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propriations pending before the Congress or any State legis-
lature. 
SEC. 504. The Secretaries of Labor and Education are 
authorized to make available not to exceed $28,000 and 
$20,000, respectively, from funds available for salaries and 
expenses under titles I and III, respectively, for official re-
ception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized 
to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for 
‘‘Salaries and expenses, Federal Mediation and Concilia-
tion Service’’; and the Chairman of the National Mediation 
Board is authorized to make available for official reception 
and representation expenses not to exceed $5,000 from funds 
available for ‘‘Salaries and expenses, National Mediation 
Board’’. 
SEC. 505. Notwithstanding any other provision of this 
Act, no funds appropriated in this Act shall be used to 
carry out any program of distributing sterile needles or sy-
ringes for the hypodermic injection of any illegal drug. 
SEC. 506. When issuing statements, press releases, re-
quests for proposals, bid solicitations and other documents 
describing projects or programs funded in whole or in part 
with Federal money, all grantees receiving Federal funds 
included in this Act, including but not limited to State and
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local governments and recipients of Federal research grants, 
shall clearly state— 
(1) the percentage of the total costs of the pro-
gram or project which will be financed with Federal 
money; 
(2) the dollar amount of Federal funds for the 
project or program; and 
(3) percentage and dollar amount of the total 
costs of the project or program that will be financed 
by non-governmental sources. 
SEC. 507. (a) None of the funds appropriated in this 
Act, and none of the funds in any trust fund to which funds 
are appropriated in this Act, shall be expended for any 
abortion. 
(b) None of the funds appropriated in this Act, and 
none of the funds in any trust fund to which funds are 
appropriated in this Act, shall be expended for health bene-
fits coverage that includes coverage of abortion. 
(c) The term ‘‘health benefits coverage’’ means the 
package of services covered by a managed care provider or 
organization pursuant to a contract or other arrangement. 
SEC. 508. (a) The limitations established in the pre-
ceding section shall not apply to an abortion— 
(1) if the pregnancy is the result of an act of 
rape or incest; or
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(2) in the case where a woman suffers from a 
physical disorder, physical injury, or physical illness, 
including a life-endangering physical condition 
caused by or arising from the pregnancy itself, that 
would, as certified by a physician, place the woman 
in danger of death unless an abortion is performed. 
(b) Nothing in the preceding section shall be construed 
as prohibiting the expenditure by a State, locality, entity, 
or private person of State, local, or private funds (other 
than a State’s or locality’s contribution of Medicaid match-
ing funds). 
(c) Nothing in the preceding section shall be construed 
as restricting the ability of any managed care provider 
from offering abortion coverage or the ability of a State or 
locality to contract separately with such a provider for such 
coverage with State funds (other than a State’s or locality’s 
contribution of Medicaid matching funds). 
(d)(1) None of the funds appropriated 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 requires any health care professional to provide, 
assist in the performance of, or train others to perform 
abortions, in violation of that individual’s religious beliefs 
or moral convictions.
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(2) None of the funds appropriated in this Act shall 
be used by a Federal agency or program, or by a State or 
local government to require any hospital to perform or as-
sist in the performance of an abortion, to train for, or to 
make its facilities available for the performance of an abor-
tion, in violation of that institution’s religious beliefs or 
moral convictions. 
(3) Nothing in this section shall be construed to pre-
empt or overrule any provision of Title X, Medicaid, or 
Emergency Medical Treatment and Active Labor Act 
(EMTALA) statutes or any regulation issued thereunder 
which requires discussing or providing all medically appro-
priate information, services, or referring for services. 
SEC. 509. (a) None of the funds made available in this 
Act may be used for— 
(1) the creation of a human embryo or embryos 
for research purposes; or 
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly subjected 
to risk of injury or death greater than that allowed 
for research on fetuses in utero under 45 CFR 
46.208(a)(2) and section 498(b) of the Public Health 
Service Act (42 U.S.C. 289g(b)). 
(b) For purposes of this section, the term ‘‘human em-
bryo or embryos’’ includes any organism, not protected as
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a human subject under 45 CFR 46 as of the date of the 
enactment of this Act, that is derived by fertilization, par-
thenogenesis, cloning, or any other means from one or more 
human gametes or human diploid cells. 
SEC. 510. (a) None of the funds made available in this 
Act may be used for any activity that promotes the legaliza-
tion of any drug or other substance included in schedule 
I of the schedules of controlled substances established by sec-
tion 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 de-
termine therapeutic advantage. 
SEC. 511. None of the funds made available in this 
Act may be obligated or expended to enter into or renew 
a contract with an entity if— 
(1) such entity is otherwise a contractor with the 
United States and is subject to the requirement in 
section 4212(d) of title 38, United States Code, re-
garding submission of an annual report to the Sec-
retary of Labor concerning employment of certain vet-
erans; and
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(2) such entity has not submitted a report as re-
quired by that section for the most recent year for 
which such requirement was applicable to such entity. 
SEC. 512. None of the funds made available in this 
Act may be used to promulgate or adopt any final standard 
under section 1173(b) of the Social Security Act (42 U.S.C. 
