Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006
PL 109-149 (H.R.3010), enacted 12/30/2005

119 STAT. 2833
PUBLIC LAW 109–149—DEC. 30, 2005
Public Law 109–149
109th Congress
An Act
Making appropriations for the Departments of Labor, Health and Human Services,
and Education, and Related Agencies for the fiscal year ending September 30,
2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Departments of Labor, Health
and Human Services, and Education, and Related Agencies for
the fiscal year ending September 30, 2006, and for other purposes,
namely:
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSIONS)
For necessary expenses of the Workforce Investment Act of
1998, the Denali Commission Act of 1998, and the Women in
Apprenticeship and Non-Traditional Occupations Act of 1992,
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 the Workforce Investment Act of 1998; $2,652,411,000 plus
reimbursements, of which $1,688,411,000 is available for obligation
for the period July 1, 2006, through June 30, 2007; except that
amounts determined by the Secretary of Labor to be necessary
pursuant to sections 173(a)(4)(A) and 174(c) of the Workforce Invest-
ment Act of 1998 shall be available from October 1, 2005, until
expended; and of which $950,000,000 is available for obligation
for the period April 1, 2006, through June 30, 2007, to carry
out chapter 4 of the Workforce Investment Act of 1998; and of
which $8,000,000 is available for the period July 1, 2006, through
June 30, 2009, for necessary expenses of construction, rehabilitation,
and acquisition of Job Corps centers: Provided, That notwith-
standing any other provision of law, of the funds provided herein
under section 137(c) of the Workforce Investment Act of 1998,
$282,800,000 shall be for activities described in section 132(a)(2)(A)
of such Act and $1,193,264,000 shall be for activities described
in section 132(a)(2)(B) of such Act: Provided further, That
$125,000,000 shall be available for Community-Based Job Training
Grants, which shall be from funds reserved under section
Department of
Labor
Appropriations
Act, 2006.
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2006.
Dec. 30, 2005
[H.R. 3010]
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119 STAT. 2834
PUBLIC LAW 109–149—DEC. 30, 2005
132(a)(2)(A) of the Workforce Investment Act of 1998 and shall
be used to carry out such grants under section 171(d) of such
Act, except that the 10 percent limitation otherwise applicable
to the amount of funds that may be used to carry out section
171(d) shall not be applicable to funds used for Community-Based
Job Training grants: Provided further, That funds provided to carry
out section 132(a)(2)(A) of the Workforce Investment Act of 1998
may be used to provide assistance to a State for State-wide or
local use in order to address cases where there have been worker
dislocations across multiple sectors or across multiple local areas
and such workers remain dislocated; coordinate the State workforce
development plan with emerging economic development needs; and
train such eligible dislocated workers: Provided further, That
$7,936,000 shall be for carrying out section 172 of the Workforce
Investment Act of 1998: Provided further, That $982,000 shall be
for carrying out Public Law 102–530: Provided further, That, not-
withstanding any other provision of law or related regulation,
$80,557,000 shall be for carrying out section 167 of the Workforce
Investment Act of 1998, including $75,053,000 for formula grants,
$5,000,000 for migrant and seasonal housing (of which not less
than 70 percent shall be for permanent housing), and $504,000
for other discretionary purposes, and that the Department shall
take no action limiting the number or proportion of eligible partici-
pants receiving related assistance services or discouraging grantees
from providing such services: Provided further, That notwith-
standing 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 the Workforce Invest-
ment Act of 1998 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 facili-
ties, and the purchase of real property for training centers as
authorized by the Act; $2,463,000,000 plus reimbursements, of
which $2,363,000,000 is available for obligation for the period
October 1, 2006, through June 30, 2007, and of which $100,000,000
is available for the period October 1, 2006, through June 30, 2009,
for necessary expenses of construction, rehabilitation, and acquisi-
tion of Job Corps centers.
Of the funds provided under this heading in Public Law 108–
7 to carry out section 173(a)(4)(A) of the Workforce Investment
Act of 1998, $20,000,000 are rescinded.
Of the funds provided under this heading in Public Law 107–
117, $5,000,000 are rescinded.
Of the funds provided under this heading in division F of
Public Law 108–447 for Community-Based Job Training Grants,
$125,000,000 is rescinded.
The Secretary of Labor shall take no action to amend, through
regulatory or administration action, the definition established in
20 CFR 667.220 for functions and activities under title I of the
Workforce Investment Act of 1998, or to modify, through regulatory
or administrative action, the procedure for redesignation of local
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119 STAT. 2835
PUBLIC LAW 109–149—DEC. 30, 2005
areas as specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of that
Act, but notwithstanding the time limits specified in section
116(a)(3)(B) of that Act), until such time as legislation reauthorizing
the Act is enacted. Nothing in the preceding sentence shall permit
or require the Secretary of Labor to withdraw approval for such
redesignation from a State that received the approval not later
than October 12, 2005, or to revise action taken or modify the
redesignation procedure being used by the Secretary in order to
complete such redesignation for a State that initiated the process
of such redesignation by submitting any request for such redesigna-
tion not later than October 26, 2005.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of 1965, as
amended, $436,678,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I and section 246;
and for training, allowances for job search and relocation, and
related State administrative expenses under part II of chapter
2, title II of the Trade Act of 1974 (including the benefits and
services described under sections 123(c)(2) and 151(b) and (c) of
the Trade Adjustment Assistance Reform Act of 2002, Public Law
107–210), $966,400,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for pay-
ments for any period subsequent to September 15 of the current
year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For authorized administrative expenses, $125,312,000, together
with not to exceed $3,266,766,000 (including not to exceed
$1,228,000 which may be used for amortization payments to States
which had independent retirement plans in their State employment
service agencies prior to 1980), which may be expended from the
Employment Security Administration Account in the Unemploy-
ment Trust Fund including the cost of administering section 51
of the Internal Revenue Code of 1986, as amended, section 7(d)
of the Wagner-Peyser Act, as amended, the Trade Act of 1974,
as amended, the Immigration Act of 1990, and the Immigration
and Nationality Act, as amended, and of which the sums available
in the allocation for activities authorized by title III of the Social
Security Act, as amended (42 U.S.C. 502–504), and the sums avail-
able 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, 2006, except that funds used
for automation acquisitions shall be available for obligation by
the States through September 30, 2008; of which $125,312,000,
together with not to exceed $700,000,000 of the amount which
may be expended from said trust fund, shall be available for obliga-
tion for the period July 1, 2006, through June 30, 2007, to fund
activities under the Act of June 6, 1933, as amended, including
the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E)
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119 STAT. 2836
PUBLIC LAW 109–149—DEC. 30, 2005
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 2006 is projected by the
Department of Labor to exceed 2,800,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase in the
AWIU level (including a pro rata amount for any increment less
than 100,000) from the Employment Security Administration
Account of the Unemployment Trust Fund: Provided further, That
funds appropriated in this Act which are used to establish a national
one-stop career center system, or which are used to support the
national activities of the Federal-State unemployment insurance
or immigration programs, may be obligated in contracts, grants
or agreements with non-State entities: Provided further, That funds
appropriated in this Act for activities authorized under the Wagner-
Peyser Act, as amended, and title III of the Social Security Act,
may be used by the States to fund integrated Employment Service
and Unemployment Insurance automation efforts, notwithstanding
cost allocation principles prescribed under Office of Management
and Budget Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
as amended, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code of
1954, as amended; and for nonrepayable advances to the Unemploy-
ment Trust Fund as authorized by section 8509 of title 5, United
States Code, and to the ‘‘Federal unemployment benefits and allow-
ances’’ account, to remain available until September 30, 2007,
$465,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September
15, 2006, for costs incurred by the Black Lung Disability Trust
Fund in the current fiscal year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and training pro-
grams, $117,123,000, together with not to exceed $82,877,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
WORKERS COMPENSATION PROGRAMS
(RESCISSION)
Of funds provided under this heading in the Emergency Supple-
mental Appropriations Act, 2002 (Public Law 107–117, division
B), $120,000,000 are rescinded.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $134,900,000.
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119 STAT. 2837
PUBLIC LAW 109–149—DEC. 30, 2005
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance authorized
by section 104 of Public Law 96–364, within limits of funds and
borrowing authority available to such Corporation, and in accord
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
the Government Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program, including
associated administrative expenses, through September 30, 2006,
for such Corporation: Provided, That none of the funds available
to the Corporation for fiscal year 2006 shall be available for obliga-
tions for administrative expenses in excess of $296,978,000: Pro-
vided further, That obligations in excess of such amount may be
incurred after approval by the Office of Management and Budget
and the Committees on Appropriations of the House and Senate.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services rendered,
$413,168,000, together with $2,048,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d),
and 44(j) of the Longshore and Harbor Workers’ Compensation
Act: Provided, That the Secretary of Labor is authorized to establish
and, in accordance with 31 U.S.C. 3302, collect and deposit in
the Treasury fees for processing applications and issuing certificates
under sections 11(d) and 14 of the Fair Labor Standards Act of
1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under title I of the Migrant
and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by title 5, chapter 81 of the United
States Code; continuation of benefits as provided for under the
heading ‘‘Civilian War Benefits’’ in the Federal Security Agency
Appropriation Act, 1947; the Employees’ Compensation Commission
Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims
Act of 1948 (50 U.S.C. App. 2012); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers’ Compensation Act, as amended,
$237,000,000, together with such amounts as may be necessary
to be charged to the subsequent year appropriation for the payment
of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated
may be used under section 8104 of title 5, United States Code,
by the Secretary of Labor to reimburse an employer, who is not
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119 STAT. 2838
PUBLIC LAW 109–149—DEC. 30, 2005
the employer at the time of injury, for portions of the salary of
a reemployed, disabled beneficiary: Provided further, That balances
of reimbursements unobligated on September 30, 2005, shall remain
available until expended for the payment of compensation, benefits,
and expenses: Provided further, That in addition there shall be
transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under section
8147(c) of title 5, United States Code, to pay an amount for its
fair share of the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees of such
fair share entities through September 30, 2006: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal Employees’
Compensation Act, $53,695,000 shall be made available to the Sec-
retary as follows:
(1) For enhancement and maintenance of automated data
processing 
systems 
and 
telecommunications 
systems,
$13,305,000.
(2) 
For 
automated 
workload 
processing 
operations,
including document imaging, centralized mail intake and med-
ical bill processing, $27,148,000.
