 30, 2006, 
to carry out chapter 4 of such Act; and of which 
$6,321,000 is available for the period July 1, 2005, 
through June 30, 2008, for necessary expenses of con-
struction, rehabilitation, and acquisition of Job Corps cen-
ters: Provided, That notwithstanding any other provision 
of law, of the funds provided herein under section 137(c)
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of such Act, $301,227,000 shall be for activities described 
in section 132(a)(2)(A) of such Act, and $1,178,192,000 
shall be for activities described in section 132(a)(2)(B) of 
such Act: Provided further, That $8,000,000 shall be for 
carrying out section 172 of such Act: Provided further, 
That, notwithstanding any other provision of law or re-
lated regulation, $76,874,000 shall be for carrying out 
section 167 of such Act, including $71,787,000 for for-
mula grants, $4,583,000 for migrant and seasonal hous-
ing (of which not less than 70 percent shall be for perma-
nent housing), and $504,000 for other discretionary pur-
poses: Provided further, That notwithstanding the transfer 
limitation under section 133(b)(4) of such Act, up to 30 
percent of such funds may be transferred by a local board 
if approved by the Governor: Provided further, That funds 
provided to carry out section 171(d) of such Act may be 
used for demonstration projects that provide assistance to 
new entrants in the workforce and incumbent workers: 
Provided further, That no funds from any other appropria-
tion shall be used to provide meal services at or for Job 
Corps centers. 
For necessary expenses of the Workforce Investment 
Act of 1998, including the purchase and hire of passenger 
motor vehicles, the construction, alteration, and repair of 
buildings and other facilities, and the purchase of real
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property for training centers as authorized by such Act; 
$2,463,000,000 
plus 
reimbursements, 
of 
which 
$2,363,000,000 is available for obligation for the period 
October 1, 2005, through June 30, 2006, and of which 
$100,000,000 is available for the period October 1, 2005, 
through June 30, 2008, for necessary expenses of con-
struction, rehabilitation, and acquisition of Job Corps cen-
ters. 
Of the unobligated funds contained in the H–1 B 
Nonimmigrant Petitioner Account that are available to the 
Secretary of Labor pursuant to section 286(s)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), 
$100,000,000 are rescinded. 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER 
AMERICANS 
To carry out title V of the Older Americans Act of 
1965, as amended, $440,200,000. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For payments during the current fiscal year of trade 
adjustment benefit payments and allowances under part 
I and section 246; and for training, allowances for job 
search and relocation, and related State administrative ex-
penses under part II of chapter 2, title II of the Trade 
Act of 1974 (including the benefits and services described 
under sections 123(c)(2) and 151 (b) and (c) of the Trade 
Adjustment Assistance Reform Act of 2002, Public Law
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107–210), $1,057,300,000, together with such amounts as 
may be necessary to be charged to the subsequent appro-
priation for payments for any period subsequent to Sep-
tember 15 of the current year. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 
SERVICE OPERATIONS 
For 
authorized 
administrative 
expenses, 
$141,934,000, 
together 
with 
not 
to 
exceed 
$3,440,914,000 (including not to exceed $1,228,000 
which may be used for amortization payments to States 
which had independent retirement plans in their State em-
ployment service agencies prior to 1980), which may be 
expended from the Employment Security Administration 
Account in the Unemployment Trust Fund including the 
cost of administering section 51 of the Internal Revenue 
Code of 1986, as amended, section 7(d) of the Wagner-
Peyser Act, as amended, the Trade Act of 1974, as 
amended, the Immigration Act of 1990, and the Immigra-
tion and Nationality Act, as amended, and of which the 
sums available in the allocation for activities authorized 
by title III of the Social Security Act, as amended (42 
U.S.C. 502–504), and the sums available in the allocation 
for necessary administrative expenses for carrying out 5 
U.S.C. 8501–8523, shall be available for obligation by the 
States through December 31, 2005, except that funds
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used for automation acquisitions shall be available for obli-
gation by the States through September 30, 2007; of 
which $141,934,000, together with not to exceed 
$672,700,000 of the amount which may be expended from 
said trust fund, shall be available for obligation for the 
period July 1, 2005, through June 30, 2006, to fund ac-
tivities under the Act of June 6, 1933, as amended, in-
cluding the cost of penalty mail authorized under 39 
U.S.C. 3202(a)(1)(E) made available to States in lieu of 
allotments for such purpose: Provided, That to the extent 
that the Average Weekly Insured Unemployment (AWIU) 
for fiscal year 2005 is projected by the Department of 
Labor to exceed 3,327,000, an additional $28,600,000 
shall be available for obligation for every 100,000 increase 
in the AWIU level (including a pro rata amount for any 
increment less than 100,000) from the Employment Secu-
rity Administration Account of the Unemployment Trust 
Fund: Provided further, That funds appropriated in this 
Act which are used to establish a national one-stop career 
center system, or which are used to support the national 
activities of the Federal-State unemployment insurance or 
immigration programs, may be obligated in contracts, 
grants or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activi-
ties authorized under the Wagner-Peyser Act, as amended,
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$57,479,000 which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund. 
