Text: H.R.3010 — 109th Congress (2005-2006)All Bill Information (Except Text)

Text available as:

Shown Here:
Public Law No: 109-149 (12/30/2005)

 
[109th Congress Public Law 149]
[From the U.S. Government Printing Office]


[DOCID: f:publ149.109]

[[Page 119 STAT. 2833]]

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. <<NOTE: Dec. 30, 
                         2005 -  [H.R. 3010]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2006.>> 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 <<NOTE: Department of Labor Appropriations Act, 
2006.>> 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 Investment 
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 notwithstanding 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

[[Page 119 STAT. 2834]]

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, notwithstanding 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 participants receiving related assistance services or 
discouraging grantees from providing such services: Provided further, 
That notwithstanding the transfer limitation under section 133(b)(4) of 
such Act, up to 30 percent of such funds may be transferred by a local 
board if approved by the Governor: Provided further, That funds provided 
to carry out section 171(d) of the Workforce Investment 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 appropriation shall be used to provide meal 
services at or for Job Corps centers.
    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real 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 acquisition 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

[[Page 119 STAT. 2835]]

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 redesignation 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 payments 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 Unemployment Trust Fund including the cost of 
administering section 51 of the Internal Revenue Code of 1986, as 
amended, section 7(d) of the Wagner-Peyser Act, as amended, the Trade 
Act of 1974, as amended, the Immigration Act of 1990, and the 
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 
available in the allocation for necessary administrative expenses for 
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by 
the States through December 31, 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 obligation 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)

[[Page 119 STAT. 2836]]

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 Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' 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 programs, 
$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 Supplemental 
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.

[[Page 119 STAT. 2837]]

                  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 
obligations for administrative expenses in excess of $296,978,000: 
Provided 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

[[Page 119 STAT. 2838]]

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 
Secretary 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 medical 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

[[Page 119 STAT. 2839]]

account number) as may be prescribed: Provided 
further, <<NOTE: Deadline.>> 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 administration 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 responsibilities 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 <<NOTE: 26 USC 9501 note.>> and thereafter, such 
sums as may be necessary from the Black Lung Disability Trust Fund, to 
remain available 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 payments into miscellaneous receipts for the expenses of 
the Department of the Treasury.

              Occupational Safety and Health Administration


                          salaries and expenses


    For necessary expenses for the Occupational Safety and Health 
Administration, $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; <<NOTE: 29 
USC 670 note.>> 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 Secretary of Labor is 
authorized, during the fiscal year ending September 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,

[[Page 119 STAT. 2840]]

to administer national and international laboratory recognition programs 
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 violations 
        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 respirators for occupational exposure to 
tuberculosis.

[[Page 119 STAT. 2841]]

                  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; <<NOTE: 30 USC 962.>> the 
Secretary is authorized to accept lands, buildings, equipment, and other 
contributions from public and private 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 programs 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 
reimbursement, 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.

[[Page 119 STAT. 2842]]

                         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 September 30, 2007, is for Frances Perkins 
Building Security Enhancements, 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 
Department's Chief Information Officer in accordance with the 
Department's capital investment management process to assure a sound 
investment strategy; together with not to exceed $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 Employment 
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 infrastructure 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. <<NOTE: Deadline. Establishment. 29 USC 2883a.>> 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

[[Page 119 STAT. 2843]]

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.). <<NOTE: Appointment.>> 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 contracting 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 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 
this <<NOTE: Notification. Deadline.>> 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. <<NOTE: Child labor.>> 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 Department of Labor to 
conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 106. <<NOTE: New York.>> For purposes of chapter 8 of division 
B of the Department 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. <<NOTE: Budget.>> 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 Education in its 
fiscal year 2006 congressional budget justifications.

    Sec. 108. <<NOTE: Deadline.>> 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

[[Page 119 STAT. 2844]]

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 Appropriations 
Act, 2006''.

  TITLE II--DEPARTMENT <<NOTE: Department of Health and Human Services 
Appropriations Act, 2006.>> 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 initiative Rural Health, Education, and Workforce 
Infrastructure Demonstration Program which shall solicit and fund 
proposals from local governments, hospitals, universities, and rural 
public health-related entities and organizations for research 
development, educational 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 
sufficient 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: Provided 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

[[Page 119 STAT. 2845]]

expended for abortions, that all pregnancy counseling shall be 
nondirective, 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 Programs 
authorized by section 2616 of the Public Health Service Act: Provided 
further, That in addition to amounts provided herein, $25,000,000 shall 
be available from amounts available under section 241 of the Public 
Health Service Act to carry out Parts A, B, C, and D of title XXVI of 
the Public Health Service Act to fund section 2691 Special Projects of 
National Significance: Provided further, That, notwithstanding section 
502(a)(1) of the Social Security 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 countering potential biological, disease, nuclear, 
radiological, and chemical threats to civilian populations; including 
purchase and insurance 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 equipment, 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 available until expended for the Strategic National Stockpile; 
and of

[[Page 119 STAT. 2846]]

which $123,883,000 for international HIV/AIDS shall remain available 
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 development 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 
Centers 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 <<NOTE: Notification.>> designate: Provided further, That the 
Congress is to be notified promptly of any such transfer: Provided 
further, That not to exceed $12,500,000 may be available for 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 development and construction of facilities may be employed 
which collectively 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 
representation 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 Officers, 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.