(3) For periodic roll management and medical review,
$13,242,000.
(4) The remaining funds shall be paid into the Treasury
as miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under chapter
81 of title 5, United States Code, or 33 U.S.C. 901 et seq., provide
as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations
may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275 (the ‘‘Act’’),
$232,250,000, 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 2007, $74,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $96,081,000, to remain
available until expended: Provided, That the Secretary of Labor
is authorized to transfer to any executive agency with authority
under the Energy Employees Occupational Illness Compensation
Act, including within the Department of Labor, such sums as may
be necessary in fiscal year 2006 to carry out those authorities:
Provided further, That the Secretary may require that any person
filing a claim for benefits under the Act provide as part of such
claim, such identifying information (including Social Security
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119 STAT. 2839
PUBLIC LAW 109–149—DEC. 30, 2005
account number) as may be prescribed: Provided further, That not
later than 30 days after enactment, in addition to other sums
transferred by the Secretary of Labor to the National Institute
for Occupational Safety and Health (‘‘NIOSH’’) for the administra-
tion of the Energy Employees Occupational Illness Compensation
Program (‘‘EEOICPA’’), the Secretary of Labor shall transfer
$4,500,000 to NIOSH from the funds appropriated to the Energy
Employees Occupational Illness Compensation Fund (42 U.S.C.
7384e), for use by or in support of the Advisory Board on Radiation
and Worker Health (‘‘the Board’’) to carry out its statutory respon-
sibilities under EEOICPA (42 U.S.C. 7384n–q), including obtaining
audits, technical assistance and other support from the Board’s
audit contractor with regard to radiation dose estimation and
reconstruction efforts, site profiles, procedures, and review of Special
Exposure Cohort petitions and evaluation reports.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
In fiscal year 2006 and thereafter, such sums as may be nec-
essary from the Black Lung Disability Trust Fund, to remain avail-
able until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code
of 1954, as amended; and interest on advances, as authorized by
section 9501(c)(2) of that Act. In addition, the following amounts
shall be available from the Fund for fiscal year 2006 for expenses
of operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): $33,050,000 for transfer to
the 
Employment 
Standards 
Administration 
‘‘Salaries 
and
Expenses’’; $24,239,000 for transfer to Departmental Management,
‘‘Salaries and Expenses’’; $344,000 for transfer to Departmental
Management ‘‘Office of Inspector General’’; and $356,000 for pay-
ments into miscellaneous receipts for the expenses of the Depart-
ment of the Treasury.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $477,199,000, including not to exceed $92,013,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(the ‘‘Act’’), which grants shall be no less than 50 percent of the
costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $750,000 per fiscal year of training institute course tuition
fees, otherwise authorized by law to be collected, and may utilize
such sums for occupational safety and health training and education
grants: Provided, That, notwithstanding 31 U.S.C. 3302, the Sec-
retary of Labor is authorized, during the fiscal year ending Sep-
tember 30, 2006, to collect and retain fees for services provided
to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
29 USC 670 note.
26 USC 9501
note.
Deadline.
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119 STAT. 2840
PUBLIC LAW 109–149—DEC. 30, 2005
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 temporary labor camp and employs 10 or fewer
employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the Act
with respect to any employer of 10 or fewer employees who is
included within a category having a Days Away, Restricted, or
Transferred (DART) occupational injury and illness rate, at the
most precise industrial classification code for which such data are
published, less than the national average rate as such rates are
most recently published by the Secretary, acting through the Bureau
of Labor Statistics, in accordance with section 24 of that Act (29
U.S.C. 673), except—
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for viola-
tions which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That not less than $3,200,000 shall
be used to extend funding for the Institutional Competency Building
training grants which commenced in September 2000, for program
activities for the period of September 30, 2006, to September 30,
2007, provided that a grantee has demonstrated satisfactory
performance: Provided further, That none of the funds appropriated
under this paragraph shall be obligated or expended to administer
or enforce the provisions of 29 CFR 1910.134(f)(2) (General Industry
Respiratory Protection Standard) to the extent that such provisions
require the annual fit testing (after the initial fit testing) of res-
pirators for occupational exposure to tuberculosis.
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119 STAT. 2841
PUBLIC LAW 109–149—DEC. 30, 2005
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $280,490,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities; in addition,
not to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the sale
of training materials, otherwise authorized by law to be collected,
to be available for mine safety and health education and training
activities, notwithstanding 31 U.S.C. 3302; and, in addition, the
Mine Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such
sums for such activities; the Secretary is authorized to accept lands,
buildings, equipment, and other contributions from public and pri-
vate sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety education
and training in the mining community through cooperative pro-
grams with States, industry, and safety associations; the Secretary
is authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any other
provision of law, may provide funds and, with or without reimburse-
ment, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization; and any funds available to the department
may be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event of
a major disaster.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $464,678,000,
together with not to exceed $77,845,000, which may be expended
from the Employment Security Administration Account in the
Unemployment Trust Fund, of which $5,000,000 may be used to
fund the mass layoff statistics program under section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l–2): Provided, That the Current
Employment Survey shall maintain the content of the survey issued
prior to June 2005 with respect to the collection of data for the
women worker series.
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,
$27,934,000.
30 USC 962.
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119 STAT. 2842
PUBLIC LAW 109–149—DEC. 30, 2005
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the management
or operation, through contracts, grants or other arrangements of
Departmental activities conducted by or through the Bureau of
International Labor Affairs, including bilateral and multilateral
technical assistance and other international labor activities,
$300,275,000, of which $6,944,000, to remain available until Sep-
tember 30, 2007, is for Frances Perkins Building Security Enhance-
ments, and $29,760,000 is for the acquisition of Departmental
information technology, architecture, infrastructure, equipment,
software and related needs, which will be allocated by the Depart-
ment’s Chief Information Officer in accordance with the Depart-
ment’s capital investment management process to assure a sound
investment strategy; together with not to exceed $311,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $194,834,000 may be derived from the Employ-
ment Security Administration Account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 4100–4113, 4211–
4215, and 4321–4327, and Public Law 103–353, and which shall
be available for obligation by the States through December 31,
2006, of which $1,984,000 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), $29,500,000, of
which $7,500,000 shall be available for obligation for the period
July 1, 2006, through June 30, 2007.
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, $66,211,000, together with not to exceed
$5,608,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
WORKING CAPITAL FUND
For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software infrastruc-
ture and the costs associated with implementation thereof,
$6,230,000.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the salary of an individual,
either as direct costs or any proration as an indirect cost, at a
rate in excess of Executive Level I.
SEC. 102. Not later than 90 days after the date of enactment
of this Act, the Secretary of Labor shall permanently establish
and maintain an Office of Job Corps within the Office of the
Deadline.
Establishment.
29 USC 2883a.
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Secretary, in the Department of Labor, to carry out the functions
(including duties, responsibilities, and procedures) of subtitle C
of title I of the Workforce Investment Act of 1998 (29 U.S.C.
2881 et seq.). The Secretary shall appoint a senior member of
the civil service to head that Office of Job Corps and carry out
subtitle C. The Secretary shall transfer funds appropriated for
the program carried out under that subtitle C, including the
administration of such program, to the head of that Office of Job
Corps. The head of that Office of Job Corps shall have contracting
authority and shall receive support as necessary from the Assistant
Secretary for Administration and Management with respect to con-
tracting functions and the Assistant Secretary for Policy with
respect to research and evaluation functions.
(TRANSFER OF FUNDS)
SEC. 103. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be trans-
ferred between a program, project, or activity, but no such program,
project, or activity shall be increased by more than 3 percent by
any such transfer: Provided, That a program, project, or activity
may be increased by up to an additional 2 percent subject to
approval by the House and Senate Committees on Appropriations:
Provided further, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or
activity for which no funds are provided in this Act: Provided
further, That the Appropriations Committees of both Houses of
Congress are notified at least 15 days in advance of any transfer.
SEC. 104. In accordance with Executive Order No. 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 105. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the Depart-
ment of Labor to conduct job training of the local workforce where
Denali Commission projects will be constructed.
SEC. 106. For purposes of chapter 8 of division B of the Depart-
ment of Defense and Emergency Supplemental Appropriations for
Recovery from and Response to Terrorist Attacks on the United
States Act, 2002 (Public Law 107–117), payments made by the
New York Workers’ Compensation Board to the New York Crime
Victims Board and the New York State Insurance Fund before
the date of the enactment of this Act shall be deemed to have
been made for workers compensation programs.
SEC. 107. The Department of Labor shall submit its fiscal
year 2007 congressional budget justifications to the Committees
on Appropriations of the House of Representatives and the Senate
in the format and level of detail used by the Department of Edu-
cation in its fiscal year 2006 congressional budget justifications.
SEC. 108. The Secretary shall prepare and submit not later
than July 1, 2006, to the Committees on Appropriations of the
Senate and of the House an operating plan that outlines the planned
Deadline.
Budget.
New York.
Child labor.
Notification.
Deadline.
Appointment.
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allocation by major project and activity of fiscal year 2006 funds
made available for section 171 of the Workforce Investment Act.
This title may be cited as the ‘‘Department of Labor Appropria-
tions Act, 2006’’.
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,
and 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, section 712 of the American Jobs Creation Act of
2004, and for expenses necessary to support activities related to
countering potential biological, disease, nuclear, radiological and
chemical threats to civilian populations, $6,629,661,000 of which
$64,180,000 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 (of which $25,000,000 is for a Delta health initia-
tive Rural Health, Education, and Workforce Infrastructure Dem-
onstration Program which shall solicit and fund proposals from
local governments, hospitals, universities, and rural public health-
related entities and organizations for research development, edu-
cational programs, job training, and construction of public health-
related facilities): Provided, That of the funds made available under
this heading, $222,000 shall be available until expended for facilities
renovations at the Gillis W. Long Hansen’s Disease Center: Provided
further, That in addition to fees authorized by section 427(b) of
the Health Care Quality Improvement Act of 1986, fees shall be
collected for the full disclosure of information under the Act suffi-
cient to recover the full costs of operating the National Practitioner
Data Bank, and shall remain available until expended to carry
out that Act: Provided further, That fees collected for the full
disclosure of information under the ‘‘Health Care Fraud and Abuse
Data Collection Program’’, authorized by section 1128E(d)(2) of the
Social Security Act, shall be sufficient to recover the full costs
of operating the program, and shall remain available until expended
to carry out that Act: Provided further, That no more than $40,000
is available until expended for carrying out the provisions of 42
U.S.C. 233(o) including associated administrative expenses: Pro-
vided further, That no more than $45,000,000 is available until
expended for carrying out the provisions of Public Law 104–73
and for expenses incurred by the Department of Health and Human
Services pertaining to administrative claims made under such law:
Provided further, That $4,000,000 is available until expended for
the National Cord Blood Stem Cell Bank Program as described
in House Report 108–401: Provided further, That of the funds
made available under this heading, $285,963,000 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
Department of
Health and
Human Services
Appropriations
Act, 2006.