1320d–2(b)) providing for, or providing for the assignment 
of, a unique health identifier for an individual (except in 
an individual’s capacity as an employer or a health care 
provider), until legislation is enacted specifically approving 
the standard. 
SEC. 513. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except pur-
suant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriation Act. 
SEC. 514. None of the funds appropriated in this Act 
may be used to enter into an arrangement under section 
7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C. 
231f(b)(4)) with a nongovernmental financial institution to 
serve as disbursing agent for benefits payable under the 
Railroad Retirement Act of 1974. 
SEC. 515. (a) None of the funds provided in this Act, 
or provided under previous appropriations Acts to the agen-
cies funded by this Act that remain available for obligation
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or expenditure in fiscal year 2006, or provided from any 
accounts in the Treasury of the United States derived by 
the collection of fees available to the agencies funded by this 
Act, shall be available for obligation or expenditure through 
a reprogramming of funds that— 
(1) creates new programs; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means 
for any project or activity for which funds have been 
denied or restricted; 
(4) relocates an office or employees; 
(5) reorganizes or renames offices; 
(6) reorganizes programs or activities; or 
(7) contracts out or privatizes any functions or 
activities presently performed by Federal employees. 
None of the funds made available by this Act may be 
reprogrammed unless the Appropriations Committees of 
both Houses of Congress are notified 15 days in advance 
of a reprogramming or announcement of intent to repro-
gram funds, whichever occurs earlier. 
(b) None of the funds provided in this Act, or provided 
under previous appropriations Acts to the agencies funded 
by this Act that remain available for obligation or expendi-
ture in fiscal year 2006, or provided from any accounts 
in the Treasury of the United States derived by the collec-
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tion of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, 
whichever is less, that— 
(1) augments existing programs, projects (in-
cluding construction projects), or activities; 
(2) reduces by 10 percent funding for any exist-
ing program, project, or activity, or numbers of per-
sonnel by 10 percent as approved by Congress; or 
(3) results from any general savings from a re-
duction in personnel which would result in a change 
in existing programs, activities, or projects as ap-
proved by Congress; unless the Appropriations Com-
mittees of both Houses of Congress are notified 15 
days in advance of a reprogramming or announce-
ment of intent to reprogram funds, whichever occurs 
earlier. 
SEC. 516. None of the funds made available in this 
Act may be used to reimburse, or provide reimbursement 
for drugs approved to treat erectile dysfunction. 
SEC. 517. Any limitation, directive, or earmarking 
contained in either the House of Representatives or Senate 
report accompanying H.R. 3010 shall also be included in 
the conference report or joint statement accompanying H.R.
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3010 in order to be considered as having been approved by 
both Houses of Congress. 
SEC. 518. (a) This section may be cited as the ‘‘Diver-
sity Visa Fairness Act of 2005’’. 
(b)(1) Section 204(a)(1)(I)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)) is amended by 
striking subclause (II) and inserting the following: 
‘‘(II) An alien who qualifies, through random selection, 
for a visa under section 203(c) or adjustment of status 
under section 245(a) shall remain eligible to receive such 
visa or adjustment of status beyond the end of the specific 
fiscal year for which the alien was selected if the alien— 
‘‘(aa) properly applied for such visa or adjust-
ment of status during the fiscal year for which the 
alien was selected; and 
‘‘(bb) was notified by the Secretary of State, 
through the publication of the Visa Bulletin, that the 
application was authorized.’’. 
(2)(A) Notwithstanding any other provision of law, a 
visa shall be available for an alien under section 203(c) 
of the Immigration and Nationality Act (8 U.S.C. 1153(c)) 
if— 
(i) such alien was eligible for and properly ap-
plied for an adjustment of status under section 245
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of such Act (8 U.S.C. 1255) during any of the fiscal 
years 1998 through 2005; 
(ii) the application submitted by such alien was 
denied because personnel of the Department of Home-
land Security or the Immigration and Naturalization 
Service failed to adjudicate such application during 
the fiscal year in which such application was filed; 
(iii) such alien moves to reopen such adjustment 
of status applications pursuant to procedures or in-
structions provided by the Secretary of Homeland Se-
curity or the Secretary of State; and 
(iv) such alien has continuously resided in the 
United States since the date of submitting such appli-
cation. 
(B) A visa made available under subparagraph (A) 
may not be counted toward the numerical maximum for 
the worldwide level of set out in section 201(e) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(e)). 
(3) The amendment made by paragraph (1) shall take 
effect on October 1, 2005. 
SEC. 519. (a) Section 316 of the Immigration and Na-
tionality Act (8 U.S.C. 1427), is amended by adding at 
the end the following:
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‘‘(g)(1) The continuous residency requirement under 
subsection (a) may be reduced to 3 years for an applicant 
for naturalization if— 
‘‘(A) the applicant is the beneficiary of an ap-
proved petition for classification under section 
204(a)(1)(E); 
‘‘(B) the applicant has been approved for adjust-
ment of status under section 245(a); and 
‘‘(C) such reduction is necessary for the appli-
cant to represent the United States at an inter-
national event. 
