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109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-300
======================================================================
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
_______
November 16, 2005.--Ordered to be printed
_______
Mr. Regula, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 3010]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
3010) ``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'', having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies for the fiscal year ending September 30, 2006, and for
other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSIONS)
For necessary expenses of the Workforce Investment Act of
1998, the Denali Commission Act of 1998, and the Women in
Apprenticeship and Non-Traditional Occupations Act of 1992,
including the purchase and hire of passenger motor vehicles,
the construction, alteration, and repair of buildings and other
facilities, and the purchase of real property for training
centers as authorized by the Workforce Investment Act of 1998;
$2,652,411,000 plus reimbursements, of which $1,688,411,000 is
available for obligation for the period July 1, 2006 through
June 30, 2007; except that amounts determined by the Secretary
of Labor to be necessary pursuant to sections 173(a)(4)(A) and
174(c) of the Workforce 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 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 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) 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.
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 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; and
(4) the remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
chapter 81 of title 5, United States Code, or 33 U.S.C. 901 et
seq., provide as part of such notice and claim, such
identifying information (including Social 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 account number) as may be
prescribed: Provided further, That not later than 30 days after
enactment, in addition to other sums transferred by the
Secretary of Labor to the National Institute for Occupational
Safety and Health (``NIOSH'') for the 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 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; 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,
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.
Mine Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $280,490,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities; in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and may
utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and 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.
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. 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 Secretary, in the Department of Labor, to carry out the
functions (including duties, responsibilities, and procedures)
of subtitle C of title I of the Workforce Investment Act of
1998 (29 U.S.C. 2881 et seq.). The Secretary shall appoint a
senior member of the civil service to head that Office of Job
Corps and carry out subtitle C. The Secretary shall transfer
funds appropriated for the program carried out under that
subtitle C, including the administration of such program, to
the head of that Office of Job Corps. The head of that Office
of Job Corps shall have contracting authority and shall receive
support as necessary from the Assistant Secretary for
Administration and Management with respect to 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 Act: Provided further, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Sec. 104. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced or
indentured child labor in industries and host countries already
identified by the United States Department of Labor prior to
enactment of this Act.
Sec. 105. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be constructed.
Sec. 106. For purposes of chapter 8 of division B of the
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. 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. 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 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 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, $6,539,661,000 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 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 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 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.
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.
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.
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 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 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.
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 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 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, 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. ch. 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.
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. ch. 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, $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. ch. 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 entity as
provided under the Act, and have not been expended by such
entity, they shall remain with such entity for carryover into
the next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of
intangible property which permits grant funds, or intangible
assets acquired with funds authorized under section 680 of the
Community Services Block Grant Act, as amended, to become the
sole property of such grantees after a period of not more than
12 years after the end of the grant for purposes and uses
consistent with the original grant: Provided further, That
funds appropriated for section 680(a)(2) of the Community
Services Block Grant Act, as amended, shall be available for
financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $65,000,000 is
for a compassion capital fund to provide grants to charitable
organizations to emulate model social service programs and to
encourage research on the best practices of social service
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, 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.
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 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 technologies, and if determined necessary by
the Secretary, the purchase of influenza vaccine, $183,589,000:
Provided, That $120,000,000 of amounts available for influenza
preparedness shall remain available until expended.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
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 this Act: Provided
further, That the Appropriations Committees of both Houses of
Congress are notified at least 15 days in advance of any
transfer.
(TRANSFER OF FUNDS)
Sec. 209. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes and
centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Congress is promptly
notified of the transfer.
(TRANSFER OF FUNDS)
Sec. 210. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related
to the human immunodeficiency virus, as jointly determined by
the Director of the National Institutes of Health and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the Public Health Service Act.
Sec. 211. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the
decision of minors to seek family planning services and that it
provides counseling to minors on how to resist attempts to
coerce minors into engaging in sexual activities.
Sec. 212. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary
denies 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) 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 laws prohibiting the sale of tobacco products to
individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human Services
under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2006 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2005, and
adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The State
is to submit a report to the Secretary on all fiscal year 2005
State expenditures and all fiscal year 2006 obligations for
tobacco prevention and compliance activities by 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 disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2006, the Secretary of Health and Human
Services--
(1) may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of
the State Department Basic Authorities Act of 1956 (22
U.S.C. 2669(c)). The Secretary of Health and Human
Services shall consult with the Secretary of State and
relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927) and other 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. 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 infectious diseases, chronic and
environmental diseases, and other health activities
abroad.
Sec. 216. The Division of Federal Occupational Health
hereafter may utilize personal services contracting to employ
professional management/administrative and occupational health
professionals.
Sec. 217. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of
Health may use funds available under section 402(i) of the
Public Health Service Act (42 U.S.C. 282(i)) to enter into
transactions (other than 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 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. Notwithstanding any other provisions of law,
funds made available in this Act may be used to continue
operating the Council on Graduate Medical Education established
by section 301 of Public Law 102-408.
(RESCISSION OF FUNDS)
Sec. 220. The unobligated balance in the amount of
$10,000,000 appropriated by Public Law 108-11 under the heading
``Public Health and Social Services Emergency Fund'' are
rescinded.
Sec. 221. (a) The Headquarters and Emergency Operations
Center Building (Building 21) at the Centers for Disease
Control and Prevention is hereby renamed as the Arlen Specter
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 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. 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
Services Act is rescinded.
(RESCISSION)
Sec. 226. The unobligated balance of the Nursing Student
Loan program authorized by section 835 of the Public Health
Services 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 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 $7,043,126,000
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 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 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 $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 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
$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 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 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.
The maximum Pell Grant for which a student shall be
eligible during award year 2006-2007 shall be $4,050.
Student Aid Administration
For Federal administrative expenses (in addition to funds
made available under section 458), to carry out part D of title
I, and subparts 1, 3, and 4 of part A, and parts B, C, D and E
of title IV of the Higher Education Act of 1965, as amended,
$120,000,000.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the Higher Education Act
of 1965 (``HEA''), as amended, section 1543 of the Higher
Education 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.
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. 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 of students or teachers (or for the purchase of
equipment for such transportation) in order to carry out a plan
of racial desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of
any student to a school other than the school which is nearest
the student's home, except for a student requiring special
education, to the school offering such special education, in
order to comply with title VI of the Civil Rights Act of 1964.
For the purpose of this section an indirect requirement of
transportation of students includes the transportation of
students to carry out a plan involving the reorganization of
the grade structure of schools, the pairing of schools, or the
clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described
in this section does not include the establishment of magnet
schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(TRANSFER OF FUNDS)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
Department of Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
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), by adding at the end the
following:
``(4) To authorize and develop cultural and
educational programs relating to the Mississippi Band
of Choctaw Indians.'';
(2) in section 5523(a)--
(A) by redesignating paragraphs (6) through
(8) as paragraphs (7) through (9),
respectively; and
(B) by inserting after paragraph (5) the
following:
``(6) The Mississippi Band of Choctaw Indians in
Choctaw, Mississippi.''; and
(3) in section 5525, by adding at the end the
following:
``(4) For cultural and educational programs, not
less than $2,000,000 to 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 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 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 Corporation for National and
Community Service shall conduct random audits of the grantees
that administer activities under the AmeriCorps programs and
shall levy sanctions in accordance with standard Inspector
General audit resolution procedures which include, but are not
limited to, debarment of any grantee (or successor in interest
or any entity with substantially the same person or persons in
control) that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps
programs, including any grantee that has been determined to
have violated the prohibition of using Federal funds to lobby
the Congress: Provided, That the Inspector General shall obtain
reimbursements in the amount of any misused funds from any
grantee that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps
programs.
For fiscal year 2006, the Corporation shall make any
significant changes to program requirements or policy only
through public notice and comment rulemaking. For fiscal year
2006, during any grant selection process, no officer or
employee of the Corporation shall knowingly disclose any
covered grant selection information regarding such selection,
directly or indirectly, to any person other 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, 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. ch. 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.
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, 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.
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 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.
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, 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) 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 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) 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 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) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.204(b) and section
498(b) of the Public Health Service Act (42 U.S.C.
289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established by section 202
of the Controlled Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d-2(b))
providing for, or providing for the assignment of, a unique
health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until
legislation is enacted specifically approving the standard.
Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in
section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the
Secretary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such 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.
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) 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;
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) 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) 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) 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. None of the funds made available in this Act may
be used to reimburse, or provide reimbursement for drugs
approved to treat erectile dysfunction.
This Act may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2006''.
And the Senate agree to the same.
Ralph Regula,
Ernest Istook, Jr.,
Roger F. Wicker,
Anne M. Northup,
Randy ``Duke'' Cunningham,
Kay Granger,
John E. Peterson,
Don Sherwood,
Dave Weldon,
Jim Walsh,
Jerry Lewis,
Managers on the Part of the House.
Arlen Specter,
Thad Cochran,
Judd Gregg,
Kay Bailey Hutchison,
Larry E. Craig,
Ted Stevens,
Mike DeWine,
Richard Shelby,
Pete V. Domenici,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 3010) 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, submit
the following joint statement of the House and Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
In implementing this agreement, the Departments and
agencies should be guided by the language and instructions set
forth in House Report 109-143 and Senate Report 109-103
accompanying the bill, H.R. 3010.
In the cases where the language and instructions in
either report specifically address the allocation of funds,
each has been reviewed by the conferees and those that are
jointly concurred in have been endorsed in this joint
statement.
In the cases in which the House or the Senate reports
request or direct the submission of a report, such report is to
be submitted to both the House and Senate Committees on
Appropriations.
The conferees note that section 517 sets forth the
reprogramming requirements and limitations for the Departments
and agencies funded through this Act, including the requirement
to make a written request to the chairmen of the Committees 15
days prior to reprogramming, or to the announcement of intent
to reprogram, funds in excess of 10 percent, or $500,000,
whichever is less, between programs, projects and activities.
Finally, the conferees request that statements on the
effect of this appropriation Act on the Departments and
agencies funded in this Act be submitted to the Committees
within 45 days of enactment of this Act. The conferees expect
that these statements will provide sufficient detail to show
the allocation of funds among programs, projects and
activities, particularly in accounts where the final
appropriation is different than that of the budget request.
Furthermore, the conferees request the statements to also
include the effect of the appropriation on any new activities
or major initiatives discussed in the budget justifications
accompanying the fiscal year 2006 budget.
The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2006, put
in place by this bill, incorporates the following agreements of
the managers:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSIONS)
The conference agreement includes $5,115,411,000 for
training and employment services, instead of $5,121,792,000 as
proposed by the House and $5,250,806,000 as proposed by the
Senate. Of the amount appropriated, $2,463,000,000 is an
advance appropriation for fiscal year 2007, as proposed by the
House and the Senate.
The conference agreement includes bill language as
proposed by the Senate requiring that the Secretary of Labor
take no action to amend 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 the procedure
for designation of local areas as specified in that Act until
such time as legislation reauthorizing the Act is enacted. The
House bill contained a similar provision.
For Adult Employment and Training Activities, the
conference agreement includes $865,736,000 as proposed by the
House, instead of $893,618,000 as proposed by the Senate.
For Youth Training, the conference agreement includes
$950,000,000 as proposed by the House instead of $986,288,000
as proposed by the Senate.
The conference agreement includes $1,476,064,000 for the
Dislocated Worker program, as proposed by the Senate, instead
of $1,405,264,000 as proposed by the House. The conferees
override the formula that provides that 80 percent of the funds
provided will be used for State formula grants and 20 percent
in a National Reserve Account. For program year 2006 the
conferees provide $1,193,264,000 for the State formula grants
and $282,800,000 for the National Reserve Account.
The conferees direct that the Department submit a
quarterly report beginning in January, 2006 to the House and
Senate Appropriations Committees on the status of H-1B and
National Emergency Grant awards. This quarterly report shall be
submitted to the House and Senate Committees on Appropriations
no later than 15 days after the end of each quarter and shall
summarize the following information: total available funds for
the current program year, funding requests made, funding
comments made, and amounts actually awarded for the quarter and
for the current program year, total outstanding funding
commitments from all program years, and total unpaid funding
commitments from all program years. The report shall also
include a list of each award (both new awards and modifications
to existing awards) made during the quarter, including the
grantee, funding commitment, amount released, and unpaid
commitment for each award, and the number of workers to be
trained.
The conferees direct that the Department submit a
quarterly report beginning in January 2006 to the House and
Senate Appropriations Committees on the status of awards made
under the High-Growth Job Training Initiative. This quarterly
report shall be submitted to the House and Senate Committees on
Appropriations no later than 15 days after the end of each
quarter and shall summarize by funding source (dislocated
worker demonstration funds, community college initiative, H-1B
fees, pilots and demonstrations, etc.) the total amount
allocated to the High-Growth Job Training Initiative for the
quarter and the program year. This report shall also include a
list of all awards made during the quarter and for each award
shall include the grantee, the amount of the award, the funding
source of the award, whether the award was made competitively
or by sole source and, if sole source, the justification, the
purpose of the award, the number of workers to be trained, and
other expected outcomes.
The conference agreement includes bill language as
proposed by the Senate giving the Secretary of Labor authority
to use dislocated worker national reserve funds to provide
assistance to a State for statewide or local use in order to
address cases where there have been worker dislocations across
multiple sectors or across multiple local areas. The House bill
contained no similar provision. The conferees urge the
Secretary, when determining competitive awards under this
authority, to give favorable consideration to the applications
of assistance to States that have sustained worker dislocation
in such a manner and can demonstrate the capacity to respond
effectively in a coordinated fashion across multiple sectors or
local areas.
The conference agreement includes $1,573,000,000 for Job
Corps, instead of $1,542,019,000 as proposed by the House and
$1,582,000,000 as proposed by the Senate. Within the total,
$1,465,000,000 is provided for continuing operations of the
program and $108,000,000 is for renovation and construction of
Job Corps centers. The conference agreement includes $8,000,000
for second year funding of Job Corps expansion. This is in
addition to $10,000,000 previously appropriated. In the
selection process to award these and the previously
appropriated funds for incremental expansion of Job Corps, the
Department is directed to follow guidance provided in Senate
Report 109-103 and in the report accompanying Public Law 108-
199 regarding the priority for States that currently do not
have a center and for a new site that can be quickly launched
as a satellite (residential or non-residential) of a Job Corps
center that is serving an entire State or region, and then
later be converted to a stand-alone facility.
The conferees strongly urge the Director of Job Corps to
extend the work of the Appalachian Council for career
transition support services, and implement through the NJCA
Foundation for Youth Opportunities, foundation initiated and
nationally coordinated programs and services that raise public
awareness and support for at-risk youth. The conferees expect
the Director of Job Corps to implement these awards by no later
than January 31, 2006, or as soon thereafter that the new
independent Office of Job Corps is established.
For Migrant and Seasonal Farmworkers, the conference
agreement includes a total of $80,557,000 as proposed by the
Senate, instead of $75,795,000 as proposed by the House. Within
the total, $75,053,000 is for State service area grants. This
includes $5,000,000 for housing grants and $3,840,000 to fund
grantees in States impacted by formula reductions below the
amount they were allotted in program year 2004. The agreement
also includes bill language not contained in House or Senate
bills which prohibits the Department from restricting the
provision of ``related assistance'' services by grantees. Such
services are often critical to the stabilization and
availability of the farm labor workforce.
The conference agreement provides $2,000,000 for other
National Activities as proposed by the House, instead of
$3,458,000 as proposed by the Senate. Of this amount, $982,000
is for carrying out Public Law 102-530, the Women in
Apprenticeship and Non-Traditional Occupations Act of 1992, and
$504,000 is to be used for training, technical assistance and
related activities, including migrant rest center activities,
authorized under section 167 of the Workforce InvestmentAct of
1998.
For Pilots, Demonstrations and Research, the conference
agreement includes $30,000,000, instead of $74,000,000 as
proposed by the House and $90,367,000 as proposed by the
Senate.
The conferees encourage the Department of Labor to
establish a pilot grant program under 171(b) of the Workforce
Investment Act of 1998 to award competitive placement and
retention grants to qualified nonprofit organizations that
offer low income individuals' intensive assessment, education
and training, placement, and retention services, including job
coaching. The employment should provide the low income
individuals with an annual salary at least twice the poverty
line applicable to the individual. After placement, such
organizations shall be eligible for retention grants once low
income individuals remain with the same employer for a period
of one year, taking into account the benefits received by the
federal government and the community from the individuals'
employment.
The conference agreement includes $49,600,000 for
Responsible Reintegration of Youthful Offenders, instead of
$50,000,000 as proposed by the Senate. The House did not
recommend funds for this activity.
The conference agreement includes $125,000,000 to carry
out the Community College/Community-Based Job Training Grant
initiative. The conference agreement includes bill language as
proposed by the Senate which provides that this amount is to be
allocated from National Emergency Grant funds available under
section 132(a)(2)(A) of the Workforce Investment Act of 1998,
overriding the limitation otherwise imposed under section
171(d). The House bill contained no similar provision. The
conferees expect the Secretary to initially use resources from
the National Emergency Grants account for these awards that are
designated for non-emergencies under sections 171(d) and 170(b)
of the Workforce Investment Act of 1998. Community-Based Job
Training Grant awards will also be subject to the limitations
of sections 171(c)(4)(A) through 171(c)(4)(C) of the Workforce
Investment Act of 1998 to ensure that these grants are awarded
competitively. The conferees direct that future solicitations
for grant applications for the Community-Based Job Training
initiative include One Stop Career Centers as eligible
applicants. The conference agreement rescinds $125,000,000 in
funds provided in fiscal year 2005 for this program, as
proposed by the House; the Senate bill contained no similar
provision.
For the Denali Commission, the conference agreement
provides $6,944,000 as proposed by the Senate for job training
services. The House recommendation did not include funds for
this activity.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
The conference agreement includes $3,392,078,000 for
State Unemployment Insurance and Employment Service Operations,
instead of $3,470,366,000 as proposed by the House and
$3,361,779,000 as proposed by the Senate. For unemployment
insurance services, the bill provides $2,533,000,000 instead of
$2,632,915,000 as proposed by the House and $2,485,000,000 as
proposed by the Senate. The conference agreement includes
$2,523,000,000 for UI State Operations instead of
$2,622,499,000 as proposed by the House and $2,475,000,000 as
proposed by the Senate. The agreement includes a contingency
reserve amount should the unemployment workload exceed an
average weekly insured claims volume of 2,800,000 instead of
2,984,000 as proposed by the House. The conference agreement
does not include language, similar in both House and Senate
bills, providing $40,000,000 for new unemployment insurance
administrative activities.
For the Employment Service grants to States, the
agreement includes $723,114,000 instead of $696,000,000 as
proposed by the House and $746,302,000 as proposed by the
Senate. This includes $23,114,000 in general funds as proposed
by the Senate instead of $23,300,000 as proposed by the House
and $700,000,000 from the ``Employment Security
Administration'' account of the unemployment trust fund instead
of $672,700,000 as proposed by the House and $723,188,000 as
proposed by the Senate. The conference agreement does not
include funding to continue Reemployment Services Grants.
The conference agreement includes $17,856,000 for the
work opportunity tax credit program as proposed by the Senate.
The House report contained no similar provision.
PROGRAM ADMINISTRATION
The conference agreement includes $200,000,000 for
Program Administration as proposed by the Senate, instead of
$206,111,000 as proposed by the House. The detailed table at
the end of this joint statement reflects the activity
distribution agreed to by the conferees.
The conference agreement deletes language proposed by the
House specifying that not to exceed $3,000,000 shall be
available for contracts that are not competitively bid. The
Senate bill contained no similar provision.