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expended for abortions, that all pregnancy counseling shall be non-
directive, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided further,
That $797,521,000 shall be for State AIDS Drug Assistance Pro-
grams authorized by section 2616 of the Public Health Service
Act: Provided further, That in addition to amounts provided herein,
$25,000,000 shall be available from amounts available under section
241 of the Public Health Service Act to carry out Parts A, B,
C, and D of title XXVI of the Public Health Service Act to fund
section 2691 Special Projects of National Significance: Provided
further, That, notwithstanding section 502(a)(1) of the Social Secu-
rity Act, not to exceed $117,108,000 is available for carrying out
special projects of regional and national significance pursuant to
section 501(a)(2) of such Act: Provided further, That of the funds
provided, $39,680,000 shall be provided to the Denali Commission
as a direct lump payment pursuant to Public Law 106–113.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT
Such sums as may be necessary to carry out the purpose
of the program, as authorized by title VII of the Public Health
Service Act, as amended. For administrative expenses to carry
out the guaranteed loan program, including section 709 of the
Public Health Service Act, $2,916,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of
title XXI of the Public Health Service Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $3,600,000 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, section 501 of the Refugee Education Assistance Act of 1980,
and for expenses necessary to support activities related to coun-
tering potential biological, disease, nuclear, radiological, and chem-
ical threats to civilian populations; including purchase and insur-
ance of official motor vehicles in foreign countries; and purchase,
hire, maintenance, and operation of aircraft, $5,884,934,000, of
which $160,000,000 shall remain available until expended for equip-
ment, construction and renovation of facilities; of which $30,000,000
of the amounts available for immunization activities shall remain
available until expended; of which $530,000,000 shall remain avail-
able until expended for the Strategic National Stockpile; and of
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which $123,883,000 for international HIV/AIDS shall remain avail-
able until September 30, 2007. In addition, such sums as may
be derived from authorized user fees, which shall be credited to
this account: Provided, That in addition to amounts provided herein,
the following amounts shall be available from amounts available
under section 241 of the Public Health Service Act: (1) $12,794,000
to carry out the National Immunization Surveys; (2) $109,021,000
to carry out the National Center for Health Statistics surveys;
(3) $24,751,000 to carry out information systems standards develop-
ment and architecture and applications-based research used at local
public health levels; (4) $463,000 for Health Marketing evaluations;
(5) $31,000,000 to carry out Public Health Research; and (6)
$87,071,000 to carry out research activities within the National
Occupational Research Agenda: Provided further, That none of the
funds made available for injury prevention and control at the Cen-
ters for Disease Control and Prevention may be used, in whole
or in part, to advocate or promote gun control: Provided further,
That up to $31,800,000 shall be made available until expended
for Individual Learning Accounts for full-time equivalent employees
of the Centers for Disease Control and Prevention: Provided further,
That the Director may redirect the total amount made available
under authority of Public Law 101–502, section 3, dated November
3, 1990, to activities the Director may so designate: Provided fur-
ther, That the Congress is to be notified promptly of any such
transfer: Provided further, That not to exceed $12,500,000 may
be available for making grants under section 1509 of the Public
Health Service Act to not more than 15 States, tribes, or tribal
organizations: Provided further, That notwithstanding any other
provision of law, a single contract or related contracts for develop-
ment and construction of facilities may be employed which collec-
tively include the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause ‘‘availability
of funds’’ found at 48 CFR 52.232–18: Provided further, That of
the funds appropriated, $10,000 is for official reception and rep-
resentation expenses when specifically approved by the Director
of the Centers for Disease Control and Prevention: Provided further,
That employees of the Centers for Disease Control and Prevention
or the Public Health Service, both civilian and Commissioned Offi-
cers, detailed to States, municipalities, or other organizations under
authority of section 214 of the Public Health Service Act, shall
be treated as non-Federal employees for reporting purposes only
and shall not be included within any personnel ceiling applicable
to the Agency, Service, or the Department of Health and Human
Services during the period of detail or assignment.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,841,774,000, of which up
to $8,000,000 may be used for facilities repairs and improvements
at the NCI-Frederick Federally Funded Research and Development
Center in Frederick, Maryland.
Notification.
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NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,951,270,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $393,269,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney dis-
ease, $1,722,146,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,550,260,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,459,395,000: Provided, That $100,000,000 may be made available
to International Assistance Programs ‘‘Global Fund to Fight HIV/
AIDS, Malaria, and Tuberculosis’’, to remain available until
expended: Provided further, That up to $30,000,000 shall be for
extramural facilities construction grants to enhance the Nation’s
capability to do research on biological and other agents.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,955,170,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,277,544,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$673,491,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $647,608,000.
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NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,057,203,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $513,063,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication dis-
orders, $397,432,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $138,729,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism,
$440,333,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,010,130,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,417,692,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $490,959,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $299,808,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,110,203,000: Provided, That none of these funds
shall be used to pay recipients of the general research support
grants program any amount for indirect expenses in connection
with such grants.
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NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE
MEDICINE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medi-
cine, $122,692,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $197,379,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty Inter-
national Center, $67,048,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$318,091,000, of which $4,000,000 shall be available until expended
for improvement of information systems: Provided, That in fiscal
year 2006, the Library may enter into personal services contracts
for the provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes of Health:
Provided further, That in addition to amounts provided herein,
$8,200,000 shall be available from amounts available under section
241 of the Public Health Service Act to carry out National Informa-
tion Center on Health Services Research and Health Care Tech-
nology and related health services.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $482,895,000, of which up to
$10,000,000 shall be used to carry out section 217 of this Act:
Provided, That funding shall be available for the purchase of not
to exceed 29 passenger motor vehicles for replacement only: Pro-
vided further, That the Director may direct up to 1 percent of
the total amount made available in this or any other Act to all
National Institutes of Health appropriations to activities the
Director may so designate: Provided further, That no such appro-
priation shall be decreased by more than 1 percent by any such
transfers and that the Congress is promptly notified of the transfer:
Provided further, That the National Institutes of Health is author-
ized to collect third party payments for the cost of clinical services
that are incurred in National Institutes of Health research facilities
and that such payments shall be credited to the National Institutes
of Health Management Fund: Provided further, That all funds cred-
ited to the National Institutes of Health Management Fund shall
remain available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That up to $500,000 shall
be available to carry out section 499 of the Public Health Service
Act: Provided further, That in addition to the transfer authority
provided above, a uniform percentage of the amounts appropriated
Notification.
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in this Act to each Institute and Center may be transferred and
utilized for the National Institutes of Health Roadmap for Medical
Research: Provided further, That the amount utilized under the
preceding proviso shall not exceed $250,000,000 without prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
transferred and utilized under the preceding two provisos shall
be in addition to amounts made available for the Roadmap for
Medical Research from the Director’s Discretionary Fund and to
any amounts allocated to activities related to the Roadmap through
the normal research priority-setting process of individual Institutes
and Centers: Provided further, That of the funds provided $10,000
shall be for official reception and representation expenses when
specifically approved by the Director of NIH: Provided further,
That the Office of AIDS Research within the Office of the Director,
NIH may spend up to $4,000,000 to make grants for construction
or renovation of facilities as provided for in section 2354(a)(5)(B)
of the Public Health Service Act: Provided further, That of the
funds provided $97,000,000 shall be for expenses necessary to sup-
port activities related to countering potential nuclear, radiological
and chemical threats to civilian populations.
BUILDINGS AND FACILITIES
For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by the National Institutes
of Health, including the acquisition of real property, $81,900,000,
to remain available until expended.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health Service
Act (‘‘PHS Act’’) with respect to substance abuse and mental health
services, the Protection and Advocacy for Individuals with Mental
Illness Act, and section 301 of the PHS Act with respect to program
management, $3,237,813,000: Provided, That notwithstanding sec-
tion 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A are available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts provided
herein, the following amounts shall be available under section 241
of the PHS Act: (1) $79,200,000 to carry out subpart II of part
B of title XIX of the PHS Act to fund section 1935(b) technical
assistance, national data, data collection and evaluation activities,
and further that the total available under this Act for section
1935(b) activities shall not exceed 5 percent of the amounts appro-
priated for subpart II of part B of title XIX; (2) $21,803,000 to
carry out subpart I of part B of title XIX of the PHS Act to
fund section 1920(b) technical assistance, national data, data collec-
tion and evaluation activities, and further that the total available
under this Act for section 1920(b) activities shall not exceed 5
percent of the amounts appropriated for subpart I of part B of
title XIX; (3) $16,000,000 to carry out national surveys on drug
abuse; and (4) $4,300,000 to evaluate substance abuse treatment
programs.
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AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited
to this appropriation and shall remain available until expended:
Provided, That the amount made available pursuant to section
927(c) of the Public Health Service Act shall not exceed
$318,695,000: Provided further, That not more than $50,000,000
of these funds shall be for the development of scientific evidence
that supports the implementation and evaluation of health care
information technology systems.
CENTERS FOR MEDICARE AND MEDICAID SERVICES
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $156,954,419,000, to remain avail-
able until expended.
For making, after May 31, 2006, payments to States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2006 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2007, $62,783,825,000, to remain
available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under
section 1844, 1860D–16, and 1860D–31 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of
1965, section 278(d) of Public Law 97–248, and for administrative
expenses incurred pursuant to section 201(g) of the Social Security
Act, $177,742,200,000.