‘‘(2) The Secretary of Homeland Security shall adju-
dicate an application for naturalization under this section 
not later than 30 days after the submission of such applica-
tion if the applicant— 
‘‘(A) requests such expedited adjudication in 
order to represent the United States at an inter-
national event; and 
‘‘(B) demonstrates that such expedited adjudica-
tion is related to such representation. 
‘‘(3) An applicant is ineligible for expedited adjudica-
tion under paragraph (2) if the Secretary of Homeland Se-
curity determines that such expedited adjudication poses a 
risk to national security. Such a determination by the Sec-
retary shall not be subject to review.
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‘‘(4)(A) In addition to any other fee authorized by law, 
the Secretary of Homeland Security shall charge and collect 
a $1,000 premium processing fee from each applicant de-
scribed in this subsection to offset the additional costs in-
curred to expedite the processing of applications under this 
subsection. 
‘‘(B) The fee collected under subparagraph (A) shall 
be deposited as offsetting collections in the Immigration Ex-
aminations Fee Account.’’. 
(b) The amendment made by subsection (a) is repealed 
on January 1, 2006. 
SEC. 520. Notwithstanding any other provision of law, 
not later than 60 days after the date of enactment of this 
Act, MidAmerica St. Louis Airport in Mascoutah, Illinois, 
shall be designated as a port of entry. 
SEC. 521. (a) None of the funds made available in this 
Act may be used to request that a candidate for appoint-
ment to a Federal scientific advisory committee disclose the 
political affiliation or voting history of the candidate or 
the position that the candidate holds with respect to polit-
ical issues not directly related to and necessary for the work 
of the committee involved. 
(b) None of the funds made available in this Act may 
be used to disseminate scientific information that is delib-
erately false or misleading.
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SEC. 522. DEPARTMENT
OF HEALTH
AND HUMAN 
SERVICES AND DEPARTMENT OF EDUCATION RISK ASSESS-
MENT.—(a) ESTIMATE.—The Secretary of Health and 
Human Services and the Secretary of Education shall esti-
mate improper payments pursuant to section 2 of the Im-
proper Payments Information Act of 2002 (31 U.S.C. 3321 
note, Public Law 107–300) under— 
(1) in the case of the Secretary of Health and 
Human Services, the Temporary Assistance for Needy 
Families Program under part A of title IV of the So-
cial Security Act (42 U.S.C. 601 et seq.), the Foster 
Care and Adoption Assistance Program under part E 
of title IV of such Act (42 U.S.C. 670 et seq.), the 
Medicaid program under title XIX of such Act (42 
U.S.C. 1396 et seq.), the State Children’s Health In-
surance Program under title XXI of such Act (42 
U.S.C. 1397aa et seq.), and the Child Care and Devel-
opment Block Grant Act of 1990 (42 U.S.C. 9858 et 
seq.); and 
(2) in the case of the Secretary of Education, 
title I of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.). 
(b) REPORT.—Not later than 60 days after the date 
of enactment of this Act, the Secretary of Health and 
Human Services, in the case of the programs specified in
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subsection (a)(1), and the Secretary of Education, in the 
case of the program specified in subsection (a)(2), shall re-
port to Congress on the specific actions taken under each 
such program to comply with section 2 of the Improper 
Payments Information Act of 2002, including a schedule 
for full compliance with such Act within fiscal year 2006. 
SEC. 523. (a) Congress makes the following findings: 
(1) The American Jobs Creation Act of 2004 per-
mitted the outsourcing or privatization by the Inter-
nal Revenue Service of collection of unpaid and past 
due federal income taxes. 
(2) The Internal Revenue Service is about to 
issue to private-sector debt collection companies tax 
collection contracts that will create up to 4,000 well 
paying private-sector jobs. 
(3) If the same tax collection activities were con-
ducted by Federal employees, Federal law would give 
preferences in employment to disabled veterans in fill-
ing those federal jobs. 
(4) By enacting legislation to improve the Inter-
nal Revenue Service’s tax collection efforts and 
outsourcing or privatizing those efforts, Congress did 
not intend to curtail the Nation’s long-standing com-
mitment to creating meaningful job opportunities for
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disabled veterans and other persons with severe dis-
abilities. 
(5) The contracts the Internal Revenue Service 
will execute with private-sector debt collection compa-
nies provide a unique opportunity for the Federal 
government to stimulate the creation of well paying 
jobs for disabled veterans and other persons with dis-
abilities. 
(b) It is the sense of the Senate that— 
(1) the Secretary of the Treasury should, to the 
maximum extent practicable, ensure that existing 
Federal employment preferences for disabled veterans 
and Federal policies promoting opportunities for 
other disabled persons are carried forward as a part 
of any tax collection contract program carried out 
under section 6306 of the Internal Revenue Code of 
1986, as added by the American Jobs Creation Act of 
2004, and 
(2) the criteria applied by the Internal Revenue 
Service in awarding contracts to private-sector tax 
collection companies under such program should in-
corporate a preference for companies hiring disabled 
veterans and other disabled persons.
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This Act may be cited as the ‘‘Departments of Labor, 
Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 2006’’. 
Passed the House of Representatives June 24, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate October 27, 2005. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.