[[Page 119 STAT. 2847]]

                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 disease, 
$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.

[[Page 119 STAT. 2848]]

                       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 disorders, 
$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.

[[Page 119 STAT. 2849]]

       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 medicine, 
$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 International 
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 constructed 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 Information Center on Health Services 
Research and Health Care Technology and related health services.


                         office of the director


                      (including transfer of funds)


    For carrying out the responsibilities of the Office of the Director, 
National Institutes of Health, $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: Provided further, That 
the Director may direct up to 1 percent of the total amount made 
available in this or any other Act to all National Institutes of Health 
appropriations to activities the Director may 
so <<NOTE: Notification.>> designate: Provided further, That no such 
appropriation 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 authorized 
to collect third party payments for the cost of clinical services that 
are incurred in National Institutes of Health research facilities and 
that such payments shall be credited to the National Institutes of 
Health Management Fund: Provided further, That all funds credited 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

[[Page 119 STAT. 2850]]

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 support 
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 section 
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 appropriated 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 collection and evaluation activities, and further that the total 
available under this Act for section 1920(b) activities shall not exceed 
5 percent of the amounts appropriated for subpart I of part B of title 
XIX; (3) $16,000,000 to carry out national surveys on drug abuse; and 
(4) $4,300,000 to evaluate substance abuse treatment programs.

[[Page 119 STAT. 2851]]

               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 available 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 authorized by section 201(g) of the Social 
Security Act; together with

[[Page 119 STAT. 2852]]

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 Services may, directly or through 
grants, contracts, or cooperative agreements, 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, <<NOTE: Fees.>> 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 Secretary 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.

[[Page 119 STAT. 2853]]

    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the 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 expenditures under such title IV-A 
in fiscal year 1997 under this appropriation and under such title IV-A 
as amended by the Personal Responsibility 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 unanticipated 
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 supplement, 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,

[[Page 119 STAT. 2854]]

$270,490,624 shall be reserved by the States for activities authorized 
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 Prevention 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 administrative expenses to 
carry out said Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the 
Social Security Act, the Act of July 5, 1960 (24 U.S.C. 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 available under 
section 241 of the Public Health Service Act to carry out the provisions 
of section 1110 of the Social Security Act: Provided further, That to 
the extent Community Services Block Grant funds are distributed as grant 
funds by a State to an eligible

[[Page 119 STAT. 2855]]

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, <<NOTE: Procedures. Grants. 42 USC 9921 
note.>> 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 organizations: 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, <<NOTE: Grants. Abstinence.>> 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 adolescents, 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: Provided 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 
effectiveness.

    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.

[[Page 119 STAT. 2856]]

       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 unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                         Administration on Aging


                         aging services programs


    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $1,376,624,000, 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

[[Page 119 STAT. 2857]]

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 responsible 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 Coordinator 
for Health Information Technology, including grants, contracts and 
cooperative agreements for the development and advancement 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 available under section 241 
of the Public Health Service Act to carry out health information 
technology network development.


                       office of inspector general


    For expenses necessary for the Office of Inspector 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 transferred and expended as 
authorized by section 201(g)(1) of the Social Security Act from the 
Hospital Insurance Trust Fund and the Supplemental Medical Insurance 
Trust Fund.


      retirement pay and medical benefits for commissioned officers


    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. chapter 55), such amounts as may 
be required during the current fiscal year.


            public health and social services emergency fund


    For expenses necessary to support activities related to countering 
potential biological, disease, nuclear, radiological and chemical 
threats to civilian populations, and to ensure a year-round influenza 
vaccine production capacity, the development and implementation of 
rapidly expandable influenza vaccine production

[[Page 119 STAT. 2858]]

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. <<NOTE: Children and youth. HIV/AIDS.>> The Secretary 
shall make available through assignment not more than 60 employees of 
the Public Health Service to assist in child survival activities and to 
work in AIDS programs through and with funds provided by the Agency for 
International Development, the United Nations International Children's 
Emergency Fund or the World Health Organization.

    Sec. 203. None of the funds appropriated 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 Revitalization Act of 1993, 
Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, through 
a grant or other extramural mechanism, at a rate in excess of Executive 
Level I.
    Sec. 205. None of the funds appropriated in this 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 Appropriations 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 programs 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

[[Page 119 STAT. 2859]]

this Act: Provided further, <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification.>> virus: Provided, That the 
Congress is promptly notified of the transfer.