In addition, for making matching payments under section 1844,
and benefit payments under sections 1860D–16 and 1860D–31,
of the Social Security Act, not anticipated in budget estimates,
such sums as may be necessary.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $3,170,927,000,
to be transferred from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as author-
ized by section 201(g) of the Social Security Act; together with
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all funds collected in accordance with section 353 of the Public
Health Service Act and section 1857(e)(2) of the Social Security
Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall remain available until
expended: Provided, That all funds derived in accordance with
31 U.S.C. 9701 from organizations established under title XIII
of the Public Health Service Act shall be credited to and available
for carrying out the purposes of this appropriation: Provided further,
That $24,205,000, to remain available until September 30, 2007,
is for contract costs for the Centers for Medicare and Medicaid
Services Systems Revitalization Plan: Provided further, That
$79,934,000, to remain available until September 30, 2007, is for
contract costs for the Healthcare Integrated General Ledger
Accounting System: Provided further, That funds appropriated
under this heading are available for the Healthy Start, Grow Smart
program under which the Centers for Medicare and Medicaid Serv-
ices may, directly or through grants, contracts, or cooperative agree-
ments, produce and distribute informational materials including,
but not limited to, pamphlets and brochures on infant and toddler
health care to expectant parents enrolled in the Medicaid program
and to parents and guardians enrolled in such program with infants
and children: Provided further, That the Secretary of Health and
Human Services is directed to collect fees in fiscal year 2006 from
Medicare Advantage organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations with
risk-sharing contracts under section 1876 of that Act pursuant
to section 1876(k)(4)(D) of that Act: Provided further, That to the
extent Medicare claims volume is projected by the Centers for
Medicare and Medicaid Services (CMS) to exceed 200,000,000 Part
A claims and/or 1,022,100,000 Part B claims, an additional
$32,500,000 shall be available for obligation for every 50,000,000
increase in Medicare claims volume (including a pro rata amount
for any increment less than 50,000,000) from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust
Funds.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE
FUND
For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the Sec-
retary in connection with loans and loan guarantees under title
XIII of the Public Health Service Act, to be available without
fiscal year limitation for the payment of outstanding obligations.
During fiscal year 2006, 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. chapter 9),
$2,121,643,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2007, $1,200,000,000,
to remain available until expended.
Fees.
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For making payments to each State for carrying out the pro-
gram of Aid to Families with Dependent Children under title IV–
A of the Social Security Act before the effective date of the program
of Temporary Assistance for 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 expendi-
tures under such title IV–A in fiscal year 1997 under this appropria-
tion and under such title IV–A as amended by the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996 shall
not exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under titles I, IV–D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July
5, 1960 (24 U.S.C. chapter 9), for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
LOW-INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $2,000,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $183,000,000, to remain available until
September 30, 2006: Provided, That these funds are for the unantici-
pated home energy assistance needs of one or more States, as
authorized by section 2604(e) of such Act, and notwithstanding
the designation requirement of section 2602(e) of such Act.
REFUGEE AND ENTRANT ASSISTANCE
For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and placement
of unaccompanied alien children authorized by title IV of the
Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980 (Public Law 96–422), for carrying
out section 462 of the Homeland Security Act of 2002 (Public
Law 107–296), and for carrying out the Torture Victims Relief
Act of 2003 (Public Law 108–179), $575,579,000, of which up to
$9,915,000 shall be available to carry out the Trafficking Victims
Protection Act of 2003 (Public Law 108–193): Provided, That funds
appropriated under this heading pursuant to section 414(a) of the
Immigration and Nationality Act and section 462 of the Homeland
Security Act of 2002 for fiscal year 2006 shall be available for
the costs of assistance provided and other activities to remain
available through September 30, 2008.
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), $2,082,910,000 shall be used to supple-
ment, not supplant State general revenue funds for child care
assistance for low-income families: Provided, That $18,967,040 shall
be available for child care resource and referral and school-aged
child care activities, of which $992,000 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,
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$270,490,624 shall be reserved by the States for activities author-
ized under section 658G, of which $99,200,000 shall be for activities
that improve the quality of infant and toddler care: Provided further,
That $9,920,000 shall be for use by the Secretary for child care
research, demonstration, and evaluation activities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry
out State programs pursuant to title XX of such Act shall be
10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSION OF FUNDS)
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 Preven-
tion and Treatment Act, sections 310 and 316 of the Family Violence
Prevention and Services Act, as amended, the Native American
Programs Act of 1974, title II of Public Law 95–266 (adoption
opportunities), the Adoption and Safe Families Act of 1997 (Public
Law 105–89), sections 1201 and 1211 of the Children’s Health
Act of 2000, the Abandoned Infants Assistance Act of 1988, sections
261 and 291 of the Help America Vote Act of 2002, part B(1)
of title IV and sections 413, 429A, 1110, and 1115 of the Social
Security Act, and sections 40155, 40211, and 40241 of Public Law
103–322; for making payments under the Community Services Block
Grant Act, sections 439(h), 473A, and 477(i) of the Social Security
Act, and title IV of Public Law 105–285, and for necessary adminis-
trative 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. chapter 9), the Omnibus Budget Reconciliation
Act of 1981, title IV of the Immigration and Nationality Act, section
501 of the Refugee Education Assistance Act of 1980, sections
40155, 40211, and 40241 of Public Law 103–322, and section 126
and titles IV and V of Public Law 100–485, $8,922,213,000, of
which $18,000,000, to remain available until September 30, 2007,
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, 2006: Provided, That $6,843,114,000 shall
be for making payments under the Head Start Act, of which
$1,388,800,000 shall become available October 1, 2006, and remain
available through September 30, 2007: Provided further, That
$701,590,000 shall be for making payments under the Community
Services Block Grant Act: Provided further, That not less than
$7,367,000 shall be for section 680(3)(B) of the Community Services
Block Grant Act: Provided further, That in addition to amounts
provided herein, $6,000,000 shall be available from amounts avail-
able under section 241 of the Public Health Service Act to carry
out the provisions of section 1110 of the Social Security Act: Pro-
vided further, That to the extent Community Services Block Grant
funds are distributed as grant funds by a State to an eligible
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entity as provided under the Act, and have not been expended
by such entity, they shall remain with such entity for carryover
into the next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Secretary shall
establish procedures regarding the disposition of intangible property
which permits grant funds, or intangible assets acquired with funds
authorized under section 680 of the Community Services Block
Grant Act, as amended, to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant for purposes and uses consistent with the original grant:
Provided further, That funds appropriated for section 680(a)(2) of
the Community Services Block Grant Act, as amended, shall be
available for financing construction and rehabilitation and loans
or investments in private business enterprises owned by community
development corporations: Provided further, That $65,000,000 is
for a compassion capital fund to provide grants to charitable
organizations to emulate model social service programs and to
encourage research on the best practices of social service organiza-
tions: Provided further, That $15,879,000 shall be for activities
authorized by the Help America Vote Act of 2002, of which
$11,000,000 shall be for payments to States to promote access
for voters with disabilities, and of which $4,879,000 shall be for
payments to States for protection and advocacy systems for voters
with disabilities: Provided further, That $110,000,000 shall be for
making competitive grants to provide abstinence education (as
defined by section 510(b)(2) of the Social Security Act) to adoles-
cents, and for Federal costs of administering the grant: Provided
further, That grants under the immediately preceding proviso shall
be made only to public and private entities which agree that,
with respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not provide
to that adolescent any other education regarding sexual conduct,
except that, in the case of an entity expressly required by law
to provide health information or services the adolescent shall not
be precluded from seeking health information or services from the
entity in a different setting than the setting in which abstinence
education was provided: Provided further, That within amounts
provided herein for abstinence education for adolescents, up to
$10,000,000 may be available for a national abstinence education
campaign: Provided further, That in addition to amounts provided
herein for abstinence education for adolescents, $4,500,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out evaluations (including longitudinal
evaluations) of adolescent pregnancy prevention approaches: Pro-
vided further, That $2,000,000 shall be for improving the Public
Assistance Reporting Information System, including grants to
States to support data collection for a study of the system’s effective-
ness.
Of the funds provided under this heading in Public Law 108–
447 to carry out section 473A of title IV of the Social Security
Act (42 U.S.C. 670–679), $22,500,000 are rescinded.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $90,000,000.
Grants.
Abstinence.
Procedures.
Grants.
42 USC 9921
note.
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PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For making payments to States or other non-Federal entities
under title IV–E of the Social Security Act, $4,852,800,000.
For making payments to States or other non-Federal entities
under title IV–E of the Act, for the first quarter of fiscal year
2007, $1,730,000,000.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under section 474 of title
IV–E, 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.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, and section 398 of
the Public Health Service Act, $1,376,624,000, of which $5,500,000
shall be available for activities regarding medication management,
screening, and education to prevent incorrect medication and
adverse drug reactions.
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, the United States-Mexico Border Health Commission
Act, and research studies under section 1110 of the Social Security
Act, $352,703,000, together with $5,851,000 to be transferred and
expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund, and $39,552,000 from the amounts
available under section 241 of the Public Health Service Act to
carry out national health or human services research and evaluation
activities: Provided, That of the funds made available under this
heading for carrying out title XX of the Public Health Service
Act, $13,120,000 shall be for activities specified under section
2003(b)(2), all of which shall be for prevention service demonstration
grants under section 510(b)(2) of title V of the Social Security
Act, as amended, without application of the limitation of section
2010(c) of said title XX: Provided further, That of this amount,
$52,415,000 shall be for minority AIDS prevention and treatment
activities; and $5,952,000 shall be to assist Afghanistan in the
development of maternal and child health clinics, consistent with
section 103(a)(4)(H) of the Afghanistan Freedom Support Act of
2002: Provided further, That specific information requests from
the chairmen and ranking members of the Subcommittees on Labor,
Health and Human Services, and Education, and Related Agencies,
on scientific research or any other matter, shall be transmitted
to the Committees on Appropriations in a prompt professional
manner and within the time frame specified in the request: Provided
further, That scientific information requested by the Committees
on Appropriations and prepared by government researchers and
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scientists shall be transmitted to the Committees on Appropriations,
uncensored and without delay.