Employee Benefits Security Administration
SALARIES AND EXPENSES
The conference agreement includes $134,900,000 as
proposed by the Senate, instead of $137,000,000 as proposed by
the House. The detailed table at the end of this joint
statement reflects the activity distribution agreed to by the
conferees.
Employment Standards Administration
SALARIES AND EXPENSES
The conference agreement includes $415,216,000 for the
Employment Standards Administration, salaries and expenses,
instead of $416,332,000 as proposed by the House and
$412,616,000 as proposed by the Senate. Within the amount for
Program Direction and Support the conference agreement includes
$2,000,000 as proposed by the Senate to make available
personnel and other resources to facilitate the expeditious
startup of a system to resolve the claims of injury caused by
asbestos exposure. The detailed table at the end of this joint
statement reflects the activity distribution agreed to by the
conferees.
The conference agreement deletes language proposed by the
Senate authorizing the Secretary of Labor to accept, retain,
and spend all sums of money ordered to be paid in accordance
with the Consent Judgment in the case with the Northern Mariana
Islands. This provision, carried in the bill in prior years, is
no longer necessary. The House bill contained no similar
provision.
The conferees note that the Employment Standards
Administration's most recent regulatory plan indicates that the
Employment Standards Administration plans to issue in December
2005 a notice of proposed rulemaking on the Family and Medical
Leave Act (FMLA). The conferees urge that the Employment
Standards Administration consider providing ample time (more
than the 60 days indicated in the regulatory plan) for careful
consideration of any proposed changes to the FMLA regulations.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
Within the total transferred to this account from fair
share entities to pay the cost of administration of the Federal
Employees' Compensation Act, the conference agreement provides
that $27,148,000 shall be made available for automated workload
processing operations, including document imaging, centralized
mail intake and medical bill processing, as proposed by the
Senate, instead of $18,454,000 as proposed by the House.
Administrative Expenses, Energy Employees
OCCUPATIONAL ILLNESS COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
Within the total, the conference agreement includes a
proviso transferring $4,500,000 to the National Institute for
Occupational Safety and Health for use by the Advisory Board on
Radiation and Worker Health, as proposed by the Senate. The
House bill contained no similar provision.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes $477,199,000 for the
Occupational Safety and Health Administration as proposed by
the House instead of $477,491,000 as proposed by the Senate.
The detailed table at the end of this joint statement reflects
the activity distribution agreed to by the conferees.
The conference agreement includes a limitation regarding
OSHA's enforcement of the Respiratory Standard as it applies to
tuberculosis, as proposed by the House. The Senate bill
contained no similar provision.
Mine Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes a provision that
authorizes the Secretary to recognize the Joseph A. Holmes
Safety Association as a principal safety association and to
provide funds and personnel to the organization, as proposed by
the House. The Senate bill contained no similar provision.
Bureau of Labor Statistics
SALARIES AND EXPENSES
The conference agreement includes a provision maintaining
the women worker series from the Current Employment Survey as
proposed by the Senate. The House bill contained no similar
provision.
Office of Disability Employment Policy
SALARIES AND EXPENSES
The conference agreement includes $27,934,000 for the
Office of Disability Employment Policy as proposed by the
House, instead of $47,164,000 as proposed by the Senate.
Within the total, the conferees have included $5,000,000
for a national initiative focusing on self-employment as an
option for persons with disabilities, to be allocated according
to the conditions in Senate Report 109-103. In addition, the
conferees concur with the Senate in directing that the
existing, structured ``Public Service Internship Program for
Students with Disabilities'' be continued through fiscal year
2006 at no less than current appropriations levels. The House
recommendation contained no similar provisions.
Departmental Management
SALARIES AND EXPENSES
The conference agreement includes $300,586,000 for
Departmental Management, salaries and expenses, instead of
$239,783,000 as proposed by the House and $320,561,000 as
proposed by the Senate. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
The conference agreement includes $73,248,000 for the
Bureau of International Labor Affairs (ILAB), instead of
$12,419,000 as proposed by the House and $93,248,000 as
proposed by the Senate. Of this amount, the conferees'
recommendation includes $38,000,000 for the U.S. contribution
to the ILO's International Program for the Elimination of Child
Labor [IPEC] and $23,000,000 for bilateral assistance to
improve access to basic education in international areas with a
high rate of abusive and exploitative child labor. The
conferees concur with the Senate directive that $4,500,000 of
the basic education funds be distributed in a 3-year grant to a
human rights center at a major university with expertise in
African studies, child labor and business ethics to provide
critical oversight of both the public and private investment.
The conferees expect that any grant or contract to provide this
oversight will include annual reporting requirements to both
the Congress and the Department by the end of each federal
fiscal year. That report should cite progress made on key
points of the protocol including: development of a child labor
monitoring system by industry, the elimination of the worst
forms of child labor in the supply chain, and the development
of an industry-wide, public, transparent certification system
covering at least 50 percent of the growing area in the Ivory
Coast and Ghana.
For other ILAB programs, including 125 FTE for Federal
Administration, the conferees have included $12,248,000. Within
this amount, the conferees have included sufficient funding for
the compilation of the statutorily required report tracking the
progress of countries that are designated as beneficiaries
under the U.S. Generalized System of Preferences [GSP] or
former GSP recipients who achieved a free trade agreement over
the preceding two years. The conferees concur with a Senate
mandate that the 2006 report shall be transmitted to the
Congress no later than September 1, 2006.
The conference agreement does not include provisos in the
Senate bill intended to ensure that decisions on appeals of
Longshore and Harbor Worker's Compensation Act claims are
reached in a timely manner. The House bill did not include
similar provisions. Carried in previous years, the provisos are
no longer considered necessary to avoid delays.
The conferees do not retain language in the House report
regarding employee benefit products covered by the Employee
Retirement Income Security Act.
VETERANS EMPLOYMENT AND TRAINING
The conference agreement includes $224,334,000 for
Veterans Employment and Training as proposed by the Senate,
instead of $229,334,000 as proposed by the House. The detailed
table at the end of this joint statement reflects the activity
distribution agreed to by the conferees.
The conferees are pleased by the number of programs being
undertaken by a variety of federal agencies, including the
Centers for Medicare and Medicaid Services and the Internal
Revenue Service, to employ persons with disabilities in
telework occupations. With a significant number of veterans
coming home with physical impairments, the conferees urge the
department to pursue interagency efforts to help disabled
veterans achieve employment in the federal government through
telework and other innovative programs.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $71,819,000 for the
Office of Inspector General, instead of $70,819,000 as proposed
by the House and $72,819,000 as proposed by the Senate.
GENERAL PROVISIONS
JOB CORPS
The conference agreement includes language that prohibits
the use of funds for the Job Corps to pay the salary of any
individual, either as direct costs or any pro-ration as an
indirect cost, at a rate in excess of Executive Level I,
instead of Executive Level II as proposed by the House. The
Senate bill did not contain a similar provision.
The conference agreement includes language not contained
in House or Senate bills directing the Secretary to establish
and maintain an Office of Job Corps within the Office of the
Secretary of Labor. The Secretary is directed to transfer
current Job Corps functions and staff from the Employment and
Training Administration to the Job Corps office established in
the Office of the Secretary. To ensure continuity, the
Secretary is further directed to staff the new agency with the
staff in place as of October 1, 2005 and at a level of FTE
approved as of October 31, 2005.
ONE PERCENT TRANSFER AUTHORITY
The conference agreement includes a provision as proposed
by the Senate limiting the authority to transfer or reprogram
funds between a program, project or activity and requiring a 15
day notification of any reprogramming request or announcement
of such transfer or reprogramming request. The House bill
contained a similar provision.
DENALI COMMISSION
The conference agreement includes a provision as proposed
by the Senate that authorizes to be appropriated such sums as
may be necessary to the Denali Commission to conduct job
training where Denali Commission projects will be constructed.
The House bill contained no similar provision.
CONGRESSIONAL JUSTIFICATIONS
The conference agreement includes bill language proposed
by the Senate requiring the Department of Labor to submit its
fiscal year 2007 congressional budget justifications in the
format and level of detail used by the Department of Education
in its fiscal year 2006 congressional budget justifications.
The House bill contained no similar provision.
NEW YORK RESCISSION
The conference agreement does not include language as
proposed by the Senate making $125,000,000 available to the New
York State Uninsured Employers Fund and to the Centers for
Disease Control and Prevention for purposes related to the
September 11, 2001 terrorist attacks. The House bill contained
no similar provision.
OPERATING PLAN
The conferees note that the Department failed to submit a
fiscal year 2005 operating plan for pilots, demonstrations and
research activities as requested last year in House Report 108-
792. This plan is nearly six months late. Accordingly, the
conferees have included bill language directing the Department
to provide not later than July 1, 2006 an operating plan that
outlines the planned allocation by major project and activity
of fiscal year 2006 funds for pilot, demonstration, multi-
service, research and multi-state projects. The conferees
direct that the Department submit a quarterly report beginning
in January 2006 to the House and Senate Appropriations
Committees on the status of awards made for pilot,
demonstration, multi-service, research, and multi-state
projects under section 171 of the Workforce Investment Act.
This quarterly report shall be submitted to the House and
Senate Committees on Appropriations no later than 45 days after
the end of each quarter and shall include the following
information: a list of all awards made during the quarter and
for each award shall include the grantee or contractor, the
amount of the award, the funding source for the award, whether
the award was made competitively or by sole source and, if sole
source, the justification, the purpose of the award, and
expected outcomes.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
The conference agreement includes $6,564,661,000 for
health resources and services, of which $6,539,661,000 is
provided as budget authority and $25,000,000 is made available
from the Public Health Service policy evaluation set-aside,
instead of $6,468,437,000 as proposed by the House and
$7,396,534,000 as proposed by the Senate. Funds for the
individual HRSA programs are displayed in the table at the end
of the statement of the managers. Funding levels that were in
disagreement but not displayed on the table are discussed in
this statement.
The conference agreement includes a technical bill
language change to eliminate an unnecessary citation of the
Poison Control Center Act which was included in both bills.
The conference agreement includes a citation for section
712 of the American Jobs Creation Act of 2004 for authority for
the sickle cell demonstration program. The House bill did not
include a similar citation.
The conference agreement does not include bill language
proposed by the Senate providing $393,051,000 for construction
and renovation of health care and other facilities and other
health-related activities. The House bill included no similar
language.
The conference agreement includes bill language
identifying $64,180,000 for the rural hospital flexibility
grants program, as provided by the Senate. The House bill
provided $39,180,000. Within the total provided, the conferees
have included bill language similar to that contained in the
Senate bill creating the authority and identifying $25,000,000
for a Delta health initiative rural health, education, and
workforce infrastructure program. The House bill had no similar
provision. The conferees urge HRSA to implement this program by
a competitive grant to a non-Federal, not-for-profit alliance
of no less than four academic institutions who have a history
of collaboration, along with their State Medical Association
and State Hospital Association, for the purpose of addressing
longstanding, unmet health needs in the Mississippi Delta,
including health education, access and research, and job
training. Alliance partners should include an academic health
center, at least two regional universities, a school of
nursing, and a relationship with a strong economic development
entity. The alliance should have experience working with
Federally qualified health centers and local health
departments. The alliance should have experience in diabetes
education and management, promoting healthy communities, health
education and wellness.
The conferees have not included either bill language
proposed by the Senate identifying $20,000,000 for base grant
adjustments for existing community health centers or a similar
directive included in the House report.
The conference agreement includes bill language
identifying $40,000 for malpractice insurance for volunteer
physicians who practice at free clinics, including
administrative expenses, instead of $99,000 as proposed by the
Senate. The House did not provide funding for this program. The
conferees understand that claims against the Federal
malpractice insurance are not likely to appear until at least
fiscal year 2007, but want to signal the intent to continue the
program.
The conference agreement does not include bill language
identifying funding for community health centers in high-need
counties. The Senate bill identified $13,000,000 for this
purpose; the House bill identified $26,000,000.
The conferees direct that the increase in funding
provided for community health centers be allocated for the
center applications that have already been approved and
announced in April 2005. The House and Senate reports had
similar references to pre-approved awards.
The conference agreement includes bill language contained
in the Senate bill permitting funding appropriated for the
community health centers Federal malpractice claims program to
be used for administrative expenses. The House bill included no
similar provision.
The conference agreement includes bill language providing
$4,000,000 to remain available until expended for the National
Cord Blood Stem Cell Bank Program. The Senate bill provided
$9,859,000. The House did not provide funding for this program.
The conference agreement includes bill language
designating $117,108,000 out of the funds provided for the
maternal and child health block grant to be for special
projects of regional and national significance (SPRANS). The
Senate billprovided $121,396,250 for this purpose; the House
provided $116,124,000. It is intended that $3,880,000 of the SPRANS
amount will be used to continue the sickle cell newborn screening
program and its locally based outreach and counseling efforts. The
House and Senate both proposed $4,000,000 for this program. In
addition, $4,850,000 of the SPRANS amount will be used to continue the
oral health demonstration programs and activities in the States. The
House and Senate both proposed $5,000,000 for this program. The
conference agreement also includes within the SPRANS set-aside
$1,552,000 to continue mental health programs and activities in the
States, $2,910,000 to continue the epilepsy demonstration, and
$1,940,000 to continue newborn and child screening for heritable
disorders. The conferees provide $1,000,000 for a fetal alcohol
syndrome demonstration program as described in the Senate report. The
House and Senate had both proposed $3,000,000 for the epilepsy
demonstration. The House had proposed $3,000,000 for the heritable
disorders screening program; the Senate had proposed $2,000,000. The
Senate proposed $3,000,000 for the mental health programs, while the
House had not proposed funding for this program. The Senate proposed
$1,000,000 for the fetal alcohol syndrome demonstration, while the
House had not proposed funding for this program.
The conference agreement includes bill language as
proposed by the Senate providing $39,680,000 to the Denali
Commission as a direct lump payment pursuant to P.L. 106-113.
The House did not include funding for the Commission. The
conferees concur with the Senate report language regarding the
allocation of Denali funds to a mix of facilities.
The conference agreement provides $14,100,000 for Native
Hawaiian health care activities within the consolidated health
centers program as proposed by the Senate. The House did not
identify specific funding for Native Hawaiian activities.
The conference agreement provides $4,000,000 for allied
health training programs, of which $2,000,000 is allocated to
the chiropractic-medical school demonstration grant and
$2,000,000 is designated for the geropsychology training
program. The Senate provided $11,753,000 for allied health
programs. The House did not provide funding.
The conferees concur in the Senate report language
identifying $3,000,000 within traumatic brain injury funding
for protection and advocacy services. The House report did not
have similar language.
The conferees concur with the Senate report language
regarding the recompetition of Healthy Start programs.
Within funds provided to the Office of the Advancement of
Telehealth, $3,000,000 has been included to carry out programs
and activities under the Health Care Safety Net Amendments of
2002 (Public Law 107-251). Of that amount, the conferees intend
that $1,500,000 be used to fund telehealth resource centers
that provide assistance with respect to technical, legal,
regulatory service delivery or other related barriers to the
development of telehealth technologies. The conferees intend
that HRSA place a high priority on the needs of rural States
with populations of less than 1,500,000 individuals in the
award and geographical placement of the telehealth resource
grants. The conferees intend that $750,000 will be used for
network grants and demonstration or pilot projects for
telehomecare and that $750,000 will be used for grants to carry
out the licensure provisions in Section 102 of Public Law 107-
251.
The conferees agree that family planning funds should be
distributed to regional offices in the same manner and time
frame as in fiscal year 2005. In addition, conferees intend
that the same percentage of appropriated family planning funds
be used for clinical services as in fiscal year 2005.
Within the funds provided for bioterrorism grants to
States, the conference agreement includes $475,000,000 for
State grants, $21,000,000 for education incentives for medical
school curriculum, and $4,000,000 to continue the credentialing
emergency system for advance registration of volunteer health
professionals. The conferees do not provide funding for a
medical surge capacity demonstration as requested by the
Administration. The House provided $464,479,000 for State
grants; $8,000,000 for credentialing; $27,521,000 for training;
and no funding for a surge capacity demonstration. The Senate
provided $458,000,000 for State grants, indicating that
credentialing, deployable mass casualty units and increases to
the medical reserve corps could be supported within that total;
$27,500,000 for training; and $25,000,000 for a national surge
capacity demonstration.
The conference agreement includes $145,992,000 for
program management instead of $143,992,000 as provided by the
Senate and $143,072,000 as provided by the House. The
conference agreement includes $2,000,000 within this activity
for dental workforce programs authorized in section 340G of the
Public Health Service Act. The Senate provided $5,000,000 for
this activity; the House did not propose funding for the
program.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
The conference agreement provides $3,600,000 for
administration for the Trust Fund as proposed by the Senate
instead of $3,500,000 as proposed by the House.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
The conference agreement includes $5,884,934,000 for
disease control, research, and training at the Centers for
Disease Control and Prevention (CDC), instead of $5,945,991,000
as proposed by the House and $6,064,115,000 as proposed by the
Senate. In addition, $265,100,000 is made available under
section 241 of the Public Health Service Act. The House bill
proposed that $159,595,000 and the Senate bill proposed that
$265,100,000 be derived from section 241 authority.
The conference agreement includes bill language
earmarking $160,000,000 for equipment, construction, and
renovation of facilities, including the new data center and
recovery site to ensure availability of critical systems and
data supporting CDC's homeland security and public health
emergency responsibilities, instead of $30,000,000 as proposed
by the House and $225,000,000 as proposed by the Senate. Within
this total, $136,000,000 is for continuation of CDC's program
to upgrade and replace facilities in Atlanta and $24,000,000 is
to continue construction and purchase equipment for the
replacement of CDC's infectious disease laboratory in Fort
Collins, Colorado.
The conference agreement includes bill language providing
that within the amount available, $530,000,000 shall remain
available until expended for the Strategic National Stockpile,
the same as proposed by the House. The Senate bill included
$542,000,000 for this purpose.
The conference agreement includes bill language to
earmark $123,883,000 for international HIV/AIDS, the same as
proposed by both the House and the Senate.
The conference agreement includes bill language as
proposed by the Senate, and similar to language proposed by the
House, designating that the following amounts shall be
available under section 241 (Public Health Service Act
evaluation set-aside) for the specified activities:
$12,794,000--National Immunization Surveys;
$109,021,000--National Center for Health Statistics
Surveys;
$24,751,000--Information systems standards development
and architecture and applications-based research used at local
public health levels;
$463,000--Health Marketing evaluations;
$31,000,000--Public Health Research; and
$87,071,000--Research Tools and Approaches within the
National Occupational Research Agenda.
The conference agreement includes bill language providing
that up to $31,800,000 is available until expended for
individual learning accounts, as proposed by the Senate. The
House bill had included $30,000,000 for the same purpose.
The conference agreement includes bill language carried
in prior years to allow the CDC to enter into a single contract
or related contracts for the full scope of development and
construction of facilities as proposed by both the House and
the Senate. The agreement does not include language proposed by
the Senate to allow funds appropriated to the CDC to be used to
enter into a long-term ground lease for construction on non-
Federal land. The conferees understand that this language is no
longer necessary for the completion of the laboratory in the
Fort Collins, Colorado area.
Given the full-scope contract authority, the conferees
understand that sufficient funds are available from within
amounts provided for buildings and facilities for unabated
progress on the B&F; Master Plan and to support the new data
center recovery site, including the center's operations and
maintenance services.
The conference agreement includes bill language providing
that employees of the CDC or the Public Health Service,
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. The House bill included
similar language but limited to employees detailed for purposes
related to homeland security.
INFECTIOUS DISEASES
The conference agreement includes $1,697,397,000 for
Infectious Diseases, instead of $1,704,529,000 as proposed by
the House and $1,696,567,000 as proposed by the Senate. In
addition, $12,794,000 is available to carry out National
Immunization Surveys to be derived from section 241 evaluation
set-aside funds.