EMPLOYEE BENEFITS SECURITY ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Employee Benefits 
Security Administration, $132,345,000. 
PENSION BENEFIT GUARANTY CORPORATION 
PENSION BENEFIT GUARANTY CORPORATION FUND 
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance authorized by section 104 of Public Law 96–364, 
within limits of funds and borrowing authority available 
to such Corporation, and in accord with law, and to make 
such contracts and commitments without regard to fiscal 
year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended (31 U.S.C. 
9104), as may be necessary in carrying out the program, 
including associated administrative expenses, through 
September 30, 2005, for such Corporation: Provided, That 
none of the funds available to the Corporation for fiscal 
year 2005 shall be available for obligations for administra-
tive expenses in excess of $266,330,000: Provided further, 
That obligations in excess of such amount may be incurred 
after approval by the Office of Management and Budget
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and the Committees on Appropriations of the House and 
Senate. 
EMPLOYMENT STANDARDS ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State, 
Federal, and local agencies and their employees for inspec-
tion services rendered, $400,797,000, together with 
$2,021,000 which may be expended from the Special Fund 
in accordance with sections 39(c), 44(d) and 44(j) of the 
Longshore and Harbor Workers’ Compensation Act: Pro-
vided, That $1,250,000 shall be for the development of 
an alternative system for the electronic submission of re-
ports required to be filed under the Labor-Management 
Reporting and Disclosure Act of 1959, as amended, and 
for a computer database of the information for each sub-
mission by whatever means, that is indexed and easily 
searchable by the public via the Internet: Provided further, 
That the Secretary of Labor is authorized to accept, re-
tain, and spend, until expended, in the name of the De-
partment of Labor, all sums of money ordered to be paid 
to the Secretary of Labor, in accordance with the terms 
of the Consent Judgment in Civil Action No. 91–0027 of 
the United States District Court for the District of the 
Northern Mariana Islands (May 21, 1992): Provided fur-
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ther, That the Secretary of Labor is authorized to estab-
lish and, in accordance with 31 U.S.C. 3302, collect and 
deposit in the Treasury fees for processing applications 
and issuing certificates under sections 11(d) and 14 of the 
Fair Labor Standards Act of 1938, as amended (29 
U.S.C. 211(d) and 214) and for processing applications 
and issuing registrations under title I of the Migrant and 
Seasonal Agricultural Worker Protection Act (29 U.S.C. 
1801 et seq.). 
SPECIAL BENEFITS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during 
the current or any prior fiscal year authorized by title 5, 
chapter 81 of the United States Code; continuation of ben-
efits as provided for under the heading ‘‘Civilian War Ben-
efits’’ in the Federal Security Agency Appropriation Act, 
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; sections 4(c) and 5(f) of the War 
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per-
cent of the additional compensation and benefits required 
by section 10(h) of the Longshore and Harbor Workers’ 
Compensation Act, as amended, $233,000,000, together 
with such amounts as may be necessary to be charged to 
the subsequent year appropriation for the payment of
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compensation and other benefits for any period subse-
quent to August 15 of the current year: Provided, That 
amounts appropriated may be used under section 8104 of 
title 5, United States Code, by the Secretary of Labor to 
reimburse an employer, who is not the employer at the 
time of injury, for portions of the salary of a reemployed, 
disabled beneficiary: Provided further, That balances of re-
imbursements unobligated on September 30, 2004, shall 
remain available until expended for the payment of com-
pensation, benefits, and expenses: Provided further, That 
in addition there shall be transferred to this appropriation 
from the Postal Service and from any other corporation 
or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share 
of the cost of administration, such sums as the Secretary 
determines to be the cost of administration for employees 
of such fair share entities through September 30, 2005: 
Provided further, That of those funds transferred to this 
account from the fair share entities to pay the cost of ad-
ministration of the Federal Employees’ Compensation Act, 
$39,668,000 shall be made available to the Secretary as 
follows: 
(1) for enhancement and maintenance of auto-
mated data processing systems and telecommuni-
cations systems, $12,351,000;
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(2) for automated workload processing oper-
ations, including document imaging, centralized mail 
intake and medical bill processing, $14,221,000; 
(3) for periodic roll management and medical 
review, $13,096,000; and 
(4) the remaining funds shall be paid into the 
Treasury as miscellaneous receipts: 
Provided further, That the Secretary may require that any 
person filing a notice of injury or a claim for benefits 
under chapter 81 of title 5, United States Code, or 33 
U.S.C. 901 et seq., provide as part of such notice and 
claim, such identifying information (including Social Secu-
rity account number) as such regulations may prescribe. 
SPECIAL BENEFITS FOR DISABLED COAL MINERS 
For carrying out title IV of the Federal Mine Safety 
and Health Act of 1977, as amended by Public Law 107–
275, (the ‘‘Act’’), $276,000,000, to remain available until 
expended. 