OFFICE OF MEDICARE HEARINGS AND APPEALS
For expenses necessary for administrative law judges respon-
sible for hearing cases under title XVIII of the Social Security
Act (and related provisions of title XI of such Act), $60,000,000,
to be transferred in appropriate part from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust
Funds.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY
For expenses necessary for the Office of the National Coordi-
nator for Health Information Technology, including grants, con-
tracts and cooperative agreements for the development and advance-
ment of an interoperable national health information technology
infrastructure, $42,800,000: Provided, That in addition to amounts
provided herein, $18,900,000 shall be available from amounts avail-
able under section 241 of the Public Health Service Act to carry
out health information technology network development.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, as amended, $39,813,000: Provided, That of such amount,
necessary sums are available for providing protective services to
the Secretary and investigating non-payment of child support cases
for which non-payment is a Federal offense under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$31,682,000, together with not to exceed $3,314,000 to be trans-
ferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Sur-
vivor Benefit Plan, for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act (10 U.S.C.
chapter 55), such amounts as may be required during the current
fiscal year.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to coun-
tering potential biological, disease, nuclear, radiological and chem-
ical threats to civilian populations, and to ensure a year-round
influenza vaccine production capacity, the development and
implementation of rapidly expandable influenza vaccine production
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technologies, and if determined necessary by the Secretary, the
purchase of influenza vaccine, $63,589,000.
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 assign-
ment 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 Emer-
gency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated in this Act may
be used to implement section 399F(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health Revitaliza-
tion Act of 1993, Public Law 103–43.
SEC. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research
and Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in
excess of Executive Level I.
SEC. 205. None of the funds appropriated in this title for
Head Start shall be used to pay the compensation of an individual,
either as direct costs or any proration as an indirect cost, at a
rate in excess of Executive Level II.
SEC. 206. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the
Department of Health and Human Services, prior to the Secretary’s
preparation and submission of a report to the Committee on Appro-
priations of the Senate and of the House detailing the planned
uses of such funds.
SEC. 207. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but
not more than 2.4 percent, of any amounts appropriated for pro-
grams authorized under said Act shall be made available for the
evaluation (directly, or by grants or contracts) of the implementation
and effectiveness of such programs.
(TRANSFER OF FUNDS)
SEC. 208. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between a program, project, or
activity, but no such program, project, or activity shall be increased
by more than 3 percent by any such transfer: Provided, That a
program, project, or activity may be increased by up to an additional
2 percent subject to approval by the House and Senate Committees
on Appropriations: Provided further, That the transfer authority
granted by this section shall be available only to meet emergency
needs and shall not be used to create any new program or to
fund any project or activity for which no funds are provided in
Children and
youth.
HIV/AIDS.
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this Act: Provided further, That the Appropriations Committees
of both Houses of Congress are notified at least 15 days in advance
of any transfer.
(TRANSFER OF FUNDS)
SEC. 209. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes and centers from the
total amounts identified by these two Directors as funding for
research pertaining to the human immunodeficiency virus: Pro-
vided, That the Congress is promptly notified of the transfer.
(TRANSFER OF FUNDS)
SEC. 210. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ‘‘Office
of AIDS Research’’ account. The Director of the Office of AIDS
Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the Public Health Service Act.
SEC. 211. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision
of minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
SEC. 212. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare Advantage program if the Secretary denies participa-
tion in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the Secretary
shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate
of the expected costs of providing the service to such entity’s
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program’s coverage for such serv-
ices and a Medicare Advantage organization described in this sec-
tion shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.
SEC. 213. Notwithstanding any other provision of law, no pro-
vider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape,
or incest.
SEC. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold sub-
stance abuse funding from a State pursuant to section 1926 of
the Public Health Service Act (42 U.S.C. 300x–26) if such State
certifies to the Secretary of Health and Human Services by May
1, 2006, that the State will commit additional State funds, in
accordance with subsection (b), to ensure compliance with State
Certification.
Deadline.
Tobacco and
tobacco products.
HIV/AIDS.
Notification.
Notification.
Deadline.
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laws prohibiting the sale of tobacco products to individuals under
18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State’s substance
abuse block grant allocation for each percentage point by which
the State misses the retailer compliance rate goal established by
the Secretary of Health and Human Services under section 1926
of such Act.
(c) The State is to maintain State expenditures in fiscal year
2006 for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures
maintained by the State for fiscal year 2005, and adding to that
level the additional funds for tobacco compliance activities required
under subsection (a). The State is to submit a report to the Secretary
on all fiscal year 2005 State expenditures and all fiscal year 2006
obligations for tobacco prevention and compliance activities by pro-
gram activity by July 31, 2006.
(d) The Secretary shall exercise discretion in enforcing the
timing of the State obligation of the additional funds required
by the certification described in subsection (a) as late as July
31, 2006.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926 from
a territory that receives less than $1,000,000.
SEC. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including
HIV/AIDS and other infectious diseases, chronic and environmental
diseases, and other health activities abroad during fiscal year 2006,
the Secretary of Health and Human Services—
(1) may exercise authority equivalent to that available
to the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary
of Health and Human Services shall consult with the Secretary
of State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927) and other applicable statutes administered
by the Department of State; and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary
to pay the costs of acquisition, lease, alteration, renovation,
and management of facilities outside of the United States for
the use of the Department of Health and Human Services.
The Department of State shall cooperate fully with the Sec-
retary of Health and Human Services to ensure that the Depart-
ment of Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing loca-
tion, setback, and other facilities requirements and serve the
purposes established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with the Sec-
retary of State, through grant or cooperative agreement, to
make available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as necessary
to conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and other
Grants.
Reports.
Deadline.
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infectious diseases, chronic and environmental diseases, and
other health activities abroad.
SEC. 216. The Division of Federal Occupational Health hereafter
may utilize personal services contracting to employ professional
management/administrative and occupational health professionals.
SEC. 217. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of the National Institutes of Health may use
funds available under section 402(i) of the Public Health Service
Act (42 U.S.C. 282(i)) to enter into transactions (other than con-
tracts, cooperative agreements, or grants) to carry out research
in support of the NIH Roadmap for Medical Research.
(b) PEER REVIEW.—In entering into transactions under sub-
section (a), the Director of the National Institutes of Health may
utilize such peer review procedures (including consultation with
appropriate scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical merit.
Such procedures shall apply to such transactions in lieu of the
peer review and advisory council review procedures that would
otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service
Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and
289c).
SEC. 218. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention and the Agency for Toxic Substances and Disease Reg-
istry may be transferred to ‘‘Disease Control, Research, and
Training’’, to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual full-
time equivalent employee while such employee is employed either
by CDC or ATSDR.
SEC. 219. Notwithstanding any other provisions of law, funds
made available in this Act may be used to continue operating
the Council on Graduate Medical Education established by section
301 of Public Law 102–408.
(RESCISSION OF FUNDS)
SEC. 220. The unobligated balance in the amount of $10,000,000
appropriated by Public Law 108–11 under the heading ‘‘Public
Health and Social Services Emergency Fund’’ are rescinded.
SEC. 221. (a) The Headquarters and Emergency Operations
Center Building (Building 21) at the Centers for Disease Control
and Prevention is hereby renamed as the Arlen Specter Head-
quarters and Emergency Operations Center.
(b) The Global Communications Center Building (Building 19)
at the Centers for Disease Control and Prevention is hereby
renamed as the Thomas R. Harkin Global Communications Center.
SEC. 222. None of the funds made available under this Act
may be used to implement or enforce the interim final rule pub-
lished in the Federal Register by the Centers for Medicare &
Medicaid Services on August 26, 2005 (70 Fed. Reg. 50940) prior
to April 1, 2006.
SEC. 223. (a) For fiscal year 2006 and subject to subsection
(b), the Secretary of Health and Human Services may waive the
requirements of regulations promulgated under the Head Start
Act (42 U.S.C. 9831 et seq.), for one or more vehicles used by
a Head Start agency or an Early Head Start entity (or the designee
Federal buildings
and facilities.
42 USC 2940
note.
Applicability.
42 USC 209 note.
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of either) in transporting children enrolled in a Head Start program
or an Early Head Start program if—
(1) such requirements pertain to child restraint systems
or vehicle monitors;
(2) the agency or entity demonstrates that compliance with
such requirements will result in a significant disruption to
the Head Start program or the Early Head Start program;
and
(3) waiving such requirements is in the best interest of
the children involved.
(b) The Secretary of Health and Human Services may not
issue any waiver under subsection (a) after September 30, 2006,
or the date of the enactment of a statute that authorizes appropria-
tions for fiscal year 2006 to carry out the Head Start Act, whichever
date is earlier.
SEC. 224. Section 1310.12(a) of title 45 of the Code of Federal
Regulations (October 1, 2004) shall not be effective until June
30, 2006, or 60 days after the date of the enactment of a statute
that authorizes appropriations for fiscal year 2006 to carry out
the Head Start Act, whichever date is earlier.
(RESCISSION)
SEC. 225. The unobligated balance of the Health Professions
Student Loan program authorized in Subpart II, Federally-Sup-
ported Student Loan Funds, of title VII of the Public Health Service
Act is rescinded.
(RESCISSION)
SEC. 226. The unobligated balance of the Nursing Student
Loan program authorized by section 835 of the Public Health Service
Act is rescinded.
SEC. 227. In addition to any other amounts available for such
travel, and notwithstanding any other provision of law, amounts
available from this or any other appropriation for the purchase,
hire, maintenance, or operation of aircraft by the Centers for Dis-
ease Control and Prevention shall be available for travel by the
Secretary of Health and Human Services, the Director of the Cen-
ters for Disease Control and Prevention, and employees of the
Department of Health and Human Services accompanying the Sec-
retary or the Director during such travel.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2006’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Edu-
cation Act of 1965, $14,627,435,000, of which $7,073,126,000 shall
become available on July 1, 2006, and shall remain available
through September 30, 2007, and of which $7,383,301,000 shall
become available on October 1, 2006, and shall remain available
through September 30, 2007, for academic year 2006–2007: Pro-
vided, That $6,934,854,000 shall be for basic grants under section
1124: Provided further, That up to $3,472,000 of these funds shall
Department of
Education
Appropriations
Act, 2006.
Effective date.
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be available to the Secretary of Education on October 1, 2005,
to obtain annually updated educational-agency-level census poverty
data from the Bureau of the Census: Provided further, That
$1,365,031,000 shall be for concentration grants under section
1124A: Provided further, That $2,269,843,000 shall be for targeted
grants under section 1125: Provided further, That $2,269,843,000
shall be for education finance incentive grants under section 1125A:
Provided further, That $9,424,000 shall be to carry out part E
of title I: Provided further, That $8,000,000 shall be available for
section 1608 of the ESEA, of which $1,465,000 shall be available
for a continuation award for the comprehensive school reform
clearinghouse previously funded under the heading ‘‘Innovation and
Improvement’’ in title III of division F of Public Law 108–447.