The conferees note that unless otherwise specified, the
sub-budget activity amounts provided are at the levels
recommended in the budget request.
INFECTIOUS DISEASE CONTROL
Within the total for Infectious Diseases, the conference
agreement includes $229,059,000 for infectious disease control
activities instead of $229,471,000 as proposed by the House and
$229,010,000 as proposed by the Senate.
Within the total, $102,650,000 is for areas of highest
scientific and programmatic priority for preparing and
responding to present and emerging infectious disease threats.
Within the total provided, $5,500,000 is to expand and
improve surveillance, research, and prevention activities on
prion disease, including the work of the National Prion Disease
Pathology Surveillance Center.
HIV/AIDS, STD AND TB PREVENTION
Within the total for Infectious Diseases the conference
agreement includes $956,138,000 for HIV/AIDS, STD and TB
prevention, the same as proposed by the House and $713,000
below the amount proposed by the Senate.
Included is $657,694,000 for domestic HIV/AIDS
activities; $159,633,000 for STD activities; and $138,811,000
for TB activities.
Within the total for HIV/AIDS, the conferees intend that
the activities that are targeted to address the growing HIV/
AIDS epidemic and its disparate impact on communities of color,
including African Americans, Latinos, Native Americans, Asian
Americans, Native Hawaiians, and Pacific Islanders be supported
at not less than the fiscal year 2005 level, as proposed by the
House. The conferees intend that CDC follow the report
accompanying the Labor, HHS and Education and Related Agencies
Appropriations Act, 2002 regarding the disbursement of these
funds, including continuing support for the Directly Funded
Minority Community-Based Organization Program.
IMMUNIZATION
Within the total for Infectious Diseases, the conference
agreement includes a discretionary program level of
$524,994,000 for immunization, instead of $526,500,000 as
proposed by the House and $523,500,000 as proposed by the
Senate. Of the amount provided, $12,794,000 is for national
immunization surveys to be derived from section 241 evaluation
set-aside funds, the same as proposed by both the House and
Senate.
The conferees note, that subsequent to House action,
$5,214,000 was reallocated to Global Immunization activities
within Global Health to more accurately reflect immunization
program levels prior to CDC's recent reorganization.
In addition, the Vaccines for Children (VFC) program
funded through the Medicaid program includes $1,502,333,000 in
vaccine purchases and distribution support for fiscal year
2006, yielding a total domestic immunization program level of
$2,027,327,000.
Included in the amount provided is $461,478,000 for
immunization assistance to states and localities under the
section 317 immunization program, $4,960,000 for vaccine
tracking, and $58,556,000 for prevention activities. The
conferees intend that the $1,494,000 provided above the request
for prevention activities support expanded vaccine safety
research as outlined in the House Report.
HEALTH PROMOTION
The conference agreement includes $971,157,000 for Health
Promotion, instead of $983,647,000 as proposed by the House and
$974,080,000 as proposed by the Senate.
The conferees note that unless otherwise specified, the
sub-budget activity amounts provided for Health Promotion are
at the levels recommended in the budget request.
The conference agreement does not include $2,421,000 for
a new program to award grants to organizations in the area of
chronic disease prevention and birth defects and developmental
disabilities as proposed by the Senate.
CHRONIC DISEASE PREVENTION, HEALTH PROMOTION, AND GENOMICS
Within the amount for Health Promotion, the conference
agreement includes $845,135,000 for chronic disease prevention
and health promotion instead of $856,468,000 as proposed by the
House and $845,845,000 as proposed by the Senate.
The conference agreement includes the following amounts:
------------------------------------------------------------------------
($ in
Budget activity millions)
------------------------------------------------------------------------
Heart Disease and Stroke................................... 44,918
Diabetes................................................... 63,757
Cancer Prevention and Control.............................. 311,023
Arthritis and Other Chronic Diseases....................... 22,693
Tobacco.................................................... 105,858
Nutrition, Physical Activity, and Obesity.................. 41,939
Health Promotion........................................... 27,721
School Health.............................................. 56,760
Safe Motherhood/Infant Health.............................. 44,740
Oral Health................................................ 11,800
Prevention Centers......................................... 30,000
Steps to a Healthier U.S................................... 44,300
Racial and Ethnic Approach to Community Health (REACH)..... 34,605
Genomics................................................... 5,022
------------------------------------------------------------------------
Within the amount provided for Cancer Prevention and
Control the conference agreement includes $17,113,000 for
comprehensive cancer activities, including $100,000 for a
national education campaign concerning gynecologic cancer. The
conferees urge that the CDC coordinate this effort both with
the Office of Women's Health, within the Office of the
Secretary, and qualified non-profit private sector
organizations.
The conferees also reiterate their support for the CDC's
partnership with the Lance Armstrong Foundation and have
provided sufficient funds to continue support of the National
Cancer Survivorship Resource Center at not less than the fiscal
year 2005 level.
Within the amount provided for Arthritis and Other
Chronic Diseases, $7,762,000 is available for epilepsy
activities.
The conferees concur that the increase provided for
tobacco activities is for an enhanced counter-marketing program
to reduce underage tobacco use, as proposed by the Senate. The
conferees expect that this effort will be carried out by a
private sector organization that will match federal dollars at
least equally and has demonstrated effectiveness in this area.
The conferees understand that the Centers for Disease
Control and Prevention (CDC) is now the lead federal agency for
the National 5 A Day Program and that funding will be
transferred for fiscal year 2006 from the previous lead federal
agency, the National Cancer Institute, to CDC.
The conferees urge CDC to set up a 5 A Day Program with a
distinct program identity within its Division of Nutrition and
Physical Activity, and that this program receive the necessary
resources, both fiscal and designated full time equivalents
(FTEs), to ensure that the CDC provides national leadership,
strong technical assistance and training to State 5 A Day
programs, effective communications, and other activities to
encourage Americans to eat more fruits and vegetables and move
closer to meeting the recommendations of the 2005 Dietary
Guidelines for Americans.
The conferees encourage CDC to collaborate with the West
Virginia Department of Health and Human Resources to develop a
model obesity prevention program that could be replicated
nationwide.
The conferees provide the following amounts from within
funds provided for Community Health Promotion:
------------------------------------------------------------------------
($ in
Budget activity millions)
------------------------------------------------------------------------
Mind-Body Institute........................................ 1,800
Glaucoma................................................... 3,500
Visual Screening Education................................. 2,500
Alzheimer's Disease........................................ 1,650
Inflammatory Bowel Disease................................. 700
Interstitial Cystitis...................................... 690
Pioneering Healthier Communities (YMCA).................... 1,450
Kidney Disease............................................. 1,800
------------------------------------------------------------------------
The conferees concur with language in the Senate report
providing that $50,000 from within Oral Health be used to
develop an instructional video for school age children on the
harmful effects of excessive consumption of soft drinks.
Within the funds for Genomics, $2,546,000 is provided to
support and expand activities related to Primary Immune
Deficiency Syndrome implemented in the same manner as in fiscal
year 2005 and as outlined in the Senate report.
BIRTH DEFECTS
Within the amount available for Health Promotion, the
conference agreement includes $126,022,000 for birth defects,
developmental disabilities, disability and health instead of
$127,179,000 as proposed by the House and $125,815,000 as
proposed by the Senate.
Within the total, the following amounts are provided for
the specified activities:
------------------------------------------------------------------------
($ in
Budget activity millions)
------------------------------------------------------------------------
Folic Acid................................................. 2,300
Tourette Syndrome.......................................... 1,800
Early Hearing Detection and Intervention................... 6,600
Muscular Dystrophy......................................... 6,500
Special Olympics Healthy Athletes.......................... 5,700
Paralysis Resource Center (Christopher Reeve).............. 6,000
Spina Bifida............................................... 5,100
Autism..................................................... 15,300
------------------------------------------------------------------------
The conferees strongly support the activities of both the
National Folic Acid Education and Prevention Program and
National Spina Bifida Program and believe the activities are
complementary. The National Folic Acid Education Program's goal
is primary prevention through the promotion of the consumption
of folic acid to prevent Spina Bifida and other neural tube
defects. The National Spina Bifida Program works to improve the
quality of life for individuals affected by Spina Bifida and
reduce and prevent the occurrence of, and suffering from this
birth defect. The conferees have provided $7,400,000 for these
activities. In order to achieve budget transparency, prevent
any overlap of effort, ensure the continued proper balance
between primary prevention and quality of life activities, and
to maximize the effectiveness of these funds, the conferees
request that CDC develop a comprehensive strategic plan whose
goal is to establish a unified program to be housed in the
Human Development and Disability Division and to be prepared
toreport on the feasibility of such a unified program during fiscal
year 2007 budget hearings.
Within the amount for activities related to Duchenne and
Becker Muscular Dystrophy, $750,000 is to enhance the
coordinated education and outreach initiative through the
Parent Project Muscular Dystrophy. In addition, the conferees
concur in the directive in the Senate report for CDC to develop
and submit a strategic plan for the Duchenne and Becker
Muscular Dystrophy program by May 1, 2006.
Within the amount for Autism activities, $14,750,000 is
for surveillance and research and $550,000 is to continue and
expand the national autism awareness campaign.
Health Information and Service
The conference agreement includes $89,564,000 for Health
Information and Service, the same as proposed by the Senate.
The House had included $195,069,000. In addition, $134,235,000,
to be derived from section 241 evaluation set-aside funds, is
included to carry out National Center for Health Statistics
surveys, Public Health Informatics evaluations, and health
marketing evaluations.
Environmental Health and Injury Prevention
The conference agreement includes $287,733,000 for
Environmental Health and Injury Prevention activities, instead
of $285,721,000 as proposed by the House and $288,982,000 as
proposed by the Senate.
The conferees note that unless otherwise specified, the
sub-budget activity amounts provided for Environment Health and
Injury Prevention are at the levels recommended in the budget
request.
ENVIRONMENTAL HEALTH
Within the funds available for Environmental Health and
Injury Prevention, the conference agreement includes
$147,293,000 for environmental health instead of $147,483,000
as proposed by the House and $147,417,000 as proposed by the
Senate.
Within the total, $900,000 is provided to begin a
nationwide Amyotrophic Lateral Sclerosis (ALS) registry as
recommended in the Senate report.
The conferees also urge the CDC to maintain support for
the Environmental and Health Outcome Tracking Network and the
Landmine Survivor Network at not less than the fiscal year 2005
level.
INJURY PREVENTION AND CONTROL
Within the funds provided for Environmental Health and
Injury Prevention, the conference agreement includes
$140,440,000 for injury control, instead of $138,237,000 as
proposed by the House and $141,565,000 as proposed by the
Senate.
Within the total for injury prevention and control,
$105,083,000 is for intentional injury prevention activities,
including $24,379,000 for Youth Violence Prevention as outlined
in the Senate report (of which $12,028,000 is for youth
violence base funding), and not less than the fiscal year 2005
level is for the National Violent Death Reporting System.
In addition, $35,357,000 of the amounts for injury
prevention and control is for unintentional injury. The
conferees are agreed that sufficient funds are provided to
support the existing Injury Control Research Centers at not
less than the fiscal year 2005 level.
Occupational Safety and Health
The conference agreement provides a total program level
of $256,971,000 for occupational safety and health, instead of
$251,241,000 as proposed by the House and $257,121,000 as
proposed by the Senate. Within that amount, $87,071,000 is
available to carry out research tools and approaches activities
within the National Occupational Research Agenda (NORA) to be
derived from section 241 evaluation set-aside funds.
The conference agreement includes sufficient funds to
maintain staffing levels at the Morgantown facility as proposed
by the Senate.
Within the amount provided, $1,000,000 is for the
establishment of a National Mesothelioma Registry and Tissue
Bank as described in the Senate report. The conferees strongly
encourage NIOSH to work closely with the mesothelioma research
and patient community in developing the registry and tissue
bank to maximize the effectiveness of data collection and allow
researchers real time access to clinical data associated with
tissue specimens from the registry.
Organizations eligible to implement the registry and
tissue bank should have a demonstrated history of collaborative
mesothelioma research and experience working with, and access
to, the patient population. Eligible applicants should share
the goal of developing a cost-effective infrastructure and have
a data-sharing plan that will ensure the registry and tissue
bank will be used to expand scientific discovery and effective
treatments to benefit the mesothelioma research and patient
community.
The agreement also includes $150,000 above the budget
request to expand support for the existing NIOSH Education and
Research Centers.
In addition, the conferees have included sufficient funds
for implementation of the Miners' Choice Health Screening
Program at two or more sites in fiscal year 2006. This program
was initiated in the Department of Labor to encourage all
miners to obtain free and confidential chest x-rays to obtain
more data on the prevalence of Coal Workers' Pneumonconiosis in
support of development of new respirable coal dust rules.
GLOBAL HEALTH
The conference agreement provides $313,340,000 for Global
Health activities, instead of $309,076,000 as proposed by the
House and $313,227,000 as proposed by the Senate.
Within the total:
$123,883,000 is for Global HIV/AIDS;
$144,455,000 is for Global Immunization, including
$101,254,000 for Polio Eradication and $43,201,000 for other
global immunization activities;
$9,113,000 is for Global Malaria; and
$33,503,000 is for Global Disease Detection.
The conferees note, that subsequent to House action,
$5,214,000 was reallocated from the domestic immunization
program to Global Immunization activities. This reallocation
more accurately reflects immunization program levels prior to
CDC's recent reorganization.
PUBLIC HEALTH RESEARCH
The conference agreement includes $31,000,000, to be
derived from section 241 evaluation set-aside funds, for Public
Health Research.
PUBLIC HEALTH IMPROVEMENT AND LEADERSHIP
The conference agreement includes $206,535,000 for Public
Health Improvement and Leadership instead of $258,541,000 as
proposed by the House and $344,055,000 as proposed by the
Senate.
Within the total, $7,930,000 is included for a Director's
Discretionary Fund to support activities deemed by the Director
as having high scientific and programmatic priority and to
respond to emergency public health requirements. The conferees
concur with language in the Senate report regarding the
Director's authority to reallocate management savings to the
Director's Discretionary Fund upon notification of the
Committees on Appropriations in the House and Senate.
PREVENTIVE HEALTH SERVICES BLOCK GRANT
The conference agreement includes $100,000,000 for the
Preventive Health Services Block Grant, the same as proposed by
the Senate and the House.
TERRORISM AND PUBLIC HEALTH PREPAREDNESS
The conference agreement includes $1,593,189,000 for
activities related to terrorism and public health preparedness,
instead of $1,616,723,000 as proposed by the House and
$1,566,471,000 as proposed by the Senate.
Within the total, $831,994,000 is for Upgrading State and
Local Capacity; $137,972,000 is for Upgrading CDC Capacity;
$14,000,000 is for Anthrax Studies; $79,223,000 is for the
Biosurveillance Initiative; and $530,000,000 is for the
Strategic National Stockpile.
Of the funds available for Upgrading State and Local
Capacity, the conference agreement includes: $768,695,000 for
bioterrorism cooperative agreements; $31,000,000 for Centers
for Public Health Preparedness; and $5,400,000 for Advanced
Practice Centers.
BUSINESS SERVICES SUPPORT
The conference agreement includes $296,119,000 for
Business Services Support, as proposed by the Senate. The House
had provided $298,515,000 for this purpose.
The conferees concur with language in the Senate report
regarding the Director's authority to reallocate savings that
result from efficiencies gained in business services support to
the Director's Discretionary Fund upon notification of the
Committees on Appropriations in the House and Senate.
The conferees also request that CDC continue to include
at least the level of detail provided in past years in the
Justification of Estimates for the Appropriations Committees,
including the functional tables for each budget activity, the
mechanism table by activity, and the crosswalks of funding
between programs and CDC organizations.
The conferees also request that the CDC prepare and
submit a report to the House and Senate Committees on
Appropriations detailing intramural and extramural funding
splits by sub-budget activity by no later than March 1, 2006.
The report should include actual splits for fiscal years 2004
and 2005, as well as estimates for fiscal years 2006 and 2007.
The conferees continue to support partnerships between
CDC and the minority health professions community.
National Institutes of Health
NATIONAL CANCER INSTITUTE
The conference agreement includes $4,841,774,000 for the
National Cancer Institute as proposed by the House instead of
$4,960,828,000 as proposed by the Senate.
The conferees urge the NCI to respond to the Bladder and
Kidney Research Progress Review Group report and encourage
appropriate funding for bladder and kidney cancer research.
NATIONAL HEART, LUNG AND BLOOD INSTITUTE
The conference agreement includes $2,951,270,000 for the
National Heart, Lung and Blood Institute as proposed by the
House instead of $3,023,381,000 as proposed by the Senate.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
The conference agreement includes $393,269,000 for the
National Institute of Dental and Craniofacial Research as
proposed by the House instead of $405,269,000 as proposed by
the Senate.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
The conference agreement includes $1,722,146,000 for the
National Institute of Diabetes and Digestive and Kidney
Diseases as proposed by the House instead of $1,767,919,000 as
proposed by the Senate. An amount of $150,000,000 is also
available to the Institute through a permanent appropriation
for juvenile diabetes.
The conferees urge NIDDK to continue to support and
develop the ``Urologic Diseases in America'' report and to
include urological complications as well as diabetes and
obesity research initiatives. The conferees further encourage
the Institute to continue the Urinary Incontinence Treatment
Network and to convene an external strategic planning group to
develop future urology clinical trials. The conferees also
encourage the Institute to convene a Strategic Planning Group
to make recommendations on basic and clinical research in men's
health, including the development of biomarkers to distinguish
benign prostatic hyperplasia from prostate cancer.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
The conference agreement includes $1,550,260,000 for the
National Institute of Neurological Disorders and Stroke as
proposed by the House instead of $1,591,924,000 as proposed by
the Senate.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $4,459,395,000 for the
National Institute of Allergy and Infectious Diseases instead
of $4,359,395,000 as proposed by the House and $4,547,136,000
as proposed by the Senate.
The conference agreement includes bill language
permitting the transfer of $100,000,000 to International
Assistance Programs, Global Fund to Fight HIV/AIDS, Malaria,
and Tuberculosis as proposed by the Senate. The House bill did
not permit a transfer.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
The conference agreement includes $1,955,170,000 for the
National Institute of General Medical Sciences as proposed by
the House instead of $2,002,622,000 as proposed by the Senate.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
The conference agreement includes $1,277,544,000 for the
National Institute of Child Health and Human Development as
proposed by the House instead of $1,310,989,000 as proposed by
the Senate.
NATIONAL EYE INSTITUTE
The conference agreement includes $673,491,000 for the
National Eye Institute as proposed by the House instead of
$693,559,000 as proposed by the Senate.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The conference agreement includes $647,608,000 for the
National Institute of Environmental Health Sciences as proposed
by the House instead of $667,372,000 as proposed by the Senate.
The conferees urge NIEHS to work with CDC and expert
independent researchers on research that could identify or rule
out any association between thimerosal exposure in pediatric
vaccines and increased rates of autism. The conferees believe
that the Vaccine Safety Datalink (VSD), a CDC-constructed
database that follows 7 million immunized children from 1990 to
present, could be helpful in the research, especially regarding
pre-2001 VSD data and post-2000 VSD data, since thimerosal was
removed from most childhood vaccines in 2001. The conferees
urge NIEHS and CDC to organize a workshop by May 2006 to
explore the research possibilities and scientific feasibility
of such a study and report back to the House and Senate
Appropriations Committees soon after.