For making after July 31 of the current fiscal year, 
benefit payments to individuals under title IV of the Act, 
for costs incurred in the current fiscal year, such amounts 
as may be necessary. 
For making benefit payments under title IV for the 
first quarter of fiscal year 2006, $81,000,000, to remain 
available until expended.
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ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES 
OCCUPATIONAL ILLNESS COMPENSATION FUND 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Act, 
$40,821,000, to remain available until expended: Pro-
vided, That the Secretary of Labor is authorized to trans-
fer to any executive agency with authority under the En-
ergy Employees Occupational Illness Compensation Act, 
including within the Department of Labor, such sums as 
may be necessary in fiscal year 2005 to carry out those 
authorities: Provided further, That the Secretary may re-
quire that any person filing a claim for benefits under the 
Act provide as part of such claim, such identifying infor-
mation (including Social Security account number) as may 
be prescribed. 
BLACK LUNG DISABILITY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
In fiscal year 2005 and thereafter, such sums as may 
be necessary from the Black Lung Disability Trust Fund, 
to remain available until expended, for payment of all ben-
efits authorized by section 9501(d)(1), (2), (4), and (7) 
of the Internal Revenue Code of 1954, as amended; and 
interest on advances, as authorized by section 9501(c)(2) 
of that Act. In addition, the following amounts shall be 
available from the Fund for fiscal year 2005 for expenses
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of operation and administration of the Black Lung Bene-
fits program, as authorized by section 9501(d)(5): 
$32,646,000 for transfer to the Employment Standards 
Administration, ‘‘Salaries and Expenses’’; $23,705,000 
for transfer to Departmental Management, ‘‘Salaries and 
Expenses’’; $342,000 for transfer to Departmental Man-
agement, ‘‘Office of Inspector General’’; and $356,000 for 
payments into miscellaneous receipts for the expenses of 
the Department of the Treasury. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Occupational Safety 
and Health Administration, $461,599,000, including not 
to exceed $91,747,000 which shall be the maximum 
amount available for grants to States under section 23(g) 
of the Occupational Safety and Health Act (the ‘‘Act’’), 
which grants shall be no less than 50 percent of the costs 
of State occupational safety and health programs required 
to be incurred under plans approved by the Secretary 
under section 18 of the Act; and, in addition, notwith-
standing 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fis-
cal year of training institute course tuition fees, otherwise 
authorized by law to be collected, and may utilize such 
sums for occupational safety and health training and edu-
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cation grants: Provided, That, notwithstanding 31 U.S.C. 
3302, the Secretary of Labor is authorized, during the fis-
cal year ending September 30, 2005, to collect and retain 
fees for services provided to Nationally Recognized Test-
ing Laboratories, and may utilize such sums, in accord-
ance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition pro-
grams that ensure the safety of equipment and products 
used by workers in the workplace: Provided further, That 
none of the funds appropriated under this paragraph shall 
be obligated or expended to prescribe, issue, administer, 
or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged 
in a farming operation which does not maintain a tem-
porary labor camp and employs 10 or fewer employees: 
Provided further, That no funds appropriated under this 
paragraph shall be obligated or expended to administer or 
enforce any standard, rule, regulation, or order under the 
Act with respect to any employer of 10 or fewer employees 
who is included within a category having a Days Away, 
Restricted, or Transferred (DART) occupational injury 
and illness rate, at the most precise industrial classifica-
tion code for which such data are published, less than the 
national average rate as such rates are most recently pub-
lished by the Secretary, acting through the Bureau of
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Labor Statistics, in accordance with section 24 of that Act 
(29 U.S.C. 673), except—
(1) to provide, as authorized by such Act, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies; 
(2) to conduct an inspection or investigation in 
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and 
to assess a penalty for violations which are not cor-
rected within a reasonable abatement period and for 
any willful violations found; 
(3) to take any action authorized by such Act 
with respect to imminent dangers; 
(4) to take any action authorized by such Act 
with respect to health hazards; 
(5) to take any action authorized by such Act 
with respect to a report of an employment accident 
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees, 
and to take any action pursuant to such investiga-
tion authorized by such Act; and 
(6) to take any action authorized by such Act 
with respect to complaints of discrimination against 
employees for exercising rights under such Act:
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Provided further, That the foregoing proviso shall not 
apply to any person who is engaged in a farming operation 
which does not maintain a temporary labor camp and em-
ploys 10 or fewer employees: Provided further, That none 
of the funds appropriated under this paragraph shall be 
obligated or expended to administer or enforce the provi-
sions of 29 CFR 1910.134(f)(2) (General Industry Res-
piratory Protection Standard) to the extent that such pro-
visions require the annual fit testing (after the initial fit 
testing) of respirators for occupational exposure to tuber-
culosis. 