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, $1,240,862,000, of which
$1,102,896,000 shall be for basic support payments under section
8003(b), $49,966,000 shall be for payments for children with disabil-
ities under section 8003(d), $18,000,000 shall be for construction
under section 8007(a), $65,000,000 shall be for Federal property
payments under section 8002, and $5,000,000, to remain available
until expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of
a payment for an eligible local educational agency under section
8003(a) of the Elementary and Secondary Education Act (20 U.S.C.
7703(a)) for school year 2005–2006, children enrolled in a school
of such agency that would otherwise be eligible for payment under
section 8003(a)(1)(B) of such Act, but due to the deployment of
both parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long
as such children reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change
in eligibility status.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
title II, part B of title IV, part A and subparts 6 and 9 of part
D of title V, parts A and B of title VI, and parts B and C of
title VII of the Elementary and Secondary Education Act of 1965
(‘‘ESEA’’); the McKinney-Vento Homeless Assistance Act; section
203 of the Educational Technical Assistance Act of 2002; the Com-
pact of Free Association Amendments Act of 2003; and the Civil
Rights Act of 1964, $5,308,564,000, of which $3,676,482,000 shall
become available on July 1, 2006, and remain available through
September 30, 2007, and of which $1,435,000,000 shall become
available on October 1, 2006, and shall remain available through
September 30, 2007, for academic year 2006–2007: Provided, That
funds made available to carry out part B of title VII of the ESEA
may be used for construction, renovation and modernization of
any elementary school, secondary school, or structure related to
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an elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a predominantly
Native Hawaiian student body: Provided further, That from the
funds referred to in the preceding proviso, not less than $1,250,000
shall be for a grant to the Department of Education of the State
of Hawaii for the activities described in such proviso, and $1,250,000
shall be for a grant to the University of Hawaii School of Law
for a Center of Excellence in Native Hawaiian law: Provided further,
That funds made available to carry out part C of title VII of
the ESEA may be used for construction: Provided further, That
up to 100 percent of the funds available to a State educational
agency under part D of title II of the ESEA may be used for
subgrants described in section 2412(a)(2)(B) of such Act: Provided
further, That $411,680,000 shall be for State assessments and
related activities authorized under sections 6111 and 6112 of the
ESEA: Provided further, That $56,825,000 shall be available to
carry out section 203 of the Educational Technical Assistance Act
of 2002: Provided further, That $31,693,000 shall be available to
carry out part D of title V of the ESEA: Provided further, That
no funds appropriated under this heading may be used to carry
out section 5494 under the ESEA: Provided further, That
$12,132,000 shall be available to carry out the Supplemental Edu-
cation Grants program for the Federated States of Micronesia,
and $6,051,000 shall be available to carry out the Supplemental
Education Grants program for the Republic of the Marshall Islands:
Provided further, That up to 5 percent of these amounts may
be reserved by the Federated States of Micronesia and the Republic
of the Marshall Islands to administer the Supplemental Education
Grants programs and to obtain technical assistance, oversight and
consultancy services in the administration of these grants and
to reimburse the United States Departments of Labor, Health and
Human Services, and Education for such services.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Edu-
cation Act of 1965, $119,889,000.
INNOVATION AND IMPROVEMENT
For carrying out activities authorized by parts G and H 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’’), $945,947,000, of which
$95,000,000 shall become available on July 1, 2006, and remain
available until September 30, 2007: Provided, That $16,864,000
shall be available to carry out section 2151(c) of the ESEA, of
which not less than $9,920,000 shall be provided to the National
Board for Professional Teaching Standards, and not less than
$6,944,000 shall be provided to the American Board for the Certifi-
cation of Teacher Excellence: Provided further, That from funds
for subpart 4, part C of title II, up to 3 percent shall be available
to the Secretary for technical assistance and dissemination of
information: Provided further, That $36,981,000 shall be for subpart
2 of part B of title V: Provided further, That $260,111,000 shall
be available to carry out part D of title V of the ESEA, of which
$100,000,000 of the funds for subpart 1 shall be for competitive
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grants to local educational agencies, including charter schools that
are local educational agencies, or States, or partnerships of: (1)
a local educational agency, a State, or both; and (2) at least one
non-profit organization to develop and implement performance-
based teacher and principal compensation systems in high-need
schools: Provided further, That such performance-based compensa-
tion systems must consider gains in student academic achievement
as well as classroom evaluations conducted multiple times during
each school year among other factors and provide educators with
incentives to take on additional responsibilities and leadership roles:
Provided further, That five percent of such funds for competitive
grants shall become available on October 1, 2005, for technical
assistance, training, peer review of applications, program outreach
and evaluation activities and that 95 percent shall become available
on July 1, 2006, and remain available through September 30, 2007,
for competitive grants.
SAFE SCHOOLS AND CITIZENSHIP EDUCATION
For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3, and 10 of
part D of title V of the Elementary and Secondary Education
Act of 1965 (‘‘ESEA’’), $736,886,000, of which $350,000,000 shall
become available on July 1, 2006, and remain available through
September 30, 2007: Provided, That of the amount available for
subpart 2 of part A of title IV of the ESEA, $850,000 shall be
used to continue the National Recognition Awards program under
the same guidelines outlined by section 120(f) of Public Law 105–
244: Provided further, That $350,000,000 shall be available for
subpart 1 of part A of title IV and $224,580,000 shall be available
for subpart 2 of part A of title IV, of which not less than $1,449,000,
to remain available until expended, shall be for the Project School
Emergency Response to Violence program to provide education-
related services to local educational agencies in which the learning
environment has been disrupted due to a violent or traumatic
crisis: Provided further, That $132,901,000 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 $12,194,000 may be used to carry out section 2345 and
$3,025,000 shall be used by the Center for Civic Education to
implement a comprehensive program to improve public knowledge,
understanding, and support of the Congress and the State legisla-
tures.
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA, $675,765,000,
which shall become available on July 1, 2006, and shall remain
available through September 30, 2007, except that 6.5 percent
of such amount shall be available on October 1, 2005, and shall
remain available through September 30, 2007, to carry out activities
under section 3111(c)(1)(C).
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities Education
Act, $11,770,607,000, of which $6,141,604,000 shall become avail-
able on July 1, 2006, and shall remain available through September
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PUBLIC LAW 109–149—DEC. 30, 2005
30, 2007, and of which $5,424,200,000 shall become available on
October 1, 2006, and shall remain available through September
30, 2007, for academic year 2006–2007: Provided, That $12,000,000
shall be for Recording for the Blind and Dyslexic, Inc., to support
the development, production, and circulation of recorded educational
materials: Provided further, That $1,500,000 shall be for the
recipient of funds provided by Public Law 105–78 under section
687(b)(2)(G) of the Act (as in effect prior to the enactment of
the Individuals with Disabilities Education Improvement Act of
2004) to provide information on diagnosis, intervention, and
teaching strategies for children with disabilities: Provided further,
That the amount for section 611(b)(2) of the Act shall be equal
to the amount available for that activity during fiscal year 2005,
increased by the amount of inflation as specified in section
619(d)(2)(B) of the Act.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998
(‘‘the AT Act’’), and the Helen Keller National Center Act,
$3,129,638,000, of which $1,000,000 shall be awarded to the Amer-
ican Academy of Orthotists and Prosthetists for activities that fur-
ther the purposes of the grant received by the Academy for the
period beginning October 1, 2003, including activities to meet the
demand for orthotic and prosthetic provider services and improve
patient care: Provided, That $30,760,000 shall be used for carrying
out the AT Act, including $4,385,000 for State grants for protection
and advocacy under section 5 of the AT Act and $3,760,000 shall
be for alternative financing programs under section 4(b)(2)(D) of
the AT Act: Provided further, That the Federal share of grants
for alternative financing programs shall not exceed 75 percent,
and the requirements in section 301(c)(2) and section 302 of the
AT Act (as in effect on the day before the date of enactment
of the Assistive Technology Act of 2004) shall not apply to such
grants.
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $17,750,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986 (20 U.S.C.
4301 et seq.), $56,708,000, of which $800,000 shall be for construc-
tion and shall remain available until expended: Provided, That
from the total amount available, the Institute may at its discretion
use funds for the endowment program as authorized under section
207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
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Act of 1986 (20 U.S.C. 4301 et seq.), $108,079,000: Provided, That
from the total amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Technical Education Act of 1998,
the Adult Education and Family Literacy Act, title VIII–D of the
Higher Education Amendments of 1998, and subpart 4 of part
D of title V of the Elementary and Secondary Education Act of
1965 (‘‘ESEA’’), $2,012,282,000, of which $1,216,558,000 shall
become available on July 1, 2006, and shall remain available
through September 30, 2007, and of which $791,000,000 shall
become available on October 1, 2006, and shall remain available
through September 30, 2007: Provided, That of the amount provided
for Adult Education State Grants, $68,582,000 shall be made avail-
able for integrated English literacy and civics education services
to immigrants and other limited English proficient populations:
Provided further, That of the amount reserved for integrated
English literacy and civics education, notwithstanding section 211
of the Adult Education and Family Literacy Act, 65 percent shall
be allocated to States based on a State’s absolute need as deter-
mined by calculating each State’s share of a 10-year average of
the Immigration and Naturalization Service data for immigrants
admitted for legal permanent residence for the 10 most recent
years, and 35 percent allocated to States that experienced growth
as measured by the average of the 3 most recent years for which
Immigration and Naturalization Service data for immigrants
admitted for legal permanent residence are available, except that
no State shall be allocated an amount less than $60,000: Provided
further, That of the amounts made available for the Adult Education
and Family Literacy Act, $9,096,000 shall be for national leadership
activities under section 243 and $6,638,000 shall be for the National
Institute for Literacy under section 242: Provided further, That
$94,476,000 shall be available to support the activities authorized
under subpart 4 of part D of title V of the Elementary and Sec-
ondary Education Act of 1965, of which up to 5 percent shall
become available October 1, 2005, and shall remain available
through September 30, 2007, for evaluation, technical assistance,
school networks, peer review of applications, and program outreach
activities, and of which not less than 95 percent shall become
available on July 1, 2006, and remain available through September
30, 2007, for grants to local educational agencies: Provided further,
That funds made available to local educational agencies under
this subpart shall be used only for activities related to establishing
smaller learning communities within large high schools or small
high schools that provide alternatives for students enrolled in large
high schools: Provided further, That $23,000,000 shall be for Youth
Offender Grants.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965, as amended,
$15,077,752,000, which shall remain available through September
30, 2007.