NATIONAL INSTITUTE ON AGING
The conference agreement includes $1,057,203,000 for the
National Institute on Aging as proposed by the House instead of
$1,090,600,000 as proposed by the Senate.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
The conference agreement includes $513,063,000 for the
National Institute of Arthritis and Musculoskeletal and Skin
Diseases as proposed by the House instead of $525,758,000 as
proposed by the Senate.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS
The conference agreement includes $397,432,000 for the
National Institute on Deafness and Other Communication
Disorders as proposed by the House instead of $409,432,000 as
proposed by the Senate.
NATIONAL INSTITUTE OF NURSING RESEARCH
The conference agreement includes $138,729,000 for the
National Institute of Nursing Research as proposed by the House
instead of $142,549,000 as proposed by the Senate.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
The conference agreement includes $440,333,000 for the
National Institute on Alcohol Abuse and Alcoholism as proposed
by the House instead of $452,271,000 as proposed by the Senate.
NATIONAL INSTITUTE ON DRUG ABUSE
The conference agreement includes $1,010,130,000 for the
National Institute on Drug Abuse as proposed by the House
instead of $1,035,167,000 as proposed by the Senate.
The conferees encourage NIDA to move expeditiously on a
cooperative research and development agreement (CRADA)
regarding the use of vigabatrin for the treatment of cocaine
and methamphetamine addiction.
NATIONAL INSTITUTE OF MENTAL HEALTH
The conference agreement includes $1,417,692,000 for the
National Institute of Mental Health as proposed by the House
instead of $1,460,393,000 as proposed by the Senate.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
The conference agreement includes $490,959,000 for the
National Human Genome Research Institute as proposed by the
House instead of $502,804,000 as proposed by the Senate.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
The conference agreement includes $299,808,000 for the
National Institute of Biomedical Imaging and Bioengineering as
proposed by the House instead of $309,091,000 as proposed by
the Senate.
NATIONAL CENTER FOR RESEARCH RESOURCES
The conference agreement includes $1,110,203,000 for the
National Center for Research Resources instead of
$1,100,203,000 as proposed by the House and $1,188,079,000 as
proposed by the Senate.
The conference agreement does not include bill language
to earmark extramural facilities construction grants, as
proposed by the House. The Senate bill proposed $30,000,000 for
this purpose.
The conference agreement provides $326,000,000 from NCRR
and Roadmap funds for general clinical research centers and the
clinical and translational science awards (CTSA) combined. The
Senate provided $327,000,000 for the combined awards; the House
did not include similar language. As indicated in the Senate
report, the total number of awards for the combined programs
should remain at 79 in fiscal year 2006. When making the CTSA
awards, consideration must be given to the units and functions
currently carried out through the MO1 mechanism.
The conference agreement provides $222,208,000 for the
Institutional Development Award (IdeA) program, as proposed by
the House. The Senate had included $230,000,000 for this
program.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
The conference agreement includes $122,692,000 for the
National Center for Complementary and Alternative Medicine as
proposed by the House instead of $126,978,000 as proposed by
the Senate.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
The conference agreement includes $197,379,000 for the
National Center on Minority Health and Health Disparities as
proposed by the House instead of $203,367,000 as proposed by
the Senate.
JOHN E. FOGARTY INTERNATIONAL CENTER
The conference agreement includes $67,048,000 for the
John E. Fogarty International Center as proposed by the House
instead of $68,745,000 as proposed by the Senate.
NATIONAL LIBRARY OF MEDICINE
The conference agreement provides $318,091,000 for the
National Library of Medicine as proposed by the House instead
of $327,222,000 as proposed by the Senate. In addition,
$8,200,000 is provided from section 241 authority as proposed
by both the House and Senate.
Office of the Director
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $482,895,000 for the
Office of the Director instead of $482,216,000 as proposed by
the House and $487,434,000 as proposed by the Senate.
The conference agreement includes bill language
permitting the Office of AIDS Research (OAR) to use its funding
to make grants for construction or renovation of facilities, as
provided for in section 2354(a)(5)(B) of the Public Health
Service Act. This language was not included in either the House
or Senate bill. The conferees support the efforts of OAR to
expand a breeding colony that will serve as a new national
resource to breed non-human primates for AIDS research. The
conferees understand that this breeding colony is designed to
represent a collaboration of several National Primate Research
Centers (NPRCs). These resources will further the progress in
identifying approaches to halt the transmission of HIV, slow
disease progression, and treat those who are HIV-infected both
in the United States and globally.
The conference agreement includes bill language
identifying $97,000,000 for biodefense countermeasures that was
not included in either the House or Senate bill. The House and
Senate both included report language identifying $97,021,000
for this purpose.
The conferees believe, that to the extent resources
allow, NIH should follow its cost management plan principles,
which will help NIH continue to maintain the purchasing power
of the research in which it invests. The Senate indicated that
sufficient funds were included to fully pay committed levels on
existing grants and to provide a 3.2 percent increase in the
average cost of new grants. The House did not include a similar
provision.
The conferees encourage NCI, NIDDK and NIBIB to conduct a
multi-institute study focusing on: developing information on
the history of polyps, including size and other histopathologic
characteristics, which may serve as indicators of future
colorectal cancer; the extent to which polyps can be monitored
including colonoscopic and colonography or other screening
techniques; and the optimal time in the course of polyp
development when removal becomes essential to minimize the
onset of colorectal cancer.
The conferees are disappointed that the director of NIH
has not yet responded to the recommendations of the ACD working
group on research opportunities in the basic behavioral
sciences. The conferees urge the director of NIH, in
consultation with senior IC leadership and the OBSSR, to
develop a structural framework for managing support of NIH
basic behavioral science research. This framework should
include a division of portfolio and funding responsibility
among the affected ICs, and should encourage co-funded trans-
Institute research initiatives. The conferees request a report
to the House and Senate Appropriations Committees describing
the new framework and its relationship to the Office of
Portfolio Analysis and Strategic Initiatives by May 1, 2006.
BUILDINGS AND FACILITIES
The conference agreement includes $81,900,000 for
buildings and facilities as proposed by the House instead of
$113,626,000 as proposed by the Senate.
The conference agreement does not include bill language
granting full scope authority for the contracting of
construction of the first and second phases of the John E.
Porter Neurosciences Building as proposed by the Senate. The
House bill contained no similar provision.
Substance Abuse and Mental Health Services Administration
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
The conference agreement includes $3,359,116,000 for
substance abuse and mental health services, of which
$3,237,813,000 is provided through budget authority and
$121,303,000 is provided through the evaluation set-aside. The
House bill proposed $3,352,047,000 for SAMHSA, of which
$121,303,000 was from the evaluation set-aside and the Senate
bill proposed $3,398,086,000, of which $123,303,000 was from
the evaluation set-aside. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
Within the total provided, the conference agreement
includes funding at no less than the fiscal year 2005 level, as
proposed by the House, for activities throughout SAMHSA that
are targeted to address the growing HIV/AIDS epidemic and its
disparate impact on communities of color, including African
Americans, Latinos, Native Americans, Asian Americans, Native
Hawaiians, and Pacific Islanders. The Senate did not include
similar language.
Within the total provided, the conference agreement also
includes funding at no less than the fiscal year 2005 level for
activities throughout SAMHSA addressing the needs of the
homeless as proposed by the Senate. The House did not include
similar language. Specifically, the conference agreement has
provided funding at last year's level for programs directed at
chronic homelessness and for programs directed at providing
mental health and substance abuse treatment services to
homeless individuals.
Center for Mental Health Services
The conference agreement includes $265,922,000 for
programs of regional and national significance instead of
$253,257,000 as proposed by the House and $287,297,000 as
proposed by the Senate.
Within the total provided, the conference agreement
provides no less than last year's level of funding,
$94,240,000, for programs for prevention of youth violence,
including the Safe Schools/Healthy Students interdepartmental
program, as proposed by the Senate. The House included
$84,000,000 for these programs. The conferees expect the
Substance Abuse and Mental Health Services Administration to
collaborate with the Departments of Education and Justice to
continue a coordinated approach.
For programs addressing youth suicide prevention, the
conference agreement includes $23,000,000 for State and campus-
based programs as proposed by the Senate rather than $8,444,000
as proposed by the House, and $4,000,000 for the National
Suicide Prevention Resource Center rather than $2,976,000 as
proposed by the House and $3,976,000 as proposed by the Senate.
In addition, no less than the amount provided in fiscal year
2005 should be allocated for the Suicide Prevention Hotline
program and mental health screening demonstrations, as proposed
by the Senate. The House report did not contain similar
language.
The conference agreement includes $29,760,000 for the
National Child Traumatic Stress Initiative as proposed by the
House. The Senate did not include similar language.
The conference agreement provides $26,000,000 for the
State incentive grants for transformation as proposed by both
the House and Senate. These competitive grants will support the
development of comprehensive State mental health plans and
improve the mental health services infrastructure.
The conference agreement provides no less than the level
allocated in fiscal year 2005 for grants for jail diversion
programs as proposed by the House. The Senate did not include
similar language.
The conference agreement provides the current level of
funding for the consumer and consumer-supporter national
technical assistance centers as proposed by the Senate. The
conferees direct the Center for Mental Health Services to
support multi-year grants to fund five such national technical
assistance centers. The House did not include similar language.
The conferees request the Substance Abuse and Mental
Health Services Administration to provide a report by May 1,
2006 on efforts to strengthen parenting and enhance child
resilience in the face of adversity, as described in the Senate
report. The House did not include similar language.
The conference agreement provides the same level of
funding as was provided in fiscal year 2005 for the elderly
treatment and outreach program as proposed by both the House
and Senate.
The conference agreement includes $432,756,000 for the
mental health block grant, which includes $21,803,000 from the
evaluation set-aside, the same levels as proposed by both the
House and the Senate. Included in the agreement is bill
language transferring the State Infrastructure Planning Grants
activity from the mental health programs of regional and
national significance to the mental health block grant set-
aside, as proposed by the House. The Senate proposed to
continue to fund this activity through the programs of regional
and national significance.
Center for Substance Abuse Treatment
The conference agreement includes $402,935,000 for
programs of regional and national significance, which includes
$4,300,000 from the evaluation set-aside, instead of
$409,431,000 as proposed by the House and $412,091,000 as
proposed by the Senate. Both the House and Senate bills
included the evaluation set-aside at $4,300,000.
Within funds provided, $99,200,000 is for the Access to
Recovery program as proposed by the House rather than
$100,000,000 as proposed by the Senate. The conferees expect
that addictive disorder clinical treatment providers
participating in the Access to Recovery program meet the
certification, accreditation, and/or licensing standards
recognized in their respective States as proposed by the House.
The Senate included similar language, but added the phrase,
``and their respective staff.''
The conference agreement provides $10,500,000 for
treatment programs for pregnant, postpartum and residential
women and their children rather than $11,000,000 as proposed by
the Senate. Within these funds, no less than last year's level
shall be used for the residential treatment program for
pregnant and postpartum women in fiscal year 2006 authorized
under section 508 of the Public Health Service Act. The House
did not include similar language.
The conference agreement includes $8,166,000 to maintain
the funding at the fiscal year 2005 level for the Addiction
Technology Transfer Centers as proposed by both the House and
Senate.
The conferees understand that the National Institute for
Alcohol Abuse and Alcoholism recently published an updated 2005
edition of its clinician's guide for treating patients who have
alcohol abuse problems, titled ``Helping Patients Who Drink Too
Much.'' The guide includes new information on expanded options
for treating alcohol dependent patients, including a section on
approved medications. The conferees urge the Center for
Substance Abuse Treatment, in conjunction with its Science to
Services agenda, to launch a counselor education initiative to
inform physicians and program staff in the substance abuse
community about the guide's treatment recommendations for
alcohol dependence, including pharmacotherapy options.
As part of the $4,300,000 set-aside to evaluate substance
abuse treatment programs, the conferees encourage the Substance
Abuse and Mental Health Services Administration to determine
the most effective way to maximize the number of qualified
doctors who utilize buprenorphine in the office-based treatment
of their opiate-addicted patients, as authorized by the Drug
Addiction Treatment Act of 2000.
Center for Substance Abuse Prevention
The conference agreement includes $194,850,000 for
programs of regional and national significance instead of
$194,950,000 as proposed by the House and $202,289,000 as
proposed by the Senate.
Within the funds provided, the conference agreement
includes $4,000,000, as proposed by the Senate, for the Center
for Substance Abuse Prevention (CSAP) to continue to fund
grants aimed at expanding the capacity of health care and
community organizations to address methamphetamine abuse. The
House did not include similar language.
The conference agreement provides $850,000 for the third
year of funding for the Advertising Council's parent-oriented
media campaign to combat underage drinking as proposed by the
Senate. The House proposed to fund the third year of this
campaign through the Office of the Secretary.
The conferees expect the Substance Abuse and Mental
Health Services Administration (SAMHSA) to ensure that grantees
within the strategic prevention framework State incentive grant
program do not fund duplicative sub-State anti-drug coalition
infrastructures, but utilize those already functioning and
funded by programs such as the Drug Free Communities program.
The conferees are concerned that consolidating the
successful efforts that were pioneered by CSAP across all three
of the Centers at SAMHSA will result in a dilution of the
funding and emphasis on substance abuse prevention. The
conferees expect SAMHSA to maintain substance abuse prevention
as its highest priority for emphasis in both the National
Registry of Effective Programs and Practices (NREPP) and the
SAMHSA Health Information Network (SHIN). The conferees expect
SAMHSA to report in its fiscal year 2007 congressional
justification on how substance abuse prevention is being
maintained as the highest priority for emphasis in both NREPP
and SHIN.
Program Management
The conference agreement includes $92,817,000 for program
management, of which $16,000,000 is provided through the
evaluation set-aside. The House bill proposed $91,817,000 with
a $16,000,000 evaluation set-aside and the Senate bill proposed
$93,817,000 with an $18,000,000 evaluation set-aside.
The conference agreement includes $1,000,000 to expand on
the collaborative effort by the Substance Abuse and Mental
Health Services Administration and the Centers for Disease
Control and Prevention to establish a population-based source
of data on the mental and behavioral health needs in this
country, rather than $2,000,000 as proposed by the Senate. The
House did not provide funding for this activity.
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
The conference agreement includes $318,695,000 as
proposed by the House instead of $323,695,000 as proposed by
the Senate. The agreement makes these funds available through
the policy evaluation set-aside as proposed by the Senate. The
House had provided budget authority.
The conference agreement includes bill language proposed
by the Senate limiting the funds to be spent on health care
information technology to no more than $50,000,000. The House
bill did not contain similar language. The conferees note that
AHRQ has planned activities relating to patient safety, such as
clinical terminology and messaging standards that have a large
health information technology component. The conferees do not
intend these activities as counting toward the $50,000,000 for
the Health Care Information Technology program.
The conferees provide $15,000,000 within the total
provided for AHRQ for clinical effectiveness research as
proposed by the House. The Senate included $20,000,000 for this
purpose. This type of research can help improve the quality,
effectiveness and efficiency of health care, thereby reducing
costs while still improving quality of care. The conferees urge
AHRQ to ensure broad access to its findings in this research.
In addition, the conferees encourage AHRQ to continue
conducting high quality, comprehensive research studies in this
area, building upon the priority list of conditions it
identified in fiscal year 2005 and conducting research in
additional areas such as organization, delivery and management
of health care items and services.
The conferees are pleased with AHRQ's efforts to include
bedside medication bar-coding as a component of its health
information technology grants, particularly for those grants in
rural areas. The conferees understand that almost ten percent
of the funding for health information technology grants is
allocated to rural projects with a bar-coding component. The
conferees encourage AHRQ to increase its awards in this area
since bar-coding has been shown to have a substantial effect on
preventable errors in adverse drug events.
Centers for Medicare and Medicaid Services
PAYMENTS TO THE HEALTH CARE TRUST FUNDS
The conference agreement provides $177,742,200,000 for
the payment to the Health Care Trust Funds as proposed by the
House rather than $177,822,200,000 as proposed by the Senate.
PROGRAM MANAGEMENT
The conference agreement includes $3,170,927,000 for
program management instead of $3,180,284,000 as proposed by the
House and$3,181,418,000 as proposed by the Senate. An
additional appropriation of $720,000,000 has been provided for the
Medicare Integrity Program through the Health Insurance Portability and
Accountability Act of 1996.
The conferees encourage CMS to consider using $3,000,000
of the funds provided through the Medicare Integrity Program to
study and demonstrate the use of data fusion technology that
enables accurate linkages between data records across large,
disparate databases in near-real time using public records,
commercial data and complete CMS data sets to help prevent, and
determine instances of, fraud, waste and abuse.
The conference agreement includes $58,000,000 for
research, demonstration, and evaluation instead of $65,000,000
as proposed by the House and $83,494,000 as proposed by the
Senate. Within the total provided, the conference agreement
provides $25,000,000 for Real Choice Systems Change Grants to
States. The Senate provided $40,000,000 for these grants. The
House did not provide funding for them.
The conferees are pleased with the demonstration project
at participating sites licensed by the Program for Reversing
Heart Disease and encourage its continuation. The conferees
further urge CMS to continue the demonstration project being
conducted at the Mind Body Institute of Boston, Massachusetts.
The conferees are very pleased with the ongoing efforts
of CMS to address the seriously adverse health status of Native
Hawaiians and American Samoans residing in the geographical
area of the Waimanalo Health Center. The conferees urge CMS to
consider waivers for rural or isolated area demonstration
projects when calculating such requirements as population
density in the State of Hawaii and are particularly pleased
with the University of Hawaii's efforts to provide necessary
health care in rural Hilo.
The conferees encourage CMS to conduct a national, three-
year demonstration project to identify effective Medication
Therapy Management Program (MTMP) models for Medicare Part D
enrollees. The demonstration project should emphasize evidence-
based prescribing, prospective medication management,
technological innovation and outcomes reporting and should be
capable of implementation on a large scale.
The conference agreement includes $2,172,987,000 for
Medicare operations as proposed by the House instead of
$2,184,984,000 as proposed by the Senate.
The conference agreement includes bill language proposed
by the Senate making up to an additional $32,500,000 available
to CMS for Medicare claims processing if the volume of claims
exceeds particular thresholds. The House bill did not contain
similar language.
The conference agreement does not include bill language
proposed by the Senate directing the Secretary to send a notice
to Medicare beneficiaries by January 1, 2006, notifying them of
an error in the annual notice that had previously been mailed
to them. The House bill did not contain similar language. The
conferees are very concerned about the incorrect information on
the new Medicare prescription drug plan that was inadvertently
sent to beneficiaries. The conferees request that by no later
than March 1, 2006, CMS report to the House and Senate
Appropriations Committees a comprehensive summary of the
actions taken to correct errors in the ``Medicare & You 2006''
handbook that was mailed to beneficiaries in October 2005. The
conferees further direct that any notices to beneficiaries
regarding the handbook error clearly state that the guidebook's
tables on the levels of premium assistance were in error and
that beneficiaries have until May 15, 2006 to enroll in a plan.
The conference agreement does not include general
provision language proposed by the House that would prohibit
funds being used to place social security numbers on ID cards
issued to Medicare beneficiaries. The agreement also does not
include general provision language proposed by the Senate that
directs the Secretary to issue a report by June 30, 2006
describing plans to change the numerical identifier used for
Medicare beneficiaries. The conferees consider this issue to be
one of the utmost urgency and expect the Secretary to
accelerate ongoing plans to convert the beneficiary
identifiers.
The conference agreement provides $655,000,000 for
Federal administration instead of $657,357,000 as proposed by
the House and $628,000,000 as proposed by the Senate.
The conferees urge CMS to carefully review its decision
to cut Medicare funding for second-year, specialized pharmacy
residency programs, which provide specialized training to
medication use experts in areas like geriatrics, oncology, and
critical care. CMS should take into account new data submitted
by national pharmacist associations and provide a full report
to the House and Senate Committees within three months
describing the agency's rationale for any decision that results
in these programs remaining unfunded.
