[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2810 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 699
108th CONGRESS
  2d Session
                                S. 2810

                          [Report No. 108-345]

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2005, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2004

    Mr. Specter, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2005, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                         (including rescission)

    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
such Act; $2,914,662,000 plus reimbursements, of which $1,894,099,000 
is available for obligation for the period July 1, 2005 through June 
30, 2006; except that amounts determined by the Secretary of Labor to 
be necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act 
shall be available from October 1, 2004 until expended; of which 
$994,242,000 is available for obligation for the period April 1, 2005 
through June 30, 2006, to carry out chapter 4 of the Act; and of which 
$26,321,000 is available for the period July 1, 2005 through June 30, 
2008 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, $283,371,000 shall be 
for activities described in section 132(a)(2)(A) of such Act and 
$1,196,048,000 shall be for activities described in section 
132(a)(2)(B) of such Act: Provided further, That $250,000,000 shall be 
available for the Community College Initiative, of which $125,000,000 
shall be from funds reserved under section 132(a)(2)(A) of the 
Workforce Investment Act: Provided further, That funds provided to 
carry out section 132(a)(2)(A) of the Workforce Investment Act 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 $8,000,000 shall be for carrying out 
section 172 of the Workforce Investment Act of 1998: Provided further, 
That, notwithstanding any other provision of law or related regulation, 
$76,874,000 shall be for carrying out section 167 of the Workforce 
Investment Act of 1998, including $71,787,000 for formula grants, 
$4,583,000 for migrant and seasonal housing (of which not less than 70 
percent shall be for permanent housing), and $504,000 for other 
discretionary purposes: 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 Act, 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, 2005 through June 30, 2006, and of which 
$100,000,000 is available for the period October 1, 2005 through June 
30, 2008, for necessary expenses of construction, rehabilitation, and 
acquisition of Job Corps centers.
    Of the unobligated funds contained in the H-1B Nonimmigrant 
Petitioner Account that are available to the Secretary of Labor 
pursuant to section 286(s)(2) of the Immigration and Nationality Act (8 
U.S.C. 1356(s)(2)), $100,100,000 are rescinded.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965, as 
amended, $440,200,000.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I and section 246; and for 
training, allowances for job search and relocation, and related State 
administrative 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), $1,057,300,000, 
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, $141,797,000, together with 
not to exceed $3,540,438,000 (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, 2005, except that funds used for 
automation acquisitions shall be available for obligation by the States 
through September 30, 2007; of which $141,797,000, together with not to 
exceed $763,724,000 of the amount which may be expended from said trust 
fund, shall be available for obligation for the period July 1, 2005 
through June 30, 2006, to fund 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 2005 is projected by the 
Department of Labor to exceed 3,227,000, 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 under 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, 2006, $517,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2005, 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, 
$117,576,000, together with not to exceed $60,039,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $132,345,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is 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, 2005 for such Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2005 shall be 
available for obligations for administrative expenses in excess of 
$266,330,000: Provided further, That obligations in excess of such 
amount may be incurred after approval by the Office of Management and 
Budget 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, $403,812,000, together with 
$2,058,000 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 $1,250,000 shall be for the 
development of an alternative system for the electronic submission of 
reports required to be filed under the Labor-Management Reporting and 
Disclosure Act of 1959, as amended, and for a computer database of the 
information for each submission by whatever means, that is indexed and 
easily searchable by the public via the Internet: Provided further, 
That the Secretary of Labor is authorized to accept, retain, and spend, 
until expended, in the name of the Department of Labor, all sums of 
money ordered to be paid to the Secretary of Labor, in accordance with 
the terms of the Consent Judgment in Civil Action No. 91-0027 of the 
United States District Court for the District of the Northern Mariana 
Islands (May 21, 1992): Provided further, 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, $233,000,000, 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, 2004, 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, 2005: 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, $39,668,000 
shall be made available to the Secretary as follows: (1) for 
enhancement and maintenance of automated data processing systems and 
telecommunications systems, $12,351,000; (2) for automated workload 
processing operations, including document imaging, centralized mail 
intake and medical bill processing, $14,221,000; (3) for periodic roll 
management and medical review, $13,096,000; and (4) the remaining funds 
shall be paid into the Treasury as miscellaneous receipts: Provided 
further, That the Secretary may require that any person filing a notice 
of injury or a claim for benefits under chapter 81 of title 5, United 
States Code, or 33 U.S.C. 901 et seq., provide as part of such notice 
and claim, such identifying information (including Social 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''), $276,000,000, 
to remain available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2006, $81,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $40,821,000, to remain available 
until expended: 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 2005 
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.