                           (transfer of funds)


    Sec. 210. <<NOTE: HIV/AIDS.>> 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 participation 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 services and a Medicare Advantage 
organization described in this section shall be responsible for 
informing enrollees where to obtain information about all Medicare 
covered services.
    Sec. 213. Notwithstanding any other provision of law, no provider of 
services under title X of the Public Health Service Act shall be exempt 
from any State law requiring notification or the reporting of child 
abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 214. (a) <<NOTE: Certification. Deadline. Tobacco and tobacco 
products.>> Except as provided by subsection (e) none of the funds 
appropriated by this Act may be used to withhold substance abuse funding 
from a State pursuant to section 1926 of the Public Health Service Act 
(42 U.S.C. 300x-26) if such State certifies to the Secretary of Health 
and Human Services by May 1, 2006, that the State will commit additional 
State funds, in accordance with subsection (b), to ensure compliance 
with State

[[Page 119 STAT. 2860]]

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). <<NOTE: Reports. Deadline.>> 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 
program activity by July 31, 2006.

    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2006.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to 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 Secretary of 
        Health and Human Services to ensure that the Department of 
        Health and Human Services has secure, safe, functional 
        facilities that comply with applicable regulation governing 
        location, setback, and other facilities requirements and serve 
        the purposes established by this Act. <<NOTE: Grants.>> The 
        Secretary of Health and Human Services is authorized, in 
        consultation with the Secretary of State, through grant or 
        cooperative agreement, to make available to public or nonprofit 
        private institutions or agencies in participating 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

[[Page 119 STAT. 2861]]

        infectious diseases, chronic and environmental diseases, and 
        other health activities abroad.

    Sec. 216. <<NOTE: 42 USC 209 note.>> 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 contracts, 
cooperative agreements, or grants) to carry out research in support of 
the NIH Roadmap for Medical Research.
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director of the National Institutes of Health may utilize such 
peer review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appropriate to 
obtain assessments of scientific and technical merit. 
Such <<NOTE: Applicability.>> 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 Registry 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. <<NOTE: 42 USC 2940 note.>> 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) <<NOTE: Federal buildings and facilities.>> The 
Headquarters and Emergency Operations Center Building (Building 21) at 
the Centers for Disease Control and Prevention is hereby renamed as the 
Arlen Specter Headquarters and Emergency Operations Center.

    (b) The Global Communications Center Building (Building 19) at the 
Centers for Disease Control and 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 published 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

[[Page 119 STAT. 2862]]

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 appropriations for fiscal year 
2006 to carry out the Head Start Act, whichever date is earlier.
    Sec. 224. <<NOTE: Effective date.>> 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-Supported 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 Disease Control 
and Prevention shall be available for travel by the Secretary of Health 
and Human Services, the Director of the Centers for Disease Control and 
Prevention, and employees of the Department of Health and Human Services 
accompanying the Secretary 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 <<NOTE: Department of Education Appropriations 
Act, 2006.>> OF EDUCATION

                     Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education 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: Provided, 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

[[Page 119 STAT. 2863]]

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 disabilities 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 Compact 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

[[Page 119 STAT. 2864]]

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 
Education 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 Education 
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 
Certification 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

[[Page 119 STAT. 2865]]

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 compensation 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 legislatures.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $675,765,000, 
which shall become available on July 1, 2006, and shall remain available 
through September 30, 2007, 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 available on July 
1, 2006, and shall remain available through September

[[Page 119 STAT. 2866]]

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 American Academy of Orthotists 
and Prosthetists for activities that further the purposes of the grant 
received by the Academy for the period beginning October 1, 2003, 
including activities to meet the demand for orthotic and prosthetic 
provider services and improve patient care: 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 construction and shall 
remain available until expended: Provided, That from the total amount 
available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207.


                          gallaudet university


    For the Kendall Demonstration Elementary School, the Model Secondary 
School for the Deaf, and the partial support of Gallaudet University 
under titles I and II of the Education of the Deaf

[[Page 119 STAT. 2867]]

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 available for 
integrated English literacy and civics education services to immigrants 
and other limited English proficient populations: Provided further, That 
of the amount reserved for integrated English literacy and civics 
education, notwithstanding section 211 of the Adult Education and Family 
Literacy Act, 65 percent shall be allocated to States based on a State's 
absolute need as determined 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 Secondary 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.

[[Page 119 STAT. 2868]]

    The <<NOTE: 20 USC 1070a note.>> 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 Amendments 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 Technical 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 Vocational and 
Technical Education Act of 1998: Provided further, That $980,000 is for 
data collection and evaluation activities for programs under the HEA, 
including such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made available in this 
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual 
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 
further, 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.