The conferees are concerned about the recent data
published by CMS showing that less than one-third of Medicare
beneficiaries eligible for diabetes self-management training
(DSMT) are receiving the care and instruction they need. The
conferees urge CMS to consider removing barriers for certified
diabetes educators to providing DSMT to Medicare beneficiaries,
including but not limited to the addition of Medicare coverage
for the provision of such services, and to identify strategies
for evaluating the effectiveness of diabetes education
inimproving the self-care of people with diabetes and in reducing risk
factors for diabetes.
The conferees are concerned with the unprecedented
increase in autism diagnoses over the past two decades and its
effect on the Medicaid program. As more young children reach
adolescence and adulthood, the need for home-based as well as
out-of-home, residential services will increase. The conferees
encourage CMS to facilitate the expansion and availability of
respite care to families with autism. The conferees also
encourage CMS to work with States to design geographically-
based demonstrations allowing for greater concentration of
resources for home-based assistance and respite care.
The conferees urge CMS to promulgate regulations
providing the option of direct access to licensed audiologists
under similar terms and conditions used by the Department of
Veterans Affairs and the Office of Personnel Management. The
Department of Veterans Affairs reports that direct access
provides high quality, efficient, and cost-effective hearing
care. If CMS does not believe it has the current legal
authority to make such a change, CMS should provide a written
report to the House and Senate Appropriations Committees by
April 1, 2006 detailing the legal reasoning for this position.
HEALTH CARE FRAUD AND ABUSE CONTROL
The conference agreement does not include funding for
this new account as proposed by the House. The Senate had
provided $80,000,000 for this activity.
Administration for Children and Families
LOW-INCOME HOME ENERGY ASSISTANCE
The conference agreement provides $2,183,000,000 for low-
income home energy assistance as proposed by the Senate instead
of $2,006,799,000 as proposed by the House. Of the amount
provided $2,000,000,000 is provided for formula grants to
States. The House bill proposed the full amount for State
formula grants and the Senate bill proposed $1,883,000,000.
Within the funds available, $27,500,000 is included for the
leveraging incentive fund as proposed by the Senate. The House
did not include funding for the leveraging incentive fund. As
proposed by the House, the conference agreement does not
include funding within State formula grants for a feasibility
study. The Senate proposed $500,000 for this activity.
The conference agreement includes $183,000,000 for the
contingency fund to be available through September 30, 2006.
The Senate bill proposed $300,000,000 for the emergency fund
and designated those funds as an emergency. The House did not
propose funding for either the contingency or emergency fund.
Together with the $20,350,000 still available in the emergency
fund appropriated in fiscal year 2005, the total amount
available in fiscal year 2006 to respond to heating and cooling
emergencies is $203,350,000.
The conferees expect the appropriation provided for the
contingency fund to be released, in full, prior to September
30, 2006. Given the forecasts of the costs associated with home
heating this winter, the conferees anticipate that States will
experience energy emergency conditions that will require
additional Federal support that is available through the
contingency fund.
REFUGEE AND ENTRANT ASSISTANCE
The conference agreement includes $575,579,000 for the
refugee and entrant assistance programs rather than
$560,919,000 as proposed by the House and $571,140,000 as
proposed by the Senate. The conference agreement does not
include funds for any of these activities through emergency
funding. The Senate bill provided $19,100,000 within the total
as emergency funding; the House bill did not include emergency
funding for these activities. The detailed table at the end of
this joint statement reflects the activity distribution agreed
to by the conferees.
The conference agreement includes $268,229,000 for the
transitional and medical services program. The House included
$264,129,000 for this program. The Senate provided $264,129,000
through regular appropriations and $4,100,000as an emergency
for this program. The conference agreement does not include emergency
funding for this program. It is the intention of the conferees that the
level provided would allow for assistance to eligible individuals
during their first eight months in the United States.
The conference agreement provides $155,560,000 for social
services, rather than $160,000,000 as proposed in the House and
$151,121,000 as proposed by the Senate. Within the funds
provided, the conference agreement includes $19,000,000 as
outlined in the House report. The Senate did not include
similar language. The conferees intend that funds provided
above the request for social services shall be used for refugee
school impact grants and for additional assistance in
resettling and meeting the needs of the Hmong refugees expected
to arrive during 2006 and 2007 or for other urgent needs.
The conference agreement provides $78,083,000 for the
unaccompanied minors program. The House bill proposed
$63,083,000 for this program. The Senate provided $63,083,000
through regular appropriations and $15,000,000 as an emergency
for this program. The conference agreement does not include
emergency funding for this program. The conferees direct the
Secretary of Health and Human Services to issue a report by no
later than one year after the date of enactment of this Act on
progress made by the Office of Refugee Resettlement and
programs funded under this Act to shift children to more child-
centered, age-appropriate, small group, home-like environments
for unaccompanied children in its custody.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
The conference agreement includes $2,082,910,000 for the
child care and development block grant, the same level as both
the House and Senate bills. The conference agreement includes
several specified funding recommendations within the total at
levels proposed by the House rather than at the funding levels
proposed by the Senate.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSION OF FUNDS)
The conference agreement includes $8,932,713,000 for
children and families services programs, of which $10,500,000
is provided through the evaluation set-aside. The House bill
proposed $8,701,207,000 for these programs with $12,500,000
from the evaluation set-aside and the Senate proposed
$9,036,453,000 with $10,500,000 from the evaluation set-aside.
The detailed table at the end of this joint statement reflects
the activity distribution agreed to by the conferees.
Head Start
The conference agreement includes $6,843,114,000 for Head
Start rather than $6,899,000,000 as proposed by the House and
$6,863,114,000 as proposed by the Senate. The agreement
includes $1,388,800,000 in advance funding, the same level as
proposed by the Senate. The House bill proposed $1,400,000,000
for advance funding.
To enable the establishment of a panel of independent
experts under the National Academy of Sciences to review and
provide guidance on appropriate outcomes and assessments for
young children, the conferees provide $1,000,000, within the
total for Head Start, for the National Academy of Sciences.
The conference agreement includes, as a general
provision, a limitation against the use of funds for Head Start
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, as proposed by the House. The Senate did
not include a similar provision.
The conference agreement includes two general provisions
relating to waiving requirements of regulations promulgated
under the Head Start Act for transporting children enrolled in
either Head Start or Early Head Start. The Senate bill included
one general provision regarding this issue, but used different
language than is included in the conference agreement. The
House included report language pertaining to transportation
waivers for this program.
Consolidated runaway and homeless youth program
The conference agreement includes $88,724,000 for the
consolidated runaway and homeless youth program, the same level
as proposed by the Senate, rather than $88,728,000 as proposed
by the House.
Child abuse discretionary activities
The conference agreement includes $26,040,000 for child
abuse discretionary programs instead of $31,645,000 as proposed
by the House and $31,640,000 as proposed by the Senate.
Adoption incentive
The conference agreement includes $18,000,000 for the
adoption incentive program rather than $31,846,000 as proposed
by the House and $22,846,000 as proposed by the Senate. Actual
bonus payments to States for fiscal year 2005 were less than
amounts previously estimated, therefore, of the funds provided
in fiscal year 2005 and made available through fiscal year
2006, the conference agreement rescinds $22,500,000. Neither
the House nor the Senate proposed rescinding funds from this
program.
Compassion capital fund
The conference agreement includes $65,000,000 for the
compassion capital fund rather than $75,000,000 as proposed by
the House and $95,000,000 as proposed by the Senate. Prior to
advertising the availability of funds for any grant for the
youth gang prevention initiative, the conferees request that
the Department of Health and Human Services brief the House and
Senate Committees on Appropriations regarding the planned use
of these funds.
Social services and income maintenance research
The conference agreement includes $11,927,000 for social
services and income maintenance research, of which $6,000,000
is provided through the evaluation set-aside. The House
proposed $10,621,000 for this program, of which $8,000,000 was
funded through the evaluation set-aside and the Senate proposed
$32,012,000, of which $6,000,000 was from the evaluation set-
aside.
The conferees note that efforts undertaken through the
State information technology consortium have led to greatly
improved systems communications and compliance in both the TANF
and child support enforcement (CSE) programs. For TANF, the
conferees have provided $2,000,000 to permit States to utilize
uniquely designed web-based technology to improve benefit
delivery and fulfill new Federal reporting requirements. For
CSE, the conferees have provided $3,000,000 to continue the
consortium's efforts to improve data exchange between CSE and
the courts in ways that will significantly reduce the time lag
between court orders and enforcement/collections activities.
Developmental disabilities
Within developmental disabilities programs, the
conference agreement includes $39,109,000 for protection and
advocacy services as proposed by the Senate instead of
$38,109,000 as proposed by the House.
The conference agreement also includes $15,879,000 for
voting access for individuals with disabilities rather than
$14,879,000 as proposed by the House and $30,000,000 as
proposed by the Senate. Within the funds provided, $11,000,000
is for payments to States to promote access for voters with
disabilities and $4,879,000 is for State protection and
advocacy systems.
As proposed by both the House and Senate, the conference
agreement provides $11,529,000 for the developmental
disabilities projects of national significance. Within this
amount, $4,000,000 is to expand activities of the Family
Support Program, as proposed by the Senate. The House did not
include similar language.
Community services
The conference agreement includes $636,793,000 for the
community services block grant (CSBG) as proposed by the Senate
rather than $320,000,000 as proposed by the House. The
conferees concur with language included in the Senate report
that the Office of Community Services (OCS) release funding to
States in the timeliest manner and that States make funds
available promptly to local eligible entities. In addition, the
conferees expect OCS to inform State CSBG grantees of any
policy changes affecting carryover funds within a reasonable
time after the beginning of the Federal fiscal year. The House
did not include similar language.
As proposed by both the House and Senate, the conference
agreement includes $32,731,000 for community economic
development. The conferees concur with language included in the
Senate report that appropriated funds be allocated, to the
maximum extent possible, in the form of grants to qualified
community development corporations in order to maximize the
leveraging power of the Federal investment and the number and
the amount of set-asides should be reduced to the most minimal
levels. The House did not include similar language.
The conference agreement includes $7,367,000 for rural
community facilities instead of $7,242,000 as proposed by the
House and $7,492,000 as proposed by the Senate. The conferees
intend that the increase provided for the Rural Community
Facilities program be used to provide additional funding to the
six regional RCAPs.
The conference agreement does not include funding for the
National Youth Sports program as proposed by the House. The
Senate proposed $10,000,000 for this program.
The conference agreement does not include funding for
community food and nutrition as proposed by the House. The
Senate proposed $7,180,000 for this program.
Independent living training vouchers
The conference agreement includes $46,623,000 for
independent living training vouchers as proposed by the Senate
instead of $50,000,000 as proposed by the House.
Community-based abstinence education
The conference agreement includes $114,500,000 for
community-based abstinence education as proposed by the House
rather than $105,500,000 as proposed by the Senate. The
conference agreement includes $4,500,000 in program evaluation
funds for the abstinence education program and $110,000,000 in
budget authority. The conferees concur with language included
in the House report regarding technical assistance and
capacity-building support to grantees. The Senate report did
not include similar language.
Within the total for community-based abstinence
education, up to $10,000,000 may be used to carry out a
national abstinence education campaign as proposed by both the
House and the Senate. The conferees concur with language
included in the Senate report that the Administration for
Children and Families use available funds to continue support
for an independent group to conduct a thorough and rigorous
evaluation of this campaign. The House did not include similar
language.
Program direction
The conference agreement includes $185,217,000 for
program direction as proposed by the House instead of
$186,000,000 as proposed by the Senate.
PROMOTING SAFE AND STABLE FAMILIES
The conference agreement includes $90,000,000 for the
discretionary grant program of promoting safe and stable
families as proposed by the Senate rather than $99,000,000 as
proposed by the House.
Administration on Aging
AGING SERVICES PROGRAMS
The conference agreement includes $1,376,624,000 for
aging services programs instead of $1,376,217,000 as proposed
by the House and $1,391,699,000 as proposed by the Senate. The
detailed table at the end of this joint statement reflects the
activity distribution agreed to by the conferees.
The conference agreement includes $20,360,000 for
activities for the protection of vulnerable older Americans as
proposed by the Senate instead of $19,360,000 as proposed by
the House. Within the funds provided $15,162,000 is for the
ombudsman services program as proposed by the Senate.
Included in the conference agreement is $157,744,000 for
the family caregivers program rather than $155,744,000 as
proposed by the House and $160,744,000 as proposed by the
Senate.
The conference agreement includes $722,292,000 for
nutrition programs rather than $725,885,000 as proposed by the
House and $718,697,000 as proposed by the Senate. Within the
total, $389,211,000 is provided for congregate meals rather
than $391,147,000 as proposed by the House and $387,274,000 as
proposed by the Senate; $183,742,000 is provided for home
delivered meals rather than $184,656,000 as proposed by the
House and $182,827,000 as proposed by the Senate; and,
$149,339,000 is provided for the nutrition services incentives
program rather than $150,082,000 as proposed by the House and
$148,596,000 as proposed by the Senate.
The conference agreement includes $24,843,000 for program
innovations instead of $23,843,000 as proposed by the House and
$40,513,000 as proposed by the Senate. The conferees continue
to support funding at no less than last year's level for
national programs scheduled to be refunded in fiscal year 2006
as proposed by the Senate that address a variety of issues,
including elder abuse, Native American issues and legal
services. The House report did not include similar language.
Within the funding provided, the conference agreement
includes $3,000,000, as proposed by the House, for social
research into Alzheimer's disease care options, best practices
and other Alzheimer's research priorities that include research
into cause, cure and care, as well as respite care, assisted
living, the impact of intervention by social service agencies
on victims, and related needs. The agreement recommends this
research utilize and give discretion to area agencies on aging
and their non-profit divisions in municipalities with aged
populations (over the age of 60) of over 1,000,000, with
preference given to the largest population. The conferees also
recommend that unique partnerships to affect this research be
considered for the selected area agency on aging. The Senate
did not include funding for this activity.
Given the enormous demands on Alzheimer's family
caregivers, the conferees have included $1,000,000, as proposed
by the Senate, to support an Alzheimer's family contact center
for round-the-clock help to Alzheimer's families in crisis. The
House did not include funding for this activity.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
The conference agreement includes $352,703,000 for
general departmental management instead of $338,695,000 as
proposed by the House and $363,614,000 as proposed by the
Senate, along with $5,851,000 from Medicare trust funds, which
was provided by both the House and Senate. In addition,
$39,552,000 in program evaluation funding is provided, which
was proposed by both the House and Senate.
The conference agreement includes bill language proposed
by the Senate directing 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, be transmitted to
the Committees on Appropriations in a prompt professional
manner and within the time frame specified in the request. The
bill language further directs that scientific information
requested by the Committees on Appropriations and prepared by
government researchers and scientists be transmitted to the
Committees on Appropriations, uncensored and without delay. The
House did not include such a provision.
The conference report does not include a general
provision proposed by the Senate related to compliance with
section 2 of the Improper Payments Information Act of 2002
(IPIA) for the Temporary Assistance for Needy Families Program,
the Foster Care and Adoption Assistance program, the Medicaid
program, the State Children's Health Insurance Program, and the
Child Care and Development Block Grant program. The House bill
did not contain similar language. The conferees request that
not later than sixty days after the date of enactment of the
Act the Secretary of Health and Human Services provides a
report on this topic to the Appropriations Committees. In
addition to the actions that have been taken to date, this
report should include HHS's plans and the specific steps that
are necessary to achieve compliance with section 2 in these
programs.
The conference agreement includes $2,500,000 to support
the last year of the Citizens' Health Care Working Group
established in the Medicare Modernization Act. The Senate
proposed $3,000,000 for this activity; the House report did not
contain a similar provision.
The conference agreement includes $500,000 with which the
Secretary is directed to conduct a study to determine the best
way to promote the use of advance directives among competent
adults as a means of specifying their wishes about end of life
care. The Senate report had a similar provision. The House
report did not request such a study.
The conferees intend that, of the funding provided to the
Office of Minority Health, no less than the fiscal year 2005
funding level be allocated to a culturally competent and
linguistically appropriate public health response to the HIV/
AIDS epidemic. The House report had a similar provision; the
Senate report did not have such a provision.
The conference report does not include funding within the
Office of the Secretary for the third year of the Ad Council's
underage drinking media campaign as proposed by the House. The
conferees have instead provided funding for this effort within
the Substance Abuse and Mental Health Services Administration
as proposed by the Senate.
The conferees are concerned about the diminished
partnership between OMH and the nation's historically black
medical schools. Despite repeated urging by the Committees, OMH
has not maintained and cultivated cooperative agreements and
other mechanisms of support with Meharry Medical College,
Morehouse School of Medicine, and Charles R. Drew University of
Medicine and Science. The conferees encourage OMH to: (1) re-
establish its unique cooperative agreement with Meharry Medical
College, (2) develop a formal partnership with the Morehouse
School of Medicine and its National Center for Primary Care,
and (3) coordinate a Public Health Service-wide response to the
challenges facing the Charles R. Drew University of Medicine
and Science, including expanded opportunities for biomedical
research and support for residency training faculty.
The conferees recognize that gynecological cancers are
treatable if diagnosed at an early stage, and are concerned
about the low level of awareness among women concerning the
early warning signs of gynecologic cancers. The conferees
recognize that there are many activities undertaken by the
Secretary to raise awareness about gynecologic cancers, but are
concerned that a lack of coordination of these activities among
the agencies may limit the effectiveness and outreach of these
programs. The conferees encourage the Secretary to examine
these programs, and coordinate their activities through the
Office of Women's Health. The Secretary is also encouraged to
consider developing a national education campaign.
OFFICE OF MEDICARE HEARINGS AND APPEALS
The conference agreement includes $60,000,000 for this
activity as proposed by the House instead of $75,000,000 as
proposed by the Senate.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
The conference agreement includes $61,700,000 for this
activity, of which $42,800,000 is provided in budget authority
and $18,900,000 is made available through the Public Health
Service program evaluation set-aside. The House hadprovided a
combined total of $75,000,000 for this activity; the Senate provided a
combined total of $45,150,000.
The conference agreement does not include general
provision language proposed by the Senate or similar language
proposed by the House prohibiting the use of funds provided in
the Act to implement any strategic plan that does not require a
patient whose information is maintained by the Department to be
given notice if it is lost, stolen or used for another purpose.
The conferees underscore the importance of consumer confidence
in the privacy and security of their personal health
information as a fundamental principle in all actions taken to
carry out the HHS Health Information Technology (HIT) strategic
plan. The conferees understand that HHS has funded a ``Privacy
and Security Solutions for Interoperable Health Information
Exchange'' contract to study and address variations in State
law and business practices related to privacy and security that
may pose challenges to interoperable health information
exchange. Funds are included for the Office of the National
Coordinator for Health Information Technology to continue its
work to evaluate and initiate solutions, including those that
will maintain the security and privacy protections for personal
health information, as part of the Department's activities in
carrying out its HIT strategic plan. The conferees request a
report within 90 days describing how HHS plans to address
privacy issues in the information technology program.
Office of Inspector General
The conference agreement includes $39,813,000 for the
Office of Inspector General (OIG) as proposed by both the House
and the Senate. The conferees expect that the OIG will utilize
funds provided in section 121 of H.J. Res. 68 to provide
continued oversight of Medicare Modernization Act
implementation and the Medicare program.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The conference agreement includes $183,589,000 for the
Public Health and Social Services Emergency Fund (PHSSEF) to
enhance Federal, State, and local preparedness to counter
potential biological, disease, chemical, and radiological
threats to civilian populations, the same as proposed by the
House. The Senate had provided $8,158,589,000, with
$8,095,000,000 designated as an emergency requirement pursuant
to the concurrent resolution on the budget for fiscal year
2006.