MINE SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Mine Safety and 
Health Administration, $275,567,000, including purchase 
and bestowal of certificates and trophies in connection 
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles; in addition, not to exceed $750,000 
may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training 
materials, otherwise authorized by law to be collected, to 
be available for mine safety and health education and 
training activities, notwithstanding 31 U.S.C. 3302; and, 
in addition, the Mine Safety and Health Administration 
may retain up to $1,000,000 from fees collected for the
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approval and certification of equipment, materials, and ex-
plosives for use in mines, and may utilize such sums for 
such activities; the Secretary is authorized to accept lands, 
buildings, equipment, and other contributions from public 
and private sources and to prosecute projects in coopera-
tion with other agencies, Federal, State, or private; the 
Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the 
mining community through cooperative programs with 
States, industry, and safety associations; and any funds 
available to the department may be used, with the ap-
proval of the Secretary, to provide for the costs of mine 
rescue and survival operations in the event of a major dis-
aster. 
BUREAU OF LABOR STATISTICS 
SALARIES AND EXPENSES 
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State, 
Federal, and local agencies and their employees for serv-
ices rendered, $455,045,000, together with not to exceed 
$78,473,000, which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund.
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OFFICE OF DISABILITY EMPLOYMENT POLICY 
SALARIES AND EXPENSES 
For necessary expenses for the Office of Disability 
Employment Policy to provide leadership, develop policy 
and initiatives, and award grants furthering the objective 
of eliminating barriers to the training and employment of 
people with disabilities, $47,555,000. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For necessary expenses for Departmental Manage-
ment, including the hire of three sedans, and including 
the management or operation, through contracts, grants 
or other arrangements of Departmental activities con-
ducted by or through the Bureau of International Labor 
Affairs, including bilateral and multilateral technical as-
sistance 
and 
other 
international 
labor 
activities, 
$264,653,000, of which, $7,000,000 to remain available 
until September 30, 2006, is for Frances Perkins Building 
Security enhancements, and $30,000,000 is for the acqui-
sition of Departmental information technology, architec-
ture, infrastructure, equipment, software, and related 
needs, which will be allocated by the Department’s Chief 
Information Officer in accordance with the Department’s 
capital investment management process to assure a sound 
investment strategy, together with not to exceed
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$314,000, which may be expended from the Employment 
Security Administration Account in the Unemployment 
Trust Fund: Provided, That no funds made available by 
this Act may be used by the Solicitor of Labor to partici-
pate in a review in any United States court of appeals 
of any decision made by the Benefits Review Board under 
section 21 of the Longshore and Harbor Workers’ Com-
pensation Act (33 U.S.C. 921) where such participation 
is precluded by the decision of the United States Supreme 
Court in Director, Office of Workers’ Compensation Pro-
grams v. Newport News Shipbuilding, 115 S. Ct. 1278 
(1995), notwithstanding any provisions to the contrary 
contained in Rule 15 of the Federal Rules of Appellate 
Procedure: Provided further, That no funds made available 
by this Act may be used by the Secretary of Labor to re-
view a decision under the Longshore and Harbor Workers’ 
Compensation Act (33 U.S.C. 901 et seq.) that has been 
appealed and that has been pending before the Benefits 
Review Board for more than 12 months: Provided further, 
That any such decision pending a review by the Benefits 
Review Board for more than 1 year shall be considered 
affirmed by the Benefits Review Board on the 1-year anni-
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
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further, That these provisions shall not be applicable to 
the review or appeal of any decision issued under the 
Black Lung Benefits Act (30 U.S.C. 901 et seq.). 
VETERANS EMPLOYMENT AND TRAINING 
Not to exceed $194,098,000 may be derived from the 
Employment Security Administration Account in the Un-
employment 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 obli-
gation 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.
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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 Secretry of Labor shall issue 
a monthly transit subsidy of not less than the amount each 
of its employees of the National Capital Region is eligible
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to receive, not to exceed a maximum of $100, as directed 
by Executive Order 13150. 
This title may be cited as the ‘‘Department of Labor 
Appropriations Act, 2005’’. 
TITLE II—DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
HEALTH RESOURCES AND SERVICES 
For carrying out titles II, III, IV, VII, VIII, X, XII, 
XIX, and XXVI of the Public Health Service Act, section 
427(a) of the Federal Coal Mine Health and Safety Act, 
title V and sections 1128E, 711 and 1820 of the Social 
Security Act, the Health Care Quality Improvement Act 
of 1986, as amended, the Native Hawaiian Health Care 
Act of 1988, as amended, the Cardiac Arrest Survival Act 
of 2000, and the Poison Control Center Enhancement and 
Awareness Act, $6,305,333,000, of which $32,500,000 
from general revenues, notwithstanding section 1820(j) of 
the Social Security Act, shall be available for carrying out 
the Medicare rural hospital flexibility grants program 
under section 1820 of such Act: Provided, That of the 
funds made available under this heading, $250,000 shall 
be available until expended for facilities renovations at the 
Gillis W. Long Hansen’s Disease Center: Provided further, 
That in addition to fees authorized by section 427(b) of
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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
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$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
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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, 
and of which $142,808,000 for international HIV/AIDS 
shall remain available until September 30, 2006. In addi-
tion, such sums as may be derived from authorized user 
fees, which shall be credited to this account: Provided, 
That in addition to amounts provided herein, the following
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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.