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The maximum Pell Grant for which a student shall be eligible
during award year 2006–2007 shall be $4,050.
STUDENT AID ADMINISTRATION
For Federal administrative expenses (in addition to funds made
available under section 458), to carry out part D of title I, and
subparts 1, 3, and 4 of part A, and parts B, C, D, and E of
title IV of the Higher Education Act of 1965, as amended,
$120,000,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, titles
II, III, IV, V, VI, and VII of the Higher Education Act of 1965
(‘‘HEA’’), as amended, section 1543 of the Higher Education Amend-
ments of 1992, the Mutual Educational and Cultural Exchange
Act of 1961, title VIII of the Higher Education Amendments of
1998, and section 117 of the Carl D. Perkins Vocational and Tech-
nical Education Act, $1,970,760,000: Provided, That $9,797,000,
to remain available through September 30, 2007, shall be available
to fund fellowships for academic year 2007–2008 under part A,
subpart 1 of title VII of said Act, under the terms and conditions
of part A, subpart 1: Provided further, That notwithstanding any
other provision of law or any regulation, the Secretary of Education
shall not require the use of a restricted indirect cost rate for
grants issued pursuant to section 117 of the Carl D. Perkins Voca-
tional and Technical Education Act of 1998: Provided further, That
$980,000 is for data collection and evaluation activities for programs
under the HEA, including such activities needed to comply with
the Government Performance and Results Act of 1993: Provided
further, That notwithstanding any other provision of law, funds
made available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural Exchange
Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital
to United States national security and who plan to apply their
language skills and knowledge of these countries in the fields of
government, the professions, or international development: Provided
further, That of the funds referred to in the preceding proviso
up to 1 percent may be used for program evaluation, national
outreach, and information dissemination activities: Provided fur-
ther, That the funds provided for title II of the HEA shall be
allocated notwithstanding section 210 of such Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et
seq.), $239,790,000, of which not less than $3,562,000 shall be
for a matching endowment grant pursuant to the Howard University
Endowment Act (Public Law 98–480) and shall remain available
until expended.
20 USC 1070a
note.
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COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of the
Higher Education Act of 1965, as amended $573,000.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT
The aggregate principal amount of outstanding bonds insured
pursuant to section 344 of title III, part D of the Higher Education
Act of 1965, shall not exceed $357,000,000, and the cost, as defined
in section 502 of the Congressional Budget Act of 1974, of such
bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into
pursuant to title III, part D of the Higher Education Act of 1965,
as amended, $210,000.
INSTITUTE OF EDUCATION SCIENCES
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, as amended, the National Assessment of Edu-
cational Progress Authorization Act, section 208 of the Educational
Technical Assistance Act of 2002, and section 664 of the Individuals
with 
Disabilities 
Education 
Act, 
$522,695,000, 
of 
which
$271,560,000 shall be available until September 30, 2007: Provided,
That of the amount provided to carry out title I, parts B and
D of Public Law 107–279, not less than $25,257,000 shall be for
the national research and development centers authorized under
section 133(c).
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of con-
ference rooms in the District of Columbia and hire of three pas-
senger motor vehicles, $415,303,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as author-
ized by section 203 of the Department of Education Organization
Act, $91,526,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $49,000,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
School busing.
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of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the Depart-
ment of Education in this Act may be transferred between appro-
priations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropria-
tions Committees of both Houses of Congress are notified at least
15 days in advance of any transfer.
SEC. 305. For an additional amount to carry out subpart 1
of part A of title IV of the Higher Education Act of 1965 for
the purpose of eliminating the estimated accumulated shortfall
of budget authority for such subpart, $4,300,000,000, pursuant to
section 303 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
SEC. 306. Subpart 12 of part D of title V of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7265 et seq.)
is amended—
(1) in section 5522(b) (20 U.S.C. 7265a(b)), by adding at
the end the following:
‘‘(4) To authorize and develop cultural and educational
programs relating to any Federally recognized Indian tribe
in Mississippi.’’;
(2) in section 5523 (20 U.S.C. 7265b)—
(A) in subsection (a)—
(i) by redesignating paragraphs (6) through (8)
as paragraphs (7) through (9), respectively; and
(ii) by inserting after paragraph (5) the following:
‘‘(6) The Mississippi Band of Choctaw Indians in Choctaw,
Mississippi.’’; and
(B) in subsection (b), by adding at the end the following:
‘‘(7) Cultural and educational programs relating to any
Federally recognized Indian tribe in Mississippi.’’; and
(3) in section 5525(1) (20 U.S.C. 7265d(1))—
(A) in subparagraph (a), by striking ‘‘and’’ after the
semicolon;
(B) in subparagraph (B), by striking the period and
inserting ‘‘; and’’; and
Notification.
Deadline.
Voluntary
prayer.
Meditation.
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(C) by adding at the end the following:
‘‘(C) the Mississippi Band of Choctaw Indians in
Choctaw, Mississippi.’’.
This title may be cited as the ‘‘Department of Education Appro-
priations Act, 2006’’.
TITLE IV—RELATED AGENCIES
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
SALARIES AND EXPENSES
For expenses necessary of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public
Law 92–28, $4,669,000.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $316,212,000: Provided,
That none of the funds made available to the Corporation for
National and Community Service in this Act for activities author-
ized by section 122 of part C of title I and part E of title II
of the Domestic Volunteer Service Act of 1973 shall be used to
provide stipends or other monetary incentives to volunteers or
volunteer leaders whose incomes exceed 125 percent of the national
poverty level.
NATIONAL AND COMMUNITY SERVICE PROGRAMS, OPERATING
EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service (the ‘‘Corporation’’) in carrying out programs,
activities, and initiatives under the National and Community
Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12501 et seq.),
$520,087,000, to remain available until September 30, 2007: Pro-
vided, That not more than $267,500,000 of the amount provided
under this heading shall be available for grants under the National
Service Trust Program authorized under subtitle C of title I of
the Act (42 U.S.C. 12571 et seq.) (relating to activities of the
AmeriCorps program), including grants to organizations operating
projects under the AmeriCorps Education Awards Program (without
regard to the requirements of sections 121(d) and (e), section 131(e),
section 132, and sections 140(a), (d), and (e) of the Act: Provided
further, That not less than $140,000,000 of the amount provided
under this heading, to remain available without fiscal year limita-
tion, shall be transferred to the National Service Trust for edu-
cational awards authorized under subtitle D of title I of the Act
(42 U.S.C. 12601), of which up to $4,000,000 shall be available
to support national service scholarships for high school students
performing community service, and of which $7,000,000 shall be
held in reserve as defined in Public Law 108–45: Provided further,
That in addition to amounts otherwise provided to the National
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Service Trust under the second proviso, the Corporation may
transfer funds from the amount provided under the first proviso,
to the National Service Trust authorized under subtitle D of title
I of the Act (42 U.S.C. 12601) upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to Congress: Provided further, That
of the amount provided under this heading for grants under the
National Service Trust program authorized under subtitle C of
title I of the Act, not more than $55,000,000 may be used to
administer, reimburse, or support any national service program
authorized under section 121(d)(2) of such Act (42 U.S.C.
12581(d)(2)): Provided further, That not more than $16,445,000
shall be available for quality and innovation activities authorized
under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.):
Provided further, That notwithstanding subtitle H of title I of
the Act (42 U.S.C. 12853), none of the funds provided under the
previous proviso shall be used to support salaries and related
expenses (including travel) attributable to Corporation employees:
Provided further, That to the maximum extent feasible, funds appro-
priated under subtitle C of title I of the Act shall be provided
in a manner that is consistent with the recommendations of peer
review panels in order to ensure that priority is given to programs
that demonstrate quality, innovation, replicability, and sustain-
ability: Provided further, That $27,000,000 of the funds made avail-
able under this heading shall be available for the Civilian Commu-
nity Corps authorized under subtitle E of title I of the Act (42
U.S.C. 12611 et seq.): Provided further, That $37,500,000 shall
be available for school-based and community-based service-learning
programs authorized under subtitle B of title I of the Act (42
U.S.C. 12521 et seq.): Provided further, That $4,000,000 shall be
available for audits and other evaluations authorized under section
179 of the Act (42 U.S.C. 12639): Provided further, That $10,000,000
of the funds made available under this heading shall be made
available for the Points of Light Foundation for activities authorized
under title III of the Act (42 U.S.C. 12661 et seq.), of which not
more than $2,500,000 may be used to support an endowment fund,
the corpus of which shall remain intact and the interest income
from which shall be used to support activities described in title
III of the Act, provided that the Foundation may invest the corpus
and income in federally insured bank savings accounts or com-
parable interest bearing accounts, certificates of deposit, money
market funds, mutual funds, obligations of the United States, and
other market instruments and securities but not in real estate
investments: Provided further, That no funds shall be available
for national service programs run by Federal agencies authorized
under section 121(b) of such Act (42 U.S.C. 12571(b)): Provided
further, That $5,000,000 of the funds made available under this
heading shall be made available to America’s Promise—The Alliance
for Youth, Inc.: Provided further, That to the maximum extent
practicable, the Corporation shall increase significantly the level
of matching funds and in-kind contributions provided by the private
sector, and shall reduce the total Federal costs per participant
in all programs: Provided further, That notwithstanding section
501(a)(4) of the Act, of the funds provided under this heading,
not more than $12,642,000 shall be made available to provide
assistance to state commissions on national and community service
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under section 126(a) of the Act: Provided further, That the Corpora-
tion may use up to 1 percent of program grant funds made available
under this heading to defray its costs of conducting grant application
reviews, including the use of outside peer reviewers.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act of
1990 (42 U.S.C. 12501 et seq.) and under section 504(a) of the
Domestic Volunteer Service Act of 1973, including payment of sala-
ries, authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109, and
not to exceed $2,500 for official reception and representation
expenses, $66,750,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$6,000,000, to remain available until September 30, 2007.
ADMINISTRATIVE PROVISIONS
Notwithstanding any other provision of law, the term ‘‘qualified
student loan’’ with respect to national service education awards
shall mean any loan determined by an institution of higher edu-
cation to be necessary to cover a student’s cost of attendance at
such institution and made, insured, or guaranteed directly to a
student by a State agency, in addition to other meanings under
section 148(b)(7) of the National and Community Service Act.