Within the amount provided, the conference agreement
includes $120,000,000, available until expended, for activities
to ensure year-round production capacity of influenza vaccine.
This is the same as proposed by the House. The Senate had
incorporated this funding within the $8,095,000,000 designated
as emergency spending.
General Provisions
Head Start Compensation
The conference agreement includes a general provision
that prohibits the use of funds for Head Start 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, as proposed by the House. The Senate bill did not
contain a similar provision.
Evaluation Tap Authority
The conference agreement includes a provision to allow
for a 2.4 percent evaluation tap pursuant to section 241 of the
Public Health Service Act. This tap is to be applied to
programs authorized under the Public Health Service Act. The
House bill contained a provision to allow for a 1.3 percent
evaluation tap and the Senate bill allowed for a 2.5 percent
evaluation tap.
One Percent Transfer Authority
The conference agreement includes language proposed by
the Senate providing the Secretary of HHS with the authority to
transfer up to 1 percent of discretionary funds 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. Additionally, a program, project or activity may be
increased up to an additional 2 percent subject to written
approval of the House and Senate Appropriations Committees. The
House bill included a similar provision, but allowed the
authority to transfer between appropriations.
HIV Research Funds Transfer
The conference agreement includes a general provision as
proposed by the House allowing the Director of the National
Institutes of Health, jointly with the Director of the Office
of AIDS Research, to transfer up to 3 percent of funding
identified by these two directors as funding pertaining to HIV
research among institutes and centers. The Senate included
similar language.
Council on Graduate Medical Education
The conference agreement includes a general provision
proposed by the Senate allowing for the continued operation of
the Council on Graduate Medical Education. The House bill
contained no similar provision.
Smallpox Vaccine Injury Compensation Rescission
The conference agreement includes a general provision
rescinding $10,000,000 from the smallpox vaccine injury
compensation fund as proposed by the Senate. The House bill
contained no similar provision.
Naming of CDC Buildings
The conference agreement includes a general provision
proposed by the Senate naming two Centers for Disease Control
and Prevention buildings. The House did not include a similar
provision.
Power Wheelchair Regulations
The conference agreement modifies a general provision
proposed by the Senate prohibiting funds to be used to
implement or enforce Medicare regulations on power mobility
devices prior to April 1, 2006. The conference agreement
includes limitation language prohibiting the implementation of
a regulation until April 1, 2006 and deletes the portions of
the Senate provision that reduced payments for power mobility
devices and established deadlines for future rulemaking. The
House bill contained no similar provision. The conferees concur
in the intent of the Senate language that a proposed rule be
published by January 1, 2006, followed by a 45-day period to
comment on the proposed rule, and that by not later than
February 14, 2006, a final rule be published, followed by a 45-
day transition period for implementation.
Head Start Transportation Waiver
The conference agreement modifies general provision
language proposed by the Senate pertaining to waivers for the
transportation of children enrolled in either Head Start or
Early Head Start. The House included report language dealing
with this issue.
Head Start Transportation Regulation
The conference agreement includes a general provision
that the regulation pertaining to Head Start transportation
shall not be effective until June 30, 2006, or 60 days after
the date of enactment of a statute that authorizes
appropriations for fiscal year 2006 to carry out the Head Start
Act, whichever date is earlier. This clarifying provision was
not included in either the House or Senate bills.
Health Professions Student Loan Rescissions
The conference agreement includes two general provisions
rescinding unobligated balances of the Health Professions
Student Loan Program and the Nursing Student Loan Program. The
House and Senate included similar provisions for the Health
Professions Student Loan Program.
Department of Health and Human Services Travel
The conference agreement includes a new provision
granting authority to the Secretary to use, at his discretion,
charter aircraft under contract with the Centers for Disease
Control and Prevention (CDC). The Secretary has significant
operational responsibilities in times of emergencies and in the
days following such emergencies. The Department is the primary
agency for directing public health and medical services in
response to significant events. Due to the unpredictable nature
of such events, the conferees believe the Secretary must be in
a posture to respond and communicate as an event is unfolding.
Yet, existing travel limitations on the Secretary make this
extremely difficult. The availability of CDC's charter aircraft
will allow the Secretary to immediately return to Washington or
rapidly move to another location as the situation dictates, at
the same time being able to securely communicate with and
direct the Department.
The conference agreement also extends this authority to
the Director of the Centers for Disease Control and Prevention.
The conferees understand that, due to existing restrictions,
the Director on a number of occasions has not been able to
accompany employees of the Agency responding to public health
emergencies.
The conferees expect the Secretary and the Director of
CDC to exercise this authority in an economical and judicious
manner. The conferees request that the Secretary report to the
Committees on Appropriations of the House and Senate regarding
the use of this authority in the annual justification of
estimates for the Appropriations Committees and at the end of
the third quarter of each fiscal year.
State Pharmaceutical Assistance Programs
The conference agreement does not include a general
provision proposed by the Senate to extend the availability of
fiscal year 2005 funding appropriated for State Pharmaceutical
Assistance Programs in the Medicare Modernization Act through
fiscal year 2006. The House bill did not include a similar
provision.
Use of Social Security Numbers on Medicare ID Cards
The conference agreement deletes without prejudice
general provisions proposed by both the House and Senate
relating to the use of Social Security numbers on Medicare ID
cards. Language is included within the Centers for Medicare and
Medicaid Services section of the statement of the managers.
Rapid Oral HIV Tests
The conference agreement does not include a general
provision proposed by the Senate directing the Secretary of HHS
to use funds appropriated in Title II of this Act to purchase
not less than one million rapid oral HIV tests. The House did
not include a similar provision.
Telehealth Appropriation
The conference agreement deletes without prejudice a
general provision proposed by the Senate relating to increased
funding for telehealth programs. Funding for telehealth
programs is included within HRSA. The House did not include a
similar provision.
Dental Workforce Program
The conference agreement does not include a general
provision proposed by the Senate earmarking, within funds
appropriated to HRSA, grants for programs to address dental
workforce needs. Funding for this program is included within
HRSA program management. The House did not include a similar
provision.
Medically Accurate Information in Abstinence Programs
The conference agreement does not include a general
provision proposed by the Senate that none of the funds made
available in the Act may be used to provide abstinence
education that includes information that is medically
inaccurate, which is defined by information that is unsupported
or contradicted by peer-reviewed research by leading medical,
psychological, psychiatric, and public health publications,
organizations, and agencies. The House did not include a
similar provision.
Low-Vision Rehabilitation Services Demonstration
The conference agreement deletes without prejudice a
general provision proposed by the Senate appropriating funding
for a low-vision rehabilitation services demonstration. The
House bill contained no similar provision. The Secretary of HHS
is strongly urged to implement the Low-Vision Rehabilitation
Services Demonstration Project, which was originally requested
in the fiscal year 2004 appropriations conference report. The
demonstration is to examine the impact of standardized national
coverage for vision rehabilitation services provided in the
home by vision rehabilitation professionals under the Medicare
program. The conferees expect the Secretary of HHS and CMS to
take the necessary steps to finalize the design and structure
of the demonstration project no later than January 1, 2006. The
conferees intend the Secretary to expend from available funds
appropriated to him, including transfers authorized under
existing authorities from the Federal Supplementary Insurance
Trust Fund, an amount not to exceed $2,000,000 in fiscal year
2006. The conferees expect the Secretary to take steps to
update the design and expand the size of the Low-Vision
Rehabilitation Services Demonstration Project in fiscal year
2007.
DSH Medicaid Payments to the State of Virginia
The conference agreement deletes without prejudice a
general provision proposed by the Senate containing a sense of
the Senate resolution expressing awareness of the issue of
defining ``hospital costs'' incurred by the State of Virginia
for purposes of Medicaid reimbursement and urging CMS to work
with the State to resolve the pending issue. The House did not
include a similar provision.
Defibrillation Devices
The conference agreement deletes without prejudice a
general provision proposed by the Senate appropriating funds
for the Automatic Defibrillation in Adam's Memory Act. Funding
for this program is included within HRSA. The House did not
include a similar provision.
Office of Minority Health
The conference agreement does not include a general
provision proposed by the Senate shifting funding to the Office
of Minority Health from the Program Management account within
CMS. Funding for the Office of Minority Health and CMS Program
Management are included within those specific accounts. The
House did not include a similar provision.
Mosquito Abatement
The conference agreement does not include a general
provision proposed by the Senate earmarking funds within CDC
for mosquito abatement for safety and health. The House did not
include a similar provision.
Community Health Centers
The conference agreement does not include a general
provision proposed by the Senate increasing funding for the
Community Health Centers program. Funding for the Community
Health Centers program is included within HRSA. The House did
not include a similar provision.
Health Information Security
The conference agreement deletes without prejudice a
general provision proposed by the Senate prohibiting the use of
funds provided in the Act to implement any strategic plan that
does not require a patient whose information is maintained by
the Department to be given notice if it is lost, stolen or used
for another purpose. The House bill contained a similar
provision. Language is included within the Office of the
National Coordinator for Health Information Technology section
of the statement of the managers.
Limitation on Travel and Conferences
The conference agreement does not include a general
provision proposed by the Senate reducing the appropriations
for travel, conference programs and related expenses for the
Department of Health and Human Services. The House did not
include a similar provision.
Help America Vote Act
The conference agreement does not include a general
provision proposed by the Senate providing additional funding
for the Help America Vote Act. Funding for programs authorized
by the Help America Vote Act and administered by HHS are
included within the Children and Families Services section of
the Administration for Children and Families. The House did not
include a similar provision.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
The conference agreement includes $14,627,435,000 for the
Education for the Disadvantaged account instead of
$14,728,735,000 as proposed by the House and $14,532,785,000 as
proposed by the Senate. The agreement provides $7,244,134,000
in fiscal year 2006 and $7,383,301,000 in fiscal year 2007
funding for this account.
The conference agreement includes $100,000,000 for the
Even Start program instead of $200,000,000 as proposed by the
House. The Senate bill did not include funding for this
program.
The conferees intend for funds available under the
Reading First program to be used for reading programs with the
strongest possible scientific evidence of effectiveness. The
conferees strongly urge the Department to provide clear
guidance to its technical assistance centers and the States to:
fully consider scientific evidence of effectiveness in rating
programs for use under Reading First; contemplate expanded
lists of allowable programs that include innovative programs
with scientific evidence of effectiveness; when awarding new
grants, consider giving preference to those schools that select
programs with strong, scientific evidence of effectiveness; and
ensure that comprehensive reading programs that have scientific
evidence of effectiveness will be implemented in full, as they
have been researched, without modification to conform to other
models of instruction. The conferees also are concerned that
certain practices under the Reading First program may unduly
interfere with local control of curriculum. The conferees note
that Reading First materials decisions are to be made at the
school level, subject to the approval of the State.
The conference agreement includes $30,000,000 for the
Striving Readers program as proposed by the House instead of
$35,000,000 as proposed by the Senate.
The conference agreement also includes $390,428,000 for
the State Agency Migrant Education program as proposed by the
House instead of $395,228,000 as proposed by the Senate.
The conference agreement includes $50,300,000 for the
Neglected and Delinquent program instead of $49,600,000 as
proposed by the House and $51,000,000 as proposed by the
Senate.
The conference agreement includes $8,000,000 for
Comprehensive School Reform quality initiatives. The House bill
provided $10,000,000 for the Comprehensive School Reform
Demonstration program and the Senate bill did not include any
funding related to Comprehensive School Reform. The conferees
concur that comprehensive school reform (CSR) models provide an
exemplary approach to raising academic achievement,
particularly for schools that do not make adequate yearly
progress under the No Child Left Behind Act. The conferees
believe that States should utilize their four percent school
improvement set-aside funds to support implementation of
comprehensive school reform models with demonstrated success.
The conferees strongly urge States to examine methods for
distributing school improvement funds that will result in
awards of sufficient size and scope to support the initial
costs of comprehensive school reforms and to limit funding to
programs that include each of the reform components described
in section 1606(a) of the No Child Left Behind Act of 2001 and
have the capacity to improve the academic achievement of all
students in core academic subjects within participating
schools. Further, the conferees intend that the Secretary shall
notify States that schools currently receiving CSR subgrants
shall receive priority for targeted grants and/or technical
assistance under section 1003(a) of ESEA.
The conference agreement also includes $18,737,000 for
the Migrant Education High School Equivalency program as
proposed by the House instead of $21,587,000 as proposed by the
Senate.
IMPACT AID
The conference agreement includes bill language not
included in either the House or Senate bill that restricts the
release of impact aid construction funds to a formula
distribution.
SCHOOL IMPROVEMENT PROGRAMS
The conference agreement includes $5,308,564,000 for the
School Improvement Programs account instead of $5,393,765,000
as proposed by the House and $5,457,953,000 as proposed by the
Senate. The agreement provides $3,873,564,000 in fiscal year
2006 and $1,435,000,000 in fiscal year 2007 funding for this
account.
The conference agreement includes $184,000,000 for the
Mathematics and Science Partnerships (MSP) program instead of
$190,000,000 as proposed by the House and $178,560,000 as
proposed by the Senate. The conferees urge the Secretary to
encourage MSP grantees to incorporate advanced placement (AP)
or pre-advanced placement (PRE-AP) staff development training
into their math and science partnership projects to help
teachers meet the highly qualified criteria under the No Child
Left Behind Act. The AP and PRE-AP professional development
initiatives support teachers' content and pedagogical knowledge
development so that all students, regardless of whether or not
they take AP, will receive rigorous, challenging math and
science instruction. The AP math and science initiative has the
primary objective of increasing the number of AP opportunities,
AP participation rates, and postsecondary acceptance and
success rates for disadvantaged students.
The conference agreement includes $100,000,000 for State
Grants for Innovative Education as proposed by the Senate
instead of $198,400,000 as proposed by the House. The agreement
also includes $275,000,000 for Educational Technology State
Grants instead of $300,000,000 as proposed by the House and
$425,000,000 as proposed by the Senate.
The conferees are concerned that many schools are unable
to properly assess the performance of students with
disabilities and students with limited English proficiency.
Therefore, the conferees urge the Department to continue to
place a high priority on grant applications for funds available
from the enhanced assessments instruments program that aim to
improve the quality of state assessments for these two groups
of students and to ensure the most accurate means of measuring
their performance on these assessments.
The conference agreement includes $9,693,000 for the
Javits Gifted and Talented program instead of $11,022,000 as
proposed by the Senate. The House did not propose funding for
this program.
The agreement also includes $22,000,000 for the Foreign
Language Assistance program instead of $25,000,000 as proposed
by the Senate. The House did not propose funding for this
program. The conferees concur with all of the language
contained in the Senate report related to the use of these
funds and administration of this program. The conference
agreement includes language in the Senate bill that prohibits
funds from being used for the Foreign Language Incentive Fund
program. The House bill did not include a similar provision.
The conference agreement includes $34,250,000 for the
Education of Native Hawaiians program instead of $24,770,000 as
proposed by the House and $34,500,000 as proposed by the
Senate. The agreement includes bill language that allows funds
under this program to be used for construction, renovation and
modernization of any elementary school, secondary school, or
structure related to an elementary school or secondary school
run by the Department of Education of the State of Hawaii that
serves a predominantly Native Hawaiian student body as proposed
by the Senate. The House bill did not include a similar
provision.
The conference agreement also includes bill language, as
proposed by the Senate, which provides not less than $1,250,000
to the Hawaii Department of Education for school construction/
renovation activities, and $1,250,000 for the University of
Hawaii's Center of Excellence in Native Hawaiian Law. The House
bill did not include a similar provision.
The conference agreement includes $34,250,000 for the
Alaska Native Educational Equity program instead of $31,224,000
as proposed by the House and $34,500,000 as proposed by the
Senate. The conference agreement includes bill language which
allows funds available through this program to be used for
construction, as proposed by the Senate. The House bill did not
include a similar provision. The conferees direct the
Department to use at least a portion of these funds to address
the construction needs of rural schools.
The conferees are aware that the Department recently
awarded a grant for a California Comprehensive Center, which
will provide technical assistance to state and local
educational agencies in California. This new Center will have
to establish and develop a strong relationship to serve schools
in Southern California, which has a majority of California's
students and schools identified as in need of improvement as
well as the highest number of English Language Learners and
schools targeted for restructuring. The conferees encourage the
Department of Education to ensure that this Center adequately
addresses the needs of Southern California's local school
districts.
INNOVATION AND IMPROVEMENT
The conference agreement includes $945,947,000 for
programs in the Innovation and Improvement account, instead of
$708,522,000 as proposed by the House and $1,038,785,000 as
proposed by the Senate.
The conference agreement includes $21,750,000 for the
National Writing Project program instead of $20,336,000 as
proposed by the House and $23,000,000 as proposed by the
Senate.
The conference agreement includes $121,000,000 for the
Teaching of Traditional American History program as proposed by
the Senate. The House bill proposed $50,000,000 for this
program. The conferees direct the Department to continue its
current policy of awarding 3-year grants. The conference
agreement also includes bill language proposed by the Senate
that allows not more than 3 percent of the funds available for
this program to be used for technical assistance. The House
bill did not include a similar provision.
The conference agreement includes $14,880,000 for the
School Leadership program as proposed by the House instead of
$15,000,000 as proposed by the Senate.
The conference agreement includes $16,864,000 for the
Advanced Credentialing program as proposed by the House instead
of $10,000,000 as proposed by the Senate. The conference
agreement includes bill language that provides $9,920,000 of
these funds to the National Board for Professional Teaching
Standards and $6,944,000 to the American Board for the
Certification of Teacher Excellence. The Senate bill included
language that provided $10,000,000 to the National Board for
Professional Teaching Standards and the House bill did not
include a similar provision.
The conference agreement includes $36,981,000 for the
Credit Enhancement for Charter Schools program as proposed by
the House. The Senate did not propose funding for this program.
Fund for the Improvement of Education (FIE)
The conference agreement includes $160,111,000 for the
Fund for the Improvement of Education instead of $27,000,000 as
proposed by the House and $387,424,000 as proposed by the
Senate. The amount included in bill language for the Fund for
the Improvement of Education provides an additional
$100,000,000 for the Teacher Incentive Fund, which is described
later in this section.
The conference agreement includes funding for the
following activities authorized under section 5411 of the
Elementary and Secondary Education Act:
National Institute of Building Sciences for the National
Clearinghouse for Educational Facilities.................. $694,000
Presidential and Congressional American History and Civics
Academies................................................. 2,000,000
Evaluation and data quality initiative........................ 2,000,000
Reach out and Read, peer review, teacher quality and other
activities................................................ 9,092,000
The conference agreement includes $2,000,000 to carry out
the American History and Civics Education Act of 2004, instead
of $10,000,000 as proposed by the Senate. The House bill did
not include funding for this program. The conferees concur in
the language contained in the Senate Report regarding the use
of funds for this activity. The conferees intend $1,265,000
will be used for Presidential Academies for Teaching of
American History and Civics and the remaining funds will
support the establishment of Congressional Academies for
Students of American History and Civics.
The conferees direct the Department to implement the Act
consistent with their intent, as reflected above, and request
an implementation plan to be submitted to the House and Senate
Committees on Appropriations within 30 days of enactment of the
Department of Education Appropriations Act, 2006.