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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-
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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.
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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.
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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.
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2005, no commitments for direct loans or loan guarantees 
shall be made. 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
PAYMENTS TO STATES FOR CHILD SUPPORT 
ENFORCEMENT AND FAMILY SUPPORT PROGRAMS 
For making payments to States or other non-Federal 
entities under titles I, IV–D, X, XI, XIV, and XVI of the 
Social Security Act and the Act of July 5, 1960 (24 
U.S.C. ch. 9), $2,873,802,000, to remain available until 
expended; and for such purposes for the first quarter of 
fiscal year 2006, $1,200,000,000, to remain available until 
expended. 
For making payments to each State for carrying out 
the program of Aid to Families with Dependent Children 
under title IV–A of the Social Security Act before the ef-
fective date of the program of Temporary Assistance to 
Needy Families (TANF) with respect to such State, such 
sums as may be necessary: Provided, That the sum of the 
amounts available to a State with respect to expenditures 
under such title IV–A in fiscal year 1997 under this ap-
propriation and under such title IV–A as amended by the 
Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996 shall not exceed the limitations under 
section 116(b) of such Act.
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For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under 
titles I, IV–D, X, XI, XIV, and XVI of the Social Security 
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for 
the last 3 months of the current fiscal year for unantici-
pated costs, incurred for the current fiscal year, such sums 
as may be necessary. 
LOW-INCOME HOME ENERGY ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out low-income home energy assistance 
activities, $2,227,000,000: Provided, That of the total 
amount provided under this heading, $1,900,000,000 shall 
be for the low-income home energy assistance program 
under title XXVI of the Omnibus Budget Reconciliation 
Act of 1981 (42 U.S.C. 8621 et seq.): Provided further, 
That of the total amount provided under this heading, 
$100,000,000, to remain available until expended, shall be 
for the low-income home energy assistance program under 
title XXVI of the Omnibus Budget Reconciliation Act of 
1981 (42 U.S.C. 8621 et seq.) for the unanticipated home 
energy assistance needs of one or more States, as 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 is hereby transferred to
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the Department of Energy for the weatherization assist-
ance program under part A of title IV of the Energy Con-
servation and Production Act (42 U.S.C. 6861 et seq.), 
and shall remain available until expended. 
REFUGEE AND ENTRANT ASSISTANCE 
For necessary expenses for refugee and entrant 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.
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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
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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-
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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
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activities regarding medication management, screening, 
and education to prevent incorrect medication and adverse 
drug reactions; and of which $4,558,000 shall remain 
available until September 30, 2007, for the White House 
Conference on Aging. 
OFFICE OF THE SECRETARY 
GENERAL DEPARTMENTAL MANAGEMENT 
For necessary expenses, not otherwise provided, for 
general departmental management, including hire of six 
sedans, and for carrying out titles III, XVII, XX, and XXI 
of the Public Health Service Act, and the United States-
Mexico Border Health Commission Act, $380,298,000, 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 Sup-
plemental Medical Insurance Trust Fund: Provided, That 
of the funds made available under this heading for car-
rying out title XX of the Public Health Service Act, 
$13,120,000 shall be for activities specified under section 
2003(b)(2), all of which shall be for prevention service 
demonstration grants under section 510(b)(2) of title V 
of the Social Security Act, as amended, without applica-
tion of the limitation of section 2010(c) of said title XX: 
Provided further, That of this amount, $25,000,000 shall 
be for advancing health care information technology na-
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tionally, 
including 
demonstration 
project 
grants; 
$52,838,000 shall be for minority AIDS prevention and 
treatment activities; $14,847,000 shall be for an Informa-
tion Technology Security and Innovation Fund for De-
partment-wide activities involving cybersecurity, informa-
tion technology security, and related innovation projects; 
and $5,000,000 shall be to assist Afghanistan in the devel-
opment of maternal and child health clinics, consistent 
with section 103(a)(4)(H) of the Afghanistan Freedom 
Support Act of 2002. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector 
General, including the hire of passenger motor vehicles for 
investigations, in carrying out the provisions of the Inspec-
tor General Act of 1978, as amended, $40,323,000: Pro-
vided, That of such amount, necessary sums are available 
for providing protective services to the Secretary and in-
vestigating non-payment of child support cases for which 
non-payment is a Federal offense under 18 U.S.C. 228. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil 
Rights, $32,043,000, together with not to exceed 
$3,314,000 to be transferred and expended as authorized 
by section 201(g)(1) of the Social Security Act from the 
Hospital Insurance Trust Fund and the Supplemental 
Medical Insurance Trust Fund.