[[Page 119 STAT. 2869]]

          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 Educational 
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 conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $415,303,000.


                         office for civil rights


    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $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. <<NOTE: School busing.>> 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

[[Page 119 STAT. 2870]]

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. <<NOTE: Voluntary prayer. Meditation.>> 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 Department of Education 
in this Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any 
such <<NOTE: Notification. Deadline.>> transfer: Provided, That the 
Appropriations 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

[[Page 119 STAT. 2871]]

                    (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 
Appropriations 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 authorized by section 122 of part C 
of title I and part E of title II of the Domestic Volunteer Service Act 
of 1973 shall be used to provide stipends or other monetary incentives 
to volunteers or 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: Provided, 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 
limitation, shall be transferred to the National Service Trust for 
educational awards authorized under subtitle D of title I of the Act (42 
U.S.C. 12601), of which up to $4,000,000 shall be available to support 
national service scholarships for high school students performing 
community service, and of which $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

[[Page 119 STAT. 2872]]

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 appropriated 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 sustainability: Provided further, That 
$27,000,000 of the funds made available under this heading shall be 
available for the Civilian Community 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 comparable 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

[[Page 119 STAT. 2873]]

under section 126(a) of the Act: Provided further, That the Corporation 
may use up to 1 percent of program grant funds made available under this 
heading to defray its costs of conducting grant 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 salaries, 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 education to be 
necessary to cover a student's cost of attendance at such institution 
and made, insured, or guaranteed directly to a student by a State 
agency, in addition to other meanings under section 148(b)(7) of the 
National and Community Service Act.
    Notwithstanding any other provision of law, funds made available 
under section 129(d)(5)(B) of the National and Community Service Act to 
assist entities in placing applicants who are individuals with 
disabilities may be provided to any entity that receives a grant under 
section 121 of the Act.
    The Inspector General of the <<NOTE: Audits.>> 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 <<NOTE: Public notice and 
comments.>> 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

[[Page 119 STAT. 2874]]

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 available to the 
Corporation for Public Broadcasting by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for Government 
officials or employees: Provided further, <<NOTE: Discrimination.>> 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, associated with the 
transition of public broadcasting to digital broadcasting, to be awarded 
as determined by the Corporation in consultation with public radio and 
television licensees or permittees, or their designated representatives: 
Provided further, That for fiscal year 2006, in addition to the amounts 
provided above, $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 Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
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 organizations, and for arbitration services shall be 
credited to and merged with this account, and shall remain available 
until expended: Provided 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.

[[Page 119 STAT. 2875]]

            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 Supplementary Medical 
Insurance Trust Funds.

        National Commission on Libraries and Information Science


                          salaries and expenses


    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public Law 
91-345, as amended), $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, <<NOTE: Agricultural laborers.>> That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management 
Relations Act, 1947, as 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.

[[Page 119 STAT. 2876]]

                        National Mediation Board


                          salaries and expenses


    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the 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, authorized 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 provided 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 available 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, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or

[[Page 119 STAT. 2877]]

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 Security Act, 
$29,369,174,000, to remain available until expended: Provided, 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 Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,000,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under this 
paragraph at the end of fiscal year 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 software 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.

[[Page 119 STAT. 2878]]

    In addition, $119,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 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 section 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 ``Limitation on 
Administrative Expenses'', Social Security Administration, to be merged 
with this account, to be available for the time and purposes for which 
this account is available: Provided, <<NOTE: Notice.>> 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 Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) <<NOTE: Lobbying.>> 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 support 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 authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles

[[Page 119 STAT. 2879]]

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 available 
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 representation 
expenses not to exceed $5,000 from funds available for ``Salaries and 
expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated in this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic 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 recipients 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) <<NOTE: Abortion.>> 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 section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be 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

[[Page 119 STAT. 2880]]

or local government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
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 organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) <<NOTE: Human embryos.>> 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) <<NOTE: Drugs and drug abuse.>> 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 advantage.
    Sec. 511. <<NOTE: Health identifier.>> 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. <<NOTE: Contracts.>> 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 requirement 
        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 appropriation Act.

[[Page 119 STAT. 2881]]

    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 certifications 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) <<NOTE: Notifications. Deadlines.>> 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;

[[Page 119 STAT. 2882]]

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 
        represent the United States at an international event.

    ``(2) <<NOTE: Deadline.>> 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 
        represent 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) <<NOTE: Fees.>> 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 
subsection to offset the additional costs incurred to expedite the 
processing of applications under this subsection.

    ``(B) The fee collected under subparagraph (A) shall be deposited as 
offsetting collections in the Immigration Examinations Fee Account.''.
    (b) <<NOTE: Repeal. 8 USC 1427 and note.>> 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 Centers 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.

[[Page 119 STAT. 2883]]

    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2006''.

    Approved December 30, 2005.

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.

                                  <all>