Within the total amount provided for FIE, the conference
agreement also includes funding for separately authorized
programs in the following amounts:
Reading is Fundamental.................................. $25,296,000
Star Schools............................................ 15,000,000
Ready to Teach.......................................... 11,000,000
Education through Cultural and Historical Organizations. 9,000,000
Arts in Education....................................... 35,633,000
Parental Information and Resource Centers............... 40,000,000
Excellence in Economic Education........................ 1,488,000
Women's Educational Equity.............................. 2,956,000
Foundations for Learning Grants......................... 992,000
Mental Health Integration Grants........................ 4,960,000
For Arts in Education, the conferees intend that within
this total, $7,440,000 is for Very Special Arts and $6,369,000
is for the John F. Kennedy Center for the Performing Arts. In
addition, $7,936,000 is for model professional development
programs for music, drama, dance and visual arts educators and
$496,000 is for evaluation activities, as outlined by the
Senate. The remaining $13,392,000 is available to continue
model arts programs.
While the conferees applaud the Department's efforts to
help students learn foreign languages, they remain concerned
that the Department, using data provided by the e-Language
Learning System (eLLS), is developing web-based learning
products that could be used in direct competition with the
private sector. The conferees understand that, based on the
President's budget request, the Departmenthad no plans to
continue this project in fiscal year 2006 using Star School funds.
However, the conference agreement includes funds for the Star Schools
program, which has been the primary source of funds for this activity.
Therefore, the conferees direct the Department not to fund any grant
that will compete directly with the private sector and further direct
the Secretary to notify the House and Senate Appropriations Committees
15 days prior to any Department expenditures related to the eLLS
project.
The conference agreement includes $100,000,000 for a
pilot program to develop and implement innovative ways to
provide financial incentives for teachers and principals who
raise student achievement and close the achievement gap in some
of our Nation's highest-need schools, as proposed in the House
bill. The Senate bill did not propose funding for this program.
The conferees intend that the Secretary use not less than
95 percent of these funds to award competitive grants to local
educational agencies (LEAs), including charter schools that are
LEAs, States, or partnerships of (1) a local educational
agency, a State, or both and (2) at least one non-profit
organization to design and implement fair, differentiated
compensation systems for public school teachers and principals
based primarily on measures of gains in student academic
achievement, in addition to other factors, for teachers and
principals in high-need schools. The conferees intend high-need
schools to have the same meaning as the term is defined in
section 2312 of the Elementary and Secondary Education Act. The
conferees further intend that each applicant demonstrate a
significant investment in, and ensure the sustainability of,
its project by committing to pay for an increasing share of the
total cost of the project, for each year of the grant, with
State, local, or other non-Federal funds.
The conference agreement includes bill language, modified
from the House bill, which requires the Secretary to use funds
for performance-based compensation systems that: consider gains
in student academic achievement as well as classroom
evaluations conducted multiple times during each school year
and provide educators with incentives to take on additional
responsibilities and leadership roles. In addition, the
conferees urge the Secretary to give priority to applications
that demonstrate the majority support of educators for such
compensation systems.
The conference agreement also includes bill language, not
included in either House or Senate bill, which allows not more
than $5,000,000 to be used to provide schools with assistance
in implementing this program. The conferees intend that the
Secretary use these funds for one or more grants to an
organization or organizations with expertise in providing
research-based expert advice to support schools initiating and
implementing differentiated compensation systems, training
school personnel, disseminating information on effective
teacher compensation systems, and providing program outreach
through a clearinghouse of best practices. The conferees also
urge the Secretary to design an appropriate, long-term and
rigorous evaluation, using randomized controlled trials to the
extent practicable, of this program which will be used to
inform Congress on the results achieved under this program.
Other programs
The conference agreement includes $24,500,000 for the
Ready to Learn program instead of $25,000,000 as proposed by
the Senate. The House bill did not include funding for this
program. The conferees note that the original intent for the
Ready to Learn program consisted of two distinct but
coordinated elements: development of national educational
programming that supports emergent literacy and other school
readiness skills and community-based local outreach. The
purpose of local outreach has been to extend the educational
impact of the programming as well as to provide practical
training for parents and educators on how to promote early
learning and literacy and make responsible choices about
television viewing. Given the demonstrated track record of the
outreach component of the Ready to Learn program, the conferees
believe that broad-based outreach, which capitalizes on the
strength and reach of public television stations and includes
local adult training workshops, should continue to be a central
feature of this program. Therefore, the conference agreement
includes an increase of $1,188,000 over last year for
additional support of the outreach project funded during the
fiscal year 2005 competition.
The conference agreement includes $4,900,000 for the
Dropout Prevention program as proposed by the Senate. The House
did not propose funding for this program.
The conference agreement includes $32,500,000 for
Advanced Placement programs instead of $30,000,000 as proposed
by the House and $40,000,000 as proposed by the Senate.
The conference agreement does not include language
proposed in the House bill related to the evaluation of the
D.C. School Choice Incentive Act of 2003. The Senate bill did
not include a similar provision.
Safe Schools and Citizenship Education
The conference agreement includes $736,886,000 for
programs in the Safe Schools and Citizenship Education account
instead of $763,870,000 as proposed by the House and
$697,300,000 as proposed by the Senate.
The conference agreement includes $350,000,000 for Safe
and Drug-Free Schools State Grants instead of $400,000,000 as
proposed by the House and $300,000,000 as proposed by the
Senate.
The conferees are concerned that the Department of
Education has neglected to report specific data to Congress as
required under Section 4122(c) of Title IV, Part A of the No
Child Left Behind Act. This data is required to be included in
the State report under Section 4116 of the Safe and Drug-Free
Schools and Communities program. The report specifically
requires all States to collect and report to the Secretary, in
a form specified by the Secretary, the following data:
incidence and prevalence, age of onset, perception of health
risk and perception of social disapproval of drug use and
violence by youth in schools and communities. The conferees
expect the Department to develop a plan for how it will collect
the specified data from the States and report it to Congress in
a timely manner. The plan should be submitted to the House and
Senate authorizing, appropriations and oversight committees
within 60 days of enactment of this bill.
The conference agreement includes $142,537,000 for
National Programs instead of $152,537,000 as proposed by the
House and $150,000,000 as proposed by the Senate. The
conference agreement includes funding for the following
activities:
School Safety Initiatives............................... $27,000,000
Planning/Needs Assessment/Data for State Grants......... 8,257,000
Safe Schools/Healthy Students........................... 80,000,000
Drug Testing Initiative................................. 9,180,000
Postsecondary Ed Drug and Violence Prevention (including
$850,000 for the recognition program)............... 7,500,000
Violence prevention impact evaluation................... 1,551,000
National Institute of Building Sciences for the National
Clearinghouse for Educational Facilities............ 300,000
Project SERV............................................ 1,449,000
Other activities........................................ 7,300,000
The conferees direct the Department to implement the Act
consistent with their intent, as reflected in the table above,
and request an implementation plan to be submitted to the House
and Senate Committees on Appropriations within 30 days of
enactment of the Department of Education Appropriations Act,
2006.
The conference agreement includes bill language requiring
the Department to spend $850,000 for the National Recognition
Awards program under the guidelines described in section 120(f)
of Public Law 105-244 as proposed in the Senate bill. The House
bill did not include a similar provision.
The conference agreement includes $32,736,000 for Grants
to Reduce Alcohol Abuse instead of $33,500,000 as proposed by
the Senate. The House did not propose funding for this
activity.
The conference agreement includes $35,000,000 for the
Elementary and Secondary School Counseling program instead of
$34,720,000 as proposed by the House and $36,000,000 as
proposed by the Senate.
The conference agreement includes $73,408,000 for the
Physical Education program as proposed by the House instead of
$74,000,000 as proposed by the Senate.
The conference agreement includes $29,405,000 for the
Civic Education program to support both the We the People
programs and the Cooperative Education Exchange as proposed by
the House instead of $30,000,000 as proposed by the Senate. The
conferees intend that $17,211,000 will be provided to the
nonprofit Center for Civic Education to support We the People
programs. Within the total for the We the People program, the
conferees intend that $3,025,000 be reserved to continue the
comprehensive program to improve public knowledge,
understanding, and support of American democratic institutions,
which is a cooperative project among the Center for Civic
Education, the Center on Congress at Indiana University, and
the Trust for Representative Democracy at the National
Conference of State Legislatures, and that $1,513,000 be used
for continuation of the school violence prevention
demonstration program, including $500,000 for the Native
American initiative.
The conference agreement also includes $12,194,000 for
the Cooperative Education Exchange program. Within this amount,
the conferees intend that $4,573,000 is for the Center for
Civic Education and $4,573,000 is for the National Council on
Economic Education, while the remaining $3,048,000 should be
used to continue the existing grants funded under the
authorizing statute for civics and government education, and
for economic education.
English Language Acquisition
The conference agreement includes $675,765,000 for the
English Language Acquisition account as proposed by the House
instead of $683,415,000 as proposed by the Senate.
Special Education
The conference agreement includes $11,770,607,000 for the
Special Education account instead of $11,813,783,000 as
proposed by the House and $11,775,107,000 as proposed by the
Senate. The agreement provides $6,346,407,000 in fiscal year
2006 and $5,424,200,000 in fiscal year 2007 funding for this account.
The conference agreement includes $10,689,746,000 for
Grants to States Part B as proposed by the Senate instead of
$10,739,746,000 as proposed by the House. The agreement also
includes $440,808,000 for Grants for Infants and Families as
proposed by the House instead of $444,308,000 as proposed by
the Senate.
The conference agreement includes $49,397,000 for
Technical Assistance and Dissemination as proposed by the House
instead of $50,397,000 as proposed by the Senate.
The agreement also includes $38,816,000 for Technology
and Media Services as proposed by the Senate instead of
$31,992,000 as proposed by the House. Within this amount,
$1,500,000 is available for Public Telecommunications
Information and Training Dissemination as proposed by the
Senate. The House did not include funding for this activity.
Also within this amount, the conference agreement includes
$12,000,000 for Recording for the Blind and Dyslexic, Inc. as
proposed by the Senate instead of $11,400,000 as proposed by
the House.
Rehabilitation Services and Disability Research
The conference agreement includes $3,129,638,000 for
Rehabilitation Services and Disability Research instead of
$3,128,638,000 as proposed by the House and $3,133,638,000 as
proposed by the Senate.
The conference agreement includes $1,000,000 to continue
an award to the American Academy of Orthotists and Prosthetists
(AAOP) for activities that further the purposes of the grant
received by the Academy for the period beginning October 1,
2003 as proposed by the Senate. The House bill did not include
a similar provision.
The conference agreement includes $30,760,000 for
assistive technology instead of $29,760,000 as proposed by the
House and $34,760,000 as proposed by the Senate. Within this
amount, the conferees intend that $21,552,000 shall be for the
state grant program, $4,385,000 for grants for protection and
advocacy, $1,063,000 for national activities and $3,760,000 for
alternative financing programs.
Special Institutions for Persons With Disabilities
AMERICAN PRINTING HOUSE FOR THE BLIND
The conference agreement includes $17,750,000 for the
American Printing House for the Blind instead of $17,000,000 as
proposed by the House and $18,500,000 as proposed by the
Senate.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
The conference agreement includes $56,708,000 for the
National Technical Institute for the Deaf instead of
$56,137,000 as proposed by the House and $57,279,000 as
proposed by the Senate.
GALLAUDET UNIVERSITY
The conference agreement includes $108,079,000 for
Gallaudet University instead of $107,657,000 as proposed by the
House and $108,500,000 as proposed by the Senate.
Vocational and Adult Education
The conference agreement includes $2,012,282,000 for
Vocational and Adult Education instead of $1,991,782,000 as
proposed by the House and $1,927,016,000 as proposed by the
Senate. The agreement provides $1,221,282,000 in fiscal year
2006 and $791,000,000 in fiscal year 2007 funding for this
account.
The conference agreement includes $9,257,000 for
Vocational Education National programs, as proposed by the
Senate. The House included $11,757,000 for National programs.
The conference agreement includes $569,672,000 for Adult
Education State Grants as proposed by the House, instead of
$572,922,000 as proposed by the Senate.
The conference agreement includes $94,476,000 for the
Smaller Learning Communities program as proposed by the House.
The Senate bill did not include funding for this program. The
conferees agree that these funds 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. The
conferees again direct that the Department consult with the
House and Senate Committees on Appropriations prior to the
release of program guidance for the fiscal years 2005 and 2006
Smaller Learning Communities grant competitions. The conferees
urge that a greater share of the 5 percent set-aside for
national activities be used to support direct technical
assistance to grantees through regional laboratories,
university-based organizations, and other entities with
expertise in high school reform, and request areport not later
than January 1, 2006 on its planned use of this set-aside in fiscal
year 2005. Further, the conferees strongly encourage the Department to
enter into a jointly funded program with a private or public foundation
with expertise in designing and implementing small schools in order to
further leverage the Federal investment in smaller learning
communities.
The conference agreement includes $23,000,000 for State
Grants for Incarcerated Youth Offenders, instead of $24,000,000
as proposed by the Senate. The House did not include funding
for this program. The conferees concur with the language
included in the Senate Report regarding the administration of
this program.
The conference agreement does not include funding for
Community Technology Centers, as proposed by the House. The
Senate included $4,960,000 for this activity.
Student Financial Assistance
The conference agreement includes $15,077,752,000 for
Student Financial Assistance instead of $15,283,752,000 as
proposed by the House and $15,103,795,000 as proposed by the
Senate.
The agreement provides a program level of $13,177,000,000
for Pell Grants as proposed by the Senate instead of
$13,383,000,000 as proposed by the House. The agreement
maintains the maximum Pell Grant at $4,050 as proposed by the
Senate rather than $4,100 as proposed by the House. Additional
funds are included in section 305 of this Act to completely pay
down the shortfall that has been accumulating in the Pell Grant
program over the last several fiscal years as proposed by both
the House and Senate.
The conferees believe it is essential for Congress to
have the most accurate and reliable information available to
make decisions regarding the allocation of limited
discretionary funding. Therefore, the conferees direct the
Department of Education to provide to the House and Senate
Committees on Appropriations, on a quarterly basis, updated
estimates of the cost of the Pell Grant program, based on
current law and the most current data related to valid
applications, applicant type, and other information
incorporated into the Department's Pell Grant forecasting
model.
The conference agreement also includes $778,720,000 for
the supplemental educational opportunity grant program as
proposed by the House instead of $804,763,000 as proposed by
the Senate.
The conference agreement provides $990,257,000 for
Federal work-study programs as proposed by both the House and
Senate. Within this total, the conference agreement includes
$6,000,000, as proposed by the Senate, for the work colleges
program. The House report did not include similar language.
Student Aid Administration
The conference agreement includes $120,000,000 for
student aid administration as proposed by the Senate instead of
$124,084,000 as proposed by the House.
Higher Education
The conference agreement includes $1,970,760,000 for
Higher Education instead of $1,936,936,000 as proposed by the
House and $2,112,958,000 as proposed by the Senate. The
conference agreement does not include bill language as proposed
by the Senate regarding the use of funds to develop a strategic
plan for foreign student access to American colleges and
universities. The House bill did not include similar language.
Aid for institutional development
The conference agreement includes $95,873,000 for
Hispanic Serving Institutions as proposed by the House instead
of $100,823,000 as proposed by the Senate. The conference
agreement also includes $11,904,000 for Alaska and Native
Hawaiian Institutions as proposed by the Senate instead of
$6,500,000 as proposed by the House.
Fund for the improvement of postsecondary education
The conference agreement includes $22,211,000 for the
Fund for the Improvement of Postsecondary Education instead of
$49,211,000 as proposed by the House and $157,211,000 as
proposed by the Senate.
Other programs
The conference agreement includes $836,543,000 for TRIO
as proposed by the House instead of $841,543,000 as proposed by
the Senate.
The conference agreement includes $306,488,000 for the
GEAR UP program, the same level proposed by both the House and
the Senate. The conferees intend that funds be awarded on an
annual basis and that the Department consult with Congressional
committees of jurisdiction prior to new grant competition
announcements. The conference agreement provides a sixth and
final year award to grantees first funded in 2001, while
continuing all other funded projects. The conferees also intend
that these funds are available to eligible 2000 grantees that
opt to apply for new grant awards servicing a cohort no later
than seventh grade, and are allowed to continue assisting
students who have not yet completed the program through high
school graduation.
The conference agreement includes sufficient funds for a
GEAR UP competition in fiscal year 2006 for new partnership
awards. The twin goals of GEAR UP are to ensure that low-income
students are academically prepared for college and that they
receive scholarships to enable them to actually attend college.
Accordingly, the conferees encourage the Department to give
consideration in the 2006 GEAR UP competition to partnerships
that, in addition to providing early intervention services,
guarantee college scholarships to GEAR UP students.
The conference agreement includes $41,000,000 for Byrd
Honors Scholarships and $6,944,000 for demonstrations in
disabilities as proposed by the Senate. The House did not
propose funding for these activities.
The conference agreement includes $60,500,000 for the
Teacher Quality Enhancement Grants program. The House and
Senate proposed $58,000,000 for this program.
The conference agreement includes $2,000,000 for the
Underground Railroad program instead of $2,204,000 as proposed
by the Senate and $2,976,000 for Thurgood Marshall Scholarships
instead of $3,500,000 as proposed by the Senate. The House did
not propose funding these activities.
The conference agreement also includes $980,000 for
Olympic Scholarships as proposed by the House. The Senate bill
did not provide funding for this program.
Howard University
The conference agreement includes $239,790,000 for Howard
University instead of $240,790,000 as proposed by the House and
$238,789,000 as proposed by the Senate.
Institute of Education Sciences
The conference agreement includes $522,695,000 for the
Institute of Education Sciences (IES) instead of $522,696,000
as proposed by the House and $529,695,000 as proposed by the
Senate.
The conferees concur with the language included in the
House report that a key purpose of public education is being
neglected: the civic mission of schools to educate our young
people for democracy and to prepare them to be engaged
citizens. The National Assessments of Educational Progress in
civics and history are the best way we have to measure how well
schools are doing in fulfilling this purpose. Therefore, the
conferees request that the National Assessment Governing Board,
in consultation with the Commissioner, National Center for
Education Statistics, prepare a report on the feasibility of
the National Assessment of Educational Progress conducting
State level assessments in the subjects of U.S. history and
civics at grades 8 and 12 and, if feasible, the earliest
schedule under which such assessments could be administered.
The Governing Board shall, within 180 days of enactment of this
Act, submit the feasibility report to the House and Senate
Appropriations Committees, the House Education and the
Workforce Committee, the Senate Health, Education, Labor and
Pensions Committee, and the Secretary of Education. The Senate
report did not include similar language.
The conferees are very concerned with the funding levels
directed to the Research and Development Centers. The current
levels, which are $10,000,000 less than the amount outlined in
the fiscal year 2005 and fiscal year 2006 budget
justifications, are inadequate to create long-term
comprehensive interdisciplinary programs. The conferees have
therefore included bill language requiring IES to provide
$25,257,000 for Research and Development Centers. The conferees
direct that these funds be used to support not less than eight
Research and Development Centers, as authorized by law.
The conferees expect, as stated in the fiscal year 2005
statement of the managers and the fiscal year 2006 budget
justification, that funds in excess of those amounts needed to
maintain or establish new centers, be used for supplemental
awards to Research and Development Centers. The conferees
further expect that funds be used to make adjustments to
studies or services as needs arise. The conferees believe that
current funding levels provide for inflexible, narrowly focused
research rather than work that is of sufficient size and scope
to be effective. The conferees also believe it is essential
that centers not be restricted to particular research
methodologies but instead use rigorous methods to address areas
of high priority. The conferees request the IES to submit a
report within 45 days of enactment of this Act on the steps it
will take to comply with Congressional intent.
The conferees urge the Department's National Center for
Education Statistics to use the Fast Response Survey System to
collect data for the report of Arts Education in Public
Elementary and Secondary Schools during the 2006-2007 school
year. The conferees expect this survey and reporting to have
the comprehensive quality of the 2002 report and include
national samples of elementary and secondary school principals,
as well as surveys of elementary and secondary classroom
teachers and arts specialists.