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POLICY RESEARCH 
For carrying out, to the extent not otherwise pro-
vided, research studies under section 1110 of the Social 
Security Act and title III of the Public Health Service Act, 
$20,750,000, which shall be available from amounts avail-
able under section 241 of the Public Health Service Act 
to carry out national health or human services research 
and evaluation activities: Provided, That the expenditure 
of any funds available under section 241 of the Public 
Health Service Act is subject to the requirements of sec-
tion 206 of this Act. 
RETIREMENT PAY AND MEDICAL BENEFITS FOR 
COMMISSIONED OFFICERS 
For retirement pay and medical benefits of Public 
Health Service Commissioned Officers as authorized by 
law, for payments under the Retired Serviceman’s Family 
Protection Plan and Survivor Benefit Plan, for medical 
care of dependents and retired personnel under the De-
pendents’ Medical Care Act (10 U.S.C. ch. 55 and 56), 
and for payments pursuant to section 229(b) of the Social 
Security Act (42 U.S.C. 429(b)), such amounts as may 
be required during the current fiscal year. The following 
are definitions for the medical benefits of the Public 
Health Service Commissioned Officers that apply to 10 
U.S.C. chapter 56, section 1116(c). The source of funds
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for the monthly accrual payments into the Department of 
Defense Medicare-Eligible Retiree Health Care Fund shall 
be the Retirement Pay and Medical Benefits for Commis-
sioned Officers account. For purposes of this Act, the term 
‘‘pay of members’’ shall be construed to be synonymous 
with retirement payments to United States Public Health 
Service officers who are retired for age, disability, or 
length of service; payments to survivors of deceased offi-
cers; medical care to active duty and retired members and 
dependents and beneficiaries; and for payments to the So-
cial Security Administration for military service credits; 
all of which payments are provided for by the Retirement 
Pay and Medical Benefits for Commissioned Officers ac-
count. 
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-
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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-
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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
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sultation with the Secretary of State, through grant 
or cooperative agreement, to make available to pub-
lic or nonprofit private institutions or agencies in 
participating foreign countries, funds to acquire, 
lease, alter, or renovate facilities in those countries 
as necessary to conduct programs of assistance for 
international health activities, including activities re-
lating to HIV/AIDS and other infectious diseases, 
chronic and environmental diseases, and other health 
activities abroad. 
SEC. 216. The Division of Federal Occupational 
Health may utilize personal services contracting to employ 
professional management/administrative and occupational 
health professionals. 
SEC. 217. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of the National Insti-
tutes of Health may use funds available under section 
402(i) of the Public Health Service Act (42 U.S.C. 282(i)) 
to enter into transactions (other than contracts, coopera-
tive agreements, or grants) to carry out research in sup-
port of the NIH Roadmap Initiative of the Director. 
(b) PEER REVIEW.—In entering into transactions 
under subsection (a), the Director of the National Insti-
tutes of Health may utilize such peer review procedures 
(including consultation with appropriate scientific experts)
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as the Director determines to be appropriate to obtain as-
sessments of scientific and technical merit. Such proce-
dures shall apply to such transactions in lieu of the peer 
review and advisory council review procedures that would 
otherwise 
be 
required 
under 
sections 
301(a)(3), 
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of 
the Public Health Service Act (42 U.S.C. 241, 
284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). 
SEC. 218. The unobligated balance of the funds ap-
propriated by section 1897(g) of the Social Security Act, 
as added by section 1016 of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Pub-
lic Law 108–173), is rescinded. 
SEC. 219. (a) 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. 
(b) MEDICARE CLAIMS PROCESSING FEE.—
(1) IN
GENERAL.—Notwithstanding section 
1842(c)(4) of the Social Security Act, each claim 
submitted by an individual or entity furnishing items 
or services for which payment may be made under 
part A or part B of title XVIII of such Act is sub-
ject to a processing fee of $5.00 if the claim—
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(A) duplicates, in whole or in part, another 
claim submitted by the same individual or enti-
ty; or 
(B) is a claim that cannot be processed 
and must be returned by the medicare claims 
processing contractor involved to the individual 
or entity for completion or correction. 
(2) DEDUCTION
AND
TRANSFER.—The Sec-
retary of Health and Human Services shall deduct 
any fees assessed pursuant to paragraph (1) against 
an individual or entity from amounts otherwise pay-
able from a trust fund under such title to such indi-
vidual or entity, and shall transfer the amount so 
deducted from such trust fund to the Program Man-
agement account of the Centers for Medicare & 
Medicaid Services. 
(3) AVAILABILITY.—Fees collected under this 
subsection shall remain available until expended. 
(4) WAIVER
AUTHORITY.—The Secretary of 
Health and Human Services may provide for waiver 
of fees for claims described in paragraph (2) in 
cases of such compelling circumstances as the Sec-
retary may determine. 
(5) EXCLUSION
OF
FEES
IN
ALLOWABLE 
COSTS.—An entity may not include a fee assessed
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pursuant to this subsection as an allowable item on 
a cost report under the Social Security Act. 