Notwithstanding any other provision of law, funds made avail-
able under section 129(d)(5)(B) of the National and Community
Service Act to assist entities in placing applicants who are individ-
uals with disabilities may be provided to any entity that receives
a grant under section 121 of the Act.
The Inspector General of the Corporation for National and
Community Service shall conduct random audits of the grantees
that administer activities under the AmeriCorps programs and
shall levy sanctions in accordance with standard Inspector General
audit resolution procedures which include, but are not limited to,
debarment of any grantee (or successor in interest or any entity
with substantially the same person or persons in control) that
has been determined to have committed any substantial violations
of the requirements of the AmeriCorps programs, including any
grantee that has been determined to have violated the prohibition
of using Federal funds to lobby the Congress: Provided, That the
Inspector General shall obtain reimbursements in the amount of
any misused funds from any grantee that has been determined
to have committed any substantial violations of the requirements
of the AmeriCorps programs.
For fiscal year 2006, the Corporation shall make any significant
changes to program requirements or policy only through public
notice and comment rulemaking. For fiscal year 2006, during any
grant selection process, no officer or employee of the Corporation
shall knowingly disclose any covered grant selection information
regarding such selection, directly or indirectly, to any person other
Public notice and
comments.
Audits.
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than an officer or employee of the Corporation that is authorized
by the Corporation to receive such information.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act, for the
fiscal year 2008, $400,000,000: Provided, That no funds made avail-
able to the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms of entertain-
ment for Government officials or employees: Provided further, That
none of the funds contained in this paragraph shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That for fiscal year 2006, in addition to
the amounts provided above, $30,000,000 shall be for costs related
to digital program production, development, and distribution, associ-
ated with the transition of public broadcasting to digital broad-
casting, to be awarded as determined by the Corporation in con-
sultation with public radio and television licensees or permittees,
or their designated representatives: Provided further, That for fiscal
year 2006, in addition to the amounts provided above, $35,000,000
shall be for the costs associated with replacement and upgrade
of the public television interconnection system: Provided further,
That none of the funds made available to the Corporation for
Public Broadcasting by this Act, Public Law 108–199 or Public
Law 108–7, shall be used to support the Television Future Fund
or any similar purpose.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Concilia-
tion Service to carry out the functions vested in it by the Labor
Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183),
including hire of passenger motor vehicles; for expenses necessary
for the Labor-Management Cooperation Act of 1978 (29 U.S.C.
175a); and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act, Public
Law 95–454 (5 U.S.C. chapter 71), $43,031,000, including $400,000,
to remain available through September 30, 2007, for activities
authorized by the Labor-Management Cooperation Act of 1978 (29
U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance, including
those provided to foreign governments and international organiza-
tions, and for arbitration services shall be credited to and merged
with this account, and shall remain available until expended: Pro-
vided further, That fees for arbitration services shall be available
only for education, training, and professional development of the
agency workforce: Provided further, That the Director of the Service
is authorized to accept and use on behalf of the United States
gifts of services and real, personal, or other property in the aid
of any projects or functions within the Director’s jurisdiction.
Discrimination.
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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.), $7,809,000.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out the Museum and Library Services Act of
1996, $249,640,000, to remain available until expended.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the Social
Security Act, $10,168,000, to be transferred to this appropriation
from the Federal Hospital Insurance and the Federal Supple-
mentary 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), $993,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973, as
amended, $3,144,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, as amended (29 U.S.C. 141–167), and other
laws, $252,268,000: Provided, That no part of this appropriation
shall be available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings, 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 Rela-
tions Act, 1947, as amended, and as defined in section 3(f) of
the Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming purposes.
Agricultural
laborers.
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NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Rail-
way Labor Act, as amended (45 U.S.C. 151–188), including emer-
gency boards appointed by the President, $11,628,000.
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), $10,510,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, author-
ized under section 15(d) of the Railroad Retirement Act of 1974,
$97,000,000, which shall include amounts becoming available in
fiscal year 2006 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds $97,000,000: Provided, That the total amount pro-
vided herein shall be credited in 12 approximately equal amounts
on the first day of each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain avail-
able through September 30, 2007, 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, $102,543,000, to be derived in such
amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than
$7,196,000, to be derived from the railroad retirement accounts
and railroad unemployment insurance account: Provided, That none
of the funds made available in any other paragraph of this Act
may be transferred to the Office; used to carry out any such transfer;
used to provide any office space, equipment, office supplies, commu-
nications facilities or services, maintenance services, or administra-
tive services for the Office; used to pay any salary, benefit, or
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award for any personnel of the Office; used to pay any other
operating expense of the Office; or used to reimburse the Office
for any service provided, or expense incurred, by the Office.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$20,470,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Secu-
rity Act, $29,369,174,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security 
Act 
for 
the 
first 
quarter 
of 
fiscal 
year 
2007,
$11,110,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $15,000 for official reception
and representation expenses, not more than $9,079,400,000 may
be expended, as authorized by section 201(g)(1) of the Social Secu-
rity Act, from any one or all of the trust funds referred to therein:
Provided, That not less than $2,000,000 shall be for the Social
Security Advisory Board: Provided further, That unobligated bal-
ances of funds provided under this paragraph at the end of fiscal
year 2006 not needed for fiscal year 2006 shall remain available
until expended to invest in the Social Security Administration
information technology and telecommunications hardware and soft-
ware infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further,
That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to section 7131 of title 5, United States
Code, and for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
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In addition, $119,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursu-
ant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such section
1616(d) or 212(b)(3) in fiscal year 2006 exceed $119,000,000, the
amounts shall be available in fiscal year 2007 only to the extent
provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act
(Public Law 108–203), which shall remain available until expended.
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, $26,000,000, together with not to exceed
$66,400,000, to be transferred and expended as authorized by sec-
tion 201(g)(1) of the Social Security Act from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limita-
tion on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House and Senate.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Serv-
ices, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appro-
priations provided in this Act: Provided, That such transferred
balances are used for the same purpose, and for the same periods
of time, for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to sup-
port or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before
the Congress or any State legislature.
SEC. 504. The Secretaries of Labor and Education are author-
ized to make available not to exceed $28,000 and $20,000, respec-
tively, from funds available for salaries and expenses under titles
Lobbying.
Notice.
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I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds avail-
able for ‘‘Salaries and expenses, Federal Mediation and Conciliation
Service’’; and the Chairman of the National Mediation Board is
authorized to make available for official reception and representa-
tion 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 syringes for the hypo-
dermic injection of any illegal drug.
SEC. 506. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipi-
ents of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 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 benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 508. (a) The limitations established in the preceding sec-
tion shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a life-
endangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
Abortion.
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or local government, if such agency, program, or government sub-
jects any institutional or individual health care entity to discrimina-
tion on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
a provider-sponsored organization, a health maintenance organiza-
tion, a health insurance plan, or any other kind of health care
facility, organization, or plan.
SEC. 509. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.204(b) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established by section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advan-
tage.
SEC. 511. 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. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such require-
ment was applicable to such entity.
SEC. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priation Act.
Contracts.
Health identifier.
Drugs and drug
abuse.
Human embryos.
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SEC. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act (20 U.S.C. 9134(f)), as amended by the Children’s
Internet Protections Act, unless such library has made the certifi-
cations required by paragraph (4) of such section.
SEC. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act (20 U.S.C. 6777(a)), as amended by the Children’s
Internet Protections Act and the No Child Left Behind Act, unless
the local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2) of
such section.
SEC. 516. 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. 517. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 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;
unless the Appropriations Committees of both Houses of Congress
are notified 15 days in advance of such reprogramming or of an
announcement of intent relating to such reprogramming, whichever
occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 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 in excess of $500,000
or 10 percent, whichever is less, that—
(1) 
augments 
existing 
programs, 
projects 
(including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
Notifications.
Deadlines.
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unless the Appropriations Committees of both Houses of Congress
are notified 15 days in advance of such reprogramming or of an
announcement of intent relating to such reprogramming, whichever
occurs earlier.
SEC. 518. (a) Section 316 of the Immigration and Nationality
Act (8 U.S.C. 1427), is amended by adding at the end the following:
‘‘(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 approved petition
for classification under section 204(a)(1)(E);
‘‘(B) the applicant has been approved for adjustment of
status under section 245(a); and
‘‘(C) such reduction is necessary for the applicant to rep-
resent the United States at an international event.
‘‘(2) The Secretary of Homeland Security shall adjudicate an
application for naturalization under this section not later than
30 days after the submission of such application if the applicant—
‘‘(A) requests such expedited adjudication in order to rep-
resent the United States at an international event; and
‘‘(B) demonstrates that such expedited adjudication is
related to such representation.
‘‘(3) An applicant is ineligible for expedited adjudication under
paragraph (2) if the Secretary of Homeland Security determines
that such expedited adjudication poses a risk to national security.
Such a determination by the Secretary shall not be subject to
review.
‘‘(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 described in this sub-
section to offset the additional costs incurred to expedite the proc-
essing of applications under this subsection.
‘‘(B) The fee collected under subparagraph (A) shall be deposited
as offsetting collections in the Immigration Examinations Fee
Account.’’.
(b) The amendment made by subsection (a) is repealed on
January 1, 2006.
SEC. 519. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment 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 political 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 deliberately false
or misleading.
SEC. 520. The $3,170,927,000 made available under this Act
under the heading Program Management under the heading Cen-
ters for Medicare and Medicaid Services shall be reduced by
$60,000,000: Provided, That none of the reduction shall be taken
from research, demonstration, and evaluation activities or from
State survey and certification activities: Provided further, That
notwithstanding the amounts specified under such heading for the
Centers for Medicare and Medicaid Services System Revitalization
Plan and for contract costs for the Healthcare Integrated General
Ledger Accounting System, such amounts may be reduced by the
Secretary.
Repeal.
8 USC 1427
and note.
Fees.
Deadline.
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LEGISLATIVE HISTORY—H.R. 3010:
HOUSE REPORTS: Nos. 109–143 (Comm. on Appropriations) and 109–300 and
109–337 (both from Comm. of Conference).
SENATE REPORTS: No. 109–103 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 23, 24, considered and passed House.
Oct. 21, 24–27, considered and passed Senate, amended.
Nov. 17, House rejected conference report.
Dec. 14, House agreed to conference report.
Dec. 15, 21, Senate considered and agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Dec. 30, Presidential statement.
This Act may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appro-
priations Act, 2006’’.
Approved December 30, 2005.
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