Departmental Management
The conference agreement includes $415,303,000 for
Departmental program administration instead of $410,612,000 as
proposed by the House and $411,992,000 as proposed by the
Senate. The agreement also includes $49,000,000 for the Office
of the Inspector General as proposed by the House instead of
$49,408,000 as proposed by the Senate.
The conferees concur with the views expressed in the
House report with regard to the Communities Can program and its
role in enhancing integrated andcoordinated services for
children with disabilities and their families. The conferees request
that the plan of action for carrying forward this activity be provided
to both the House and Senate Appropriations Committees. The Senate did
not include similar language.
The conference agreement concurs with language contained
in the Senate report regarding the proposed reorganization of
the regional office structure within the Rehabilitation
Services Administration. Therefore, the conferees request a
report that describes the steps taken to reach out to
stakeholder groups on this issue; a detailed plan for ensuring
that policy guidance, technical assistance and program
monitoring will be of higher quality and more timely than
currently available; and the specific performance goals under
the proposed reorganization for frequency of monitoring visits,
and timeliness and relevancy of technical assistance, compared
to the actual performance under the current administrative
structure. The conferees expect to receive this report not
later than 60 days after enactment of this Act, but encourage
the Department to make it available as soon as possible. The
House report expressed similar concerns, but used different
language.
The conferees are concerned that the Department, in
implementing Reading First and other programs authorized by the
No Child Left Behind Act, which are required to implement
activities that are backed by scientifically based research,
may not be effectively helping States and local educational
agencies implement program studies. The conferees therefore
request the Secretary to submit a report to the House and
Senate Committees on Appropriations within 30 days of the
enactment of this Act, on the actions that program offices have
taken or will take, effective this fiscal year, in the
selection, oversight, and evaluation of grantees, to ensure
that grantees effectively implement such research-based
programs, including close replication of the specific elements
of these programs.
TITLE III--GENERAL PROVISIONS
Pell Grant Shortfall
The conference agreement includes a general provision as
proposed by the Senate providing $4,300,000,000 for the purpose
of eliminating the estimated accumulated shortfall of budget
authority for the Pell Grant program. The House bill contained
the same provision, but used slightly different language.
Mississippi Band of Choctaw Indians
The conference agreement includes a general provision as
proposed by the Senate to authorize educational and cultural
programs relating to the Mississippi Band of Choctaw Indians.
The House bill contained no similar provision.
Impact Aid
The conference agreement does not include a general
provision proposed by the Senate relating to applications filed
by two school districts in Colorado and Arizona. The House bill
contained no similar provision.
Violence Prevention
The conference agreement does not include a provision
proposed by the Senate relating to a study to evaluate the
effectiveness of violence prevention programs. The House did
not include a similar provision.
Assessment of Education Progress Tests in U.S. History
The conference agreement does not include a general
provision as proposed by the Senate providing additional
funding for a national assessment of education progress tests
in United States history. The House bill contained no similar
provision.
Dropout Prevention Programs
The conference agreement does not include a general
provision as proposed by the Senate providing additional
funding for school dropout prevention programs. Funding for
this program is included under the heading, ``Innovation and
Improvement.'' The House bill contained no similar provision.
Advanced Placement Programs
The conference agreement does not include a general
provision as proposed by the Senate providing additional
funding for advanced placement programs. Funding for this
program is included under the heading, ``Innovation and
Improvement.'' The House bill contained no similar provision.
Thurgood Marshall and Office of Special Education Programs
The conference agreement does not include a general
provision as proposed by the Senate providing additional
funding for the Thurgood Marshall Legal Education Opportunity
Program and the Office of Special Education Programs. Funding
for these activities is included under the headings, ``Higher
Education'' and ``Special Education'' respectively. The House
bill contained no similar provision.
Federal Trio Programs
The conference agreement does not include a general
provision as proposed by the Senate providing additional
funding for Federal TRIO programs. Funding for this program is
included under the heading, ``Higher Education.'' The House
bill contained no similar provision.
Education Programs Serving Hispanic Students
The conference agreement does not include a general
provision as proposed by the Senate providing additional
funding for education programs to improve Hispanic educational
opportunities. Funding for these programs is included elsewhere
in Title III. The House bill contained no similar provision.
TITLE IV--RELATED AGENCIES
Corporation for National and Community Service
The conference agreement includes $909,049,000 for the
Corporation for National and Community Service, the same as the
House, instead of $935,205,000 as proposed by the Senate.
Domestic Volunteer Service Programs, Operating Expenses
The conference agreement includes $316,212,000 for the
Domestic Volunteer Service programs as proposed by the Senate
instead of $357,962,000 as proposed by the House.
National Senior Volunteer Corps
The conference agreement includes $219,784,000 for fiscal
year 2006 for the National Senior Volunteer Corps programs, as
proposed by the House and the Senate. The conferees concur with
language in the Senate report that directs that the Corporation
shall comply with the directive that use of PNS funding
increases in the Foster Grandparents Program, Retired Senior
Volunteer Program, Senior Companion Program, and Volunteers in
Service to America shall not be restricted to any particular
activity and further direct that the Corporation shall not
stipulate a minimum or maximum for PNS grant augmentation.
Program administration
The conference agreement includes funds for the
administration of the Domestic Volunteer Service of America
program administration in the NCSA account as proposed by the
Senate.
National and Community Service Programs, Operating Expenses
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $520,087,000 for the
programs authorized under the National Community Service Act of
1990, instead of $518,087,000 as proposed by the House and
$546,243,000 as proposed by the Senate. The conference
agreement includes $267,500,000 for AmeriCorps State and
National operating grants, as proposed by the House instead of
$280,000,000 as proposed by the Senate. The conference
agreement includes $140,000,000 for the National Service Trust
instead of $146,000,000 as proposed by the House and
$149,000,000 as proposed by the Senate. The conference
agreement includes $16,445,000 for subtitle H fund activities
instead of $9,945,000 as proposed by the House and $15,945,000
as proposed by the Senate. The conference agreement includes
$27,000,000 for AmeriCorps National Civilian Community Corps as
proposed by the Senate instead of $25,500,000 as proposed by
the House. The conference agreement includes $37,500,000 for
Learn and Serve as proposed by the House instead of $42,656,000
as proposed by the Senate.
AmeriCorps Grants Program
The conferees concur with language proposed by the Senate
to keep the Committees better informed of the recipients
receiving AmeriCorps funding. The conferees direct the
Corporation to publish in its fiscal year 2007 budget
justifications a list of recipients that have received more
than $500,000 from the Corporation, delineated by program, and
the amount and source of both Federal and non-Federal funds
that were received by each recipient.
Innovation, assistance and other activities
Within the $16,445,000 for innovation, demonstration, and
assistance activities, the conference agreement includes
$4,000,000 for Teach for America and $2,000,000 for Communities
in Schools, Inc., as proposed by the Senate.
AmeriCorps National Civilian Community Corps
The conference agreement includes $27,000,000 for the
NCCC and within this amount, $1,500,000, as proposed by the
Senate, is to conduct an evaluation of current NCCC site
placement and expansion of new sites in the Southern and
Midwestern United States, in accordance with the report issued
on March 1, 2005.
Salaries and Expenses
The conference agreement includes $66,750,000 for the
Corporation's salaries and expenses, as proposed by the Senate.
This includes $39,750,000 for administration of the DVSA
programs. The House bill had provided salaries and expenses in
two separate accounts, but for the same total amount. The
conferees reiterate that Subtitle H funds for Innovation,
Assistance and Other Activities shall not be used to pay
Corporation staff.
Office of Inspector General
The conference agreement includes $6,000,000 for the
Office of Inspector General (OIG) as proposed by the House and
Senate. The conferees concur with language proposed by the
Senate directing the OIG to continue reviewing the
Corporation's management of the National Service Trust fund.
The conferees direct the OIG to review the monthly Trust
reports and to notify the Committees on Appropriations on the
accuracy of the reports.
Corporation for Public Broadcasting
The conference agreement includes $30,000,000 for digital
conversion, instead of $35,000,000 as proposed by the Senate.
The House had proposed providing authority for CPB to utilize
previously appropriated funds for this purpose.
The conference agreement also includes $35,000,000 for
the replacement project of the satellite interconnection
system, instead of $40,000,000 as proposed by the Senate. The
House had proposed providing authority for CPB to utilize
previously appropriated funds for this purpose.
The conferees request that the Corporation for Public
Broadcasting (CPB) Inspector General submit a status report to
the House and Senate Committees on Appropriations not later
than June 1, 2006 on actions CPB management and its Board of
Directors have taken in response to the Inspector General's
November 15, 2005 report and any outstanding issues or
recommendations in the report that may remain unaddressed.
Federal Mediation and Conciliation Service
The conference agreement includes $43,031,000 for the
Federal Mediation and Conciliation Service (FMCS) instead of
$42,331,000 as proposed by the House and $43,439,000 as
proposed by the Senate.
The conference agreement includes $400,000 for FMCS
Labor-Management Grants Program instead of $500,000 as proposed
by the Senate. The House bill did not include funding for this
program. The 1978 Labor-Management Cooperation Act authorized
the Agency to encourage and support joint labor-management
committees. This program awards grants to encourage these
committees to develop innovative joint approaches to workplace
problems and solutions.
The conference agreement includes $300,000 for the FMCS
program to prevent youth violence.
Institute of Museum and Library Services
The conference agreement provides $249,640,000 for the
Institute of Museum and Library Services as proposed by the
House instead of $290,129,000 as proposed by the Senate.
Within the total for the Institute, the conference
agreement includes funding for the following activities in the
following amounts.
(Dollars in thousands)
Program FY 2006
Museums for America........................................... $17,325
Museum Assessment............................................. 446
Museum Conservation Projects.................................. 2,800
Museum Conservation Assessment................................ 815
Museum Natl. Leadership Proj.................................. 8,000
Native American Museum Services............................... 920
21st Century Museum Professionals............................. 992
Museum Grants, African American History and Culture........... 850
Library Serv. State Grants.................................... 165,400
Native American Library Services.............................. 3,675
Library Natl. Leadership Grants............................... 12,500
Laura Bush 21st Century Librarian Program..................... 24,000
Administration................................................ 11,917
The conferees concur with language proposed by the House
to rename the Librarians for the 21st Century Program in honor
of the First Lady, the Laura Bush 21st Century Librarians
Program.
National Council on Disability
The conference agreement includes $3,144,000 for the
National Council on Disability instead of $2,800,000 as
proposed by the House and $3,344,000 as proposed by the Senate.
National Labor Relations Board
The conferees concur with language in the Senate report
regarding the NLRB's plan to restructure its regional offices
and specifically oppose the elimination of Region 30.
Railroad Retirement Board
LIMITATION ON ADMINISTRATION
The conferees are concerned about a proposal to
consolidate the financial statements and audit of the National
Railroad Retirement Investment Trust with the financial
statements and audit of the Railroad Retirement Board in the
context of the preparation of the Railroad Retirement Board's
fiscal year 2006 Statement of Social Insurance. The conferees
note that the Railroad Retirement and Survivors' Improvement
Act of 2001 mandates that the Trust functions independently
from the Railroad Retirement Board. Further, the Act
specifically requires a separate audit of the Trust by a
nongovernmental auditor, and requires that the results of this
audit be included in the Trust's Annual Management Report to
Congress. The conferees expect that the Trust be administered
and audited solely in conformance with the Act of 2001.
Limitation on the Office of Inspector General
The conference agreement does not include language
proposed by the Senate that allows the Office of the Inspector
General to conduct audits, investigations, and reviews of the
Medicare programs.
Social Security Administration
Supplemental Security Income Program
The conference agreement includes $29,369,174,000 for the
Supplemental Security Income Program instead of $29,533,174,000
as proposed by the House and $29,510,574,000 as proposed by the
Senate. The conference agreement also includes an advance
appropriation of $11,110,000,000, as proposed by both the House
and the Senate, for the first quarter of fiscal year 2007, to
ensure uninterrupted benefit payments. Also within the total,
$2,733,000,000 is included for the administrative costs of the
program rather than $2,897,000,000 as proposed by the House and
$2,874,400,000 as proposed by the Senate.
The conference agreement does not include a provision
proposed by the Senate that changes the delivery date of
benefit payments from fiscal year 2006 to 2007. The House did
not include this provision.
Limitation on Administrative Expenses
The conference agreement includes $9,199,400,000 for the
limitation on administrative expenses rather than
$9,279,700,000 as proposed by the House and $9,329,400,000 as
proposed by the Senate.
Office of Inspector General
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $92,400,000 for the
Office of Inspector General rather than $92,805,000 as proposed
by the House and $93,000,000 as proposed by the Senate.
TITLE V--GENERAL PROVISIONS
Use of Appropriated Funds for Publicity and Propaganda
The conference agreement includes a general provision as
proposed by the Senate pertaining to the use of appropriated
funds for publicity or propaganda purposes. The House bill
included a similar provision, but expanded the scope to include
private contractors.
Sterile Needle Program
The conference agreement includes a general provision as
proposed by the Senate pertaining to sterile needle programs.
The Senate bill made a minor technical change to the language
carried in prior years. The House bill included the same
provision, but without the technical modification.
Use of Federal Funds for Abortions
The conference agreement includes a general provision as
proposed by the Senate pertaining to the use of federal funds
in the Act for abortions. The Senate bill made a minor
technical change to the language carried in prior years. The
House bill included the same provision, but without the
technical modification.
Conscience Clause
The conference agreement includes a general provision as
proposed by the House regarding discrimination against those
health care providers or institutions who are opposed to
abortion. The Senate bill proposed to modify this provision.
Embryo Research Ban
The conference report includes a technical correction to
the longstanding bill language prohibiting funds to be used for
research involving the creation or destruction of human
embryos. The citation of the Code of Federal Regulations
contained in both the House and Senate versions of the bill is
corrected.
Veterans' Employment Report
The conference agreement includes a general provision as
proposed by the Senate pertaining to the availability of funds
to enter into or renew any contract with an entity that is
subject to submitting a report concerning the employment of
certain veterans. The House bill did not include this
provision.
Limitation on Libraries
The conference agreement includes a limitation, carried
in prior years, on the ability of a library to access funding
provided under this Act unless the library is in compliance
with the Children's Internet Protections Act, as proposed by
the House. The Senate bill did not include this provision.
Limitation on Schools
The conference agreement includes a limitation, carried
in prior years, on the ability of an elementary or secondary
school to access technology funding provided under this Act
unless the school is in compliance with the Children's Internet
Protections Act, as proposed by the House. The Senate bill did
not include this provision.
Reprogramming of Funds
The conference agreement includes a general provision as
proposed by the House pertaining to the reprogramming of funds.
The Senate bill included the same substantive provision, but
with minor technical differences.
Immigration and Nationality Act Amendment
The conference agreement includes a general provision
amending the Immigration and Nationality Act as proposed by the
Senate. The House bill did not include this provision.
Scientific Advisory Committee Appointments
The conference agreement includes a general provision as
proposed by the Senate pertaining to appointments to a
scientific advisory committee, instead of a similar provision
included in the House bill.
Erectile Dysfunction (E.D.) Drugs Funds Limitation
The conference agreement includes a general provision as
proposed by the Senate prohibiting the use of funds for drugs
approved to treat E.D. The House bill included a similar
provision, but with slightly different language.
Availability of MMA Funds
The conference agreement does not include a general
provision as proposed by the House extending the availability
of funds provided by the Medicare Modernization Act from fiscal
year 2005 to fiscal year 2006. The Senate bill did not include
this provision.
Limitation of Funds for Sexual or Erectile Dysfunction Treatment
The conference agreement does not include a general
provision as proposed by the House pertaining to the payment
for or the reimbursement of a drug for the treatment of sexual
or erectile dysfunction funded in this Act for individuals who
have been convicted for sexual abuse, sexual assault or any
other sexual offense. The Senate bill did not include this
provision.
CPB Funding Amendment
The conference agreement does not include a general
provision as proposed by the House reducing the amounts
available to certain specified programs and activities in order
to restore funding for the Corporation for Public Broadcasting.
Funding for the programs included in this provision are
specified under the relevant headings. The Senate bill did not
include this provision.
Education OIG Determination
The conference agreement does not include a general
provision as proposed by the House pertaining to a specific
Department of Education Office of the Inspector General
determination. The Senate bill did not include this provision.
PBGC Limitation
The conference agreement does not include a general
provision proposed by the House pertaining to the Pension
Benefit Guaranty Corporation and a specific settlement
agreement. The Senate bill did not include this provision.
Immigration Limitation
The conference agreement does not include a general
provision as proposed by the House prohibiting the use of funds
by the Department of Education in contravention of section 505
of the Illegal Immigration Reform and Responsibility Act of
1996. The Senate bill did not include this provision.
NIMH Grants
The conference agreement does not include a general
provision as proposed by the House regarding NIMH grants. The
Senate bill did not include this provision.
Mexican Totalization
The conference agreement does not include a general
provision proposed by the House pertaining to a totalization
agreement with Mexico. The Senate bill did not include this
provision.
Higher Education Limitation
The conference agreement does not include a general
provision proposed by the House regarding student loans. The
Senate bill did not include this provision.
Limitation, Directive, or Earmarking
The conference agreement does not include a general
provision proposed by the Senate regarding directives contained
in either the House or Senate reports accompanying H.R. 3010.
The House bill did not include this provision.
Diversity Visa Fairness Act
The conference agreement does not include a general
provision as proposed by the Senate that contains the Diversity
Visa Fairness Act. The House bill did not include this
provision.
Port of Entry Designation
The conference agreement does not include a general
provision as proposed by the Senate designating the MidAmerica
St. Louis Airport in Mascoutah, Illinois a port of entry. The
House bill did not include this provision.
Risk Assessment Estimate
The conference agreement does not include a general
provision as proposed by the Senate pertaining to improper
payments for a variety of programs administered by the
Departments of Health and Human Services and Education. The
House did not include this provision. Language regarding this
issue is included in the statement of the managers for the
Department of Health and Human Services.
Internal Revenue Service Outsourcing
The conference agreement deletes without prejudice a
general provision as proposed by the Senate expressing the
sense of the Senate on the outsourcing of IRS duties and the
effects on the employment of disabled veterans and other
persons with severe disabilities. The House did not include
this provision.
CONFERENCE AGREEMENT
The following table displays the amounts agreed to for
each program, project or activity with appropriate comparisons:
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2006 recommended by the Committee of Conference,
with comparisons to the fiscal year 2005 amount, the 2006
budget estimates, and the House and Senate bills for 2006
follow:
(In thousands of dollars)
New budget (obligational) authority, fiscal year 2005... $501,344,992
Budget estimates of new (obligational) authority, fiscal
year 2006........................................... 596,122,425
House bill, fiscal year 2006............................ 601,642,273
Senate bill, fiscal year 2006........................... 612,406,934
Conference agreement, fiscal year 2006.................. 601,673,301
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2005.............................................. +100,328,309
Budget estimates of new (obligational) authority,
fiscal year 2006.................................. +5,550,876
House bill, fiscal year 2006........................ +31,028
Senate bill, fiscal year 2006....................... -10,733,633
Ralph Regula,
Ernest Istook, Jr.,
Roger F. Wicker,
Anne M. Northup,
Randy ``Duke'' Cunningham,
Kay Granger,
John E. Peterson,
Don Sherwood,
Dave Weldon,
Jim Walsh,
Jerry Lewis,
Managers on the Part of the House.
Arlen Specter,
Thad Cochran,
Judd Gregg,
Kay Bailey Hutchison,
Larry E. Craig,
Ted Stevens,
Mike DeWine,
Richard Shelby,
Pete V. Domenici,
Managers on the Part of the Senate.