(6) EFFECTIVE
DATE.—This subsection shall 
apply to claims referred to in paragraph (1) sub-
mitted on or after a date, specified by the Secretary 
of Health and Human Services, that is not later 
than 3 months after the date of the enactment of 
this Act. 
SEC. 220. The amount appropriated in this Act for 
‘‘Centers for Disease Control and Prevention—Disease 
Control Research and Training’’ is hereby reduced by 
$15,000,000, to be derived from the amounts made 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. LIMITATION ON USE OF FUNDS; STUDY.
(a) LIMITATION ON FUNDS.—Notwithstanding any 
other provision of law, none of the funds appropriated by 
this Act or any other Act may be expended by the Sec-
retary of Health and Human Services or by a medicare 
fiscal intermediary or administrative contractor—
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(1) to apply the criteria (commonly known as 
the ‘‘75 percent rule’’) that are used to determine 
whether a hospital or unit of a hospital is an inpa-
tient rehabilitation facility (as defined in Depart-
ment of Health and Human Services, Centers for 
Medicare and Medicaid Services, ‘‘Medicare Pro-
gram; Final Rule; Changes to the Criteria for Being 
Classified as an Inpatient Rehabilitation Facility’’, 
69 Federal Register 25751 et seq. (May 7, 2004), 
and any accompanying CMS Manual System Trans-
mittals (including, but not limited to, Transmittal 
221 and any change request pursuant to such rule) 
for purposes of the medicare program; 
(2) to compile facility data pertaining to compli-
ance with such 75 percent rule or enforce such rule; 
or 
(3) to utilize or apply any existing or new local 
medical review policy, local coverage determination, 
or national coverage determination with respect to 
medical necessity standards for inpatient rehabilita-
tion facilities under the medicare program; 
until the date that is 9 months after the date on which 
the report required by subsection (b)(3) is transmitted to 
the Secretary and the Congress.
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(b) STUDY
AND REPORT.—(1) The Secretary of 
Health and Human Services shall contract with the Insti-
tute of Medicine of the National Academy of Sciences to 
study and make recommendations (and submit a report 
under paragraph (3)) on—
(A) a clinical consensus on how to modernize 
the medicare criteria used to distinguish an inpa-
tient rehabilitation facility from an acute care hos-
pital and other providers of intensive medical reha-
bilitation; and 
(B) the appropriate medical necessity criteria 
for determining clinical appropriateness of inpatient 
rehabilitation facility admissions, with due consider-
ation being given to chapter 1, section 110 of the 
Medicare Benefit Policy Manual, the current capa-
bilities of treatments and modalities performed by 
acute and post-acute providers, and the combined 
medical and functional needs of patients. 
(2) Under such contract the Institute shall use a 
panel that includes a multi-disciplinary group of expert re-
searchers and clinicians in the field of medical rehabilita-
tion. 
(3) Under such contract the Institute shall submit 
a report to the Secretary and the Congress on the study
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and recommendations described in paragraph (1) not later 
than October 1, 2005. 
SEC. 222. None of the funds appropriated in this title 
may be used to impede the exchange of information 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-
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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
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(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
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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
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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-
wise apply, the funds made available for fiscal year 2005 
under the heading School Improvement Programs for 
state assessment grants under section 6111 of the Ele-
mentary and Secondary Education Act of 1965 shall not 
be less than $400,000,000. 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent 
not otherwise provided, title VII, part A of the Elementary 
and Secondary Education Act of 1965, $120,856,000. 
INNOVATION AND IMPROVEMENT 
For carrying out activities authorized by part G of 
title I, subpart 5 of part A and parts C and D of title 
II, parts B, C, and D of title V, and section 1504 of the 
Elementary and Secondary Education Act of 1965 
(‘‘ESEA’’), $669,936,000: Provided, That $18,391,000 
shall be available to carry out section 2151(c) of the 
ESEA, of which not less than $10,000,000 shall be pro-
vided to the National Board for Professional Teaching 
Standards, not less than $7,000,000 shall be provided to 
the American Board for the Certification of Teacher Ex-
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cellence, and up to $1,391,000 may be reserved by the 
Secretary to conduct an evaluation of activities authorized 
by such section: Provided further, That $50,000,000 shall 
be for subpart 2 of part B of title V: Provided further, 
That $100,000,000 shall be available to carry out part D 
of title V of the ESEA. 
SAFE SCHOOLS AND CITIZENSHIP EDUCATION 
For carrying out activities authorized by subpart 3 
of part C of title II, part A of title IV, and subparts 2, 
3 and 10 of part D of title V of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’), $801,369,000, 
of which $440,908,000 shall become available on July 1, 
2005 and remain available through September 30, 2006: 
Provided, That $440,908,000 shall be available for sub-
part 1 of part A of title IV and $203,472,000 shall be 
available for subpart 2 of part A of title IV: Provided fur-
ther, That $128,347,000 shall be available to carry out 
part D of title V of the ESEA: Provided further, That of 
the funds available to carry out subpart 3 of part C of 
title II, up to $11,852,000 may be used to carry out sec-
tion 2345. 
ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the ESEA, 
$681,215,000, of which $595,715,000 shall become avail-
able on July 1, 2005, and shall remain available through
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September 30, 2006: Provided, That funds reserved under 
section 3111(c)(1)(D) of the ESEA that are not used in 
accordance with section 3111(c)(2) may be added to the 
funds that are available July 1, 2005, through September 
30, 2006, for State allotments under section 3111(c)(3). 
SPECIAL EDUCATION 
For carrying out parts B, C, and D of the Individuals 
with Disabilities Education Act, $12,176,101,000, of 
which $6,560,447,000 shall become available for obliga-
tion on July 1, 2005, and shall remain available through 
September 30, 2006, and of which $5,413,000,000 shall 
become available on October 1, 2005, and shall remain 
available through September 30, 2006, for academic year 
2005–2006: Provided, That $11,400,000 shall be for Re-
cording for the Blind and Dyslexic, Inc. to support the 
development, production, and circulation of recorded edu-
cational materials: Provided further, That the amount for 
section 611(c) of the Act shall be equal to the amount 
available for that section during fiscal year 2004, in-
creased by the amount of inflation as specified in section 
611(f)(1)(B)(ii) of the Act. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Assistive Tech-
nology Act of 1998 (‘‘the AT Act’’), and the Helen Keller
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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.
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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.
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INSTITUTE OF EDUCATION SCIENCES 
For carrying out activities authorized by Public Law 
107–279 and section 672 of the Individuals with Disabil-
ities Education Act, $526,804,000: Provided, That, of the 
amount appropriated, $195,518,000 shall be available for 
obligation through September 30, 2006. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of three passenger motor vehicles, 
$421,055,000. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil 
Rights, as authorized by section 203 of the Department 
of Education Organization Act, $90,248,000. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector 
General, as authorized by section 212 of the Department 
of Education Organization Act, $47,790,000. 
GENERAL PROVISIONS 
SEC. 301. No funds appropriated in this Act may be 
used for the transportation of students or teachers (or for 
the purchase of equipment for such transportation) in
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order to overcome racial imbalance in any school or school 
system, or for the transportation of students or teachers 
(or for the purchase of equipment for such transportation) 
in order to carry out a plan of racial desegregation of any 
school or school system. 
SEC. 302. None of the funds contained in this Act 
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school 
which is nearest the student’s home, except for a student 
requiring special education, to the school offering such 
special education, in order to comply with title VI of the 
Civil Rights Act of 1964. For the purpose of this section 
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan 
involving the reorganization of the grade structure of 
schools, the pairing of schools, or the clustering of schools, 
or any combination of grade restructuring, pairing or clus-
tering. The prohibition described in this section does not 
include the establishment of magnet schools. 
SEC. 303. No funds appropriated under this Act may 
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools. 
(TRANSFER OF FUNDS) 
SEC. 304. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended)
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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:
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(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. 
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.
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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 determinded by the Corpora-
tion in consultation with public radio and television licens-
ees or permittees, or their designated representatives; and 
up to $60,000,000 is available pursuant to section 
396(k)(10) of the Communications Act of 1934, as 
amended, for replacement and upgrade of the public tele-
vision interconnection system: Provided, That section 
396(k)(3) shall apply only to amounts remaining after al-
locations 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-
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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.
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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.
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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.
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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-
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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-
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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
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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
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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. (a) It is the sense of the Congress that, 
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act 
should be American-made. 
(b) In providing financial assistance to, or entering 
into any contract with, any entity using funds made avail-
able in this Act, the head of each Federal agency, to the 
greatest extent practicable, shall provide to such entity a 
notice describing the statement made in subsection (a) by 
the Congress.
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(c) If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a 
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available 
in this Act, pursuant to the debarment, suspension, and 
ineligibility procedures described in sections 9.400 through 
9.409 of title 48, Code of Federal Regulations. 
SEC. 507. When issuing statements, press releases, 
requests for proposals, bid solicitations and other 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.
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SEC. 508. (a) None of the funds appropriated under 
this Act, and none of the funds in any trust fund to which 
funds are appropriated under this Act, shall be expended 
for any abortion. 
(b) None of the funds appropriated under this Act, 
and none of the funds in any trust fund to which funds 
are appropriated under this Act, shall be expended for 
health benefits coverage that includes coverage of 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. 509. (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,
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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. 510. (a) None of the funds made available in 
this Act may be used for—
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(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. 511. (a) None of the funds made available in 
this Act may be used for any activity that promotes the 
legalization of any drug or other substance included in 
schedule I of the schedules of controlled substances estab-
lished by section 202 of the Controlled Substances Act (21 
U.S.C. 812). 
(b) The limitation in subsection (a) shall not apply 
when there is significant medical evidence of a therapeutic 
advantage to the use of such drug or other substance or 
that federally sponsored clinical trials are being conducted 
to determine therapeutic advantage.