                    black lung disability trust fund

                     (including transfer of funds)

    In fiscal year 2005 and thereafter, such sums as may be necessary 
from the Black Lung Disability Trust Fund, to remain available until 
expended, for payment of all 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 2005 for expenses of operation and administration of the 
Black Lung Benefits program, as authorized by section 9501(d)(5): 
$32,646,000 for transfer to the Employment Standards Administration, 
``Salaries and Expenses''; $23,705,000 for transfer to Departmental 
Management, ``Salaries and Expenses''; $342,000 for transfer to 
Departmental 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, $468,645,000, including not to exceed $91,747,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, 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, 2005, 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, 2005 to September 30, 2006, provided that a grantee has 
demonstrated satisfactory performance.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $280,002,000, 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; 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, $455,045,000, 
together with not to exceed $78,473,000, 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).

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $47,555,000.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental 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, $356,728,000, of which, 
$15,000,000, to remain available until September 30, 2006, is for 
Frances Perkins Building Security Enhancements, and $33,565,000 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 $322,000, which 
may be expended from the Employment Security Administration Account in 
the Unemployment Trust Fund: Provided, That no funds made available by 
this Act may be used by the Solicitor of Labor to participate in a 
review in any United States court of appeals of any decision made by 
the Benefits Review Board under section 21 of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 921) where such participation is 
precluded by the decision of the United States Supreme Court in 
Director, Office of Workers' Compensation Programs v. Newport News 
Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to 
the contrary contained in Rule 15 of the Federal Rules of Appellate 
Procedure: Provided further, That no funds made available by this Act 
may be used by the Secretary of Labor to review a decision under the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) 
that has been appealed and that has been pending before the Benefits 
Review Board for more than 12 months: Provided further, That any such 
decision pending a review by the Benefits Review Board for more than 1 
year shall be considered affirmed by the Benefits Review Board on the 
1-year anniversary of the filing of the appeal, and shall be considered 
the final order of the Board for purposes of obtaining a review in the 
United States courts of appeals: Provided further, That these 
provisions shall not be applicable to the review or appeal of any 
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et 
seq.).

                    veterans employment and training

    Not to exceed $194,098,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2005, of which $2,000,000 is for the 
National Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and 
the Veterans Workforce Investment Programs (29 U.S.C. 2913), 
$32,683,000, of which $9,683,000 shall be available for obligation for 
the period July 1, 2005 through June 30, 2006.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $64,029,000, together with not to exceed $5,561,000, which may 
be expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                          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, $15,000,000.

                           General Provisions

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.

                  (transfer or reprogramming of funds)

    Sec. 102. 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 or 
reprogrammed 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 or reprogramming: Provided, That the 
Appropriations Committees of both Houses of Congress are notified at 
least 15 days in advance of any transfer, reprogramming request or 
announcement of such transfer or reprogramming request.
    Sec. 103. 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. 104. 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. 105. Not later than 30 days after the date of enactment of 
this Act, the Secretary of Labor shall issue a monthly transit subsidy 
of not less than the amount each of its employees of the National 
Capital Region is eligible to receive, not to exceed a maximum of $100, 
as directed by Executive Order 13150.
    Sec. 106. The Department of Labor shall submit its fiscal year 2006 
congressional budget justifications to the Committees on Appropriations 
of the House of Representatives and the Senate using the identical 
structure provided under this Act.
    Sec. 107. None of the funds provided in this Act may be used by the 
Department of Labor to implement or administer any change to 
regulations regarding overtime compensation (contained in part 541 of 
title 29, Code of Federal Regulations) in effect on July 14, 2004, 
except those changes in the Department of Labor's final regulation 
published in the Federal Register on April 23, 2004 at section 541.600 
of such title 29.
    Sec. 108. Overtime regulations promulgated by the Department of 
Labor and in effect as of July 14, 2004 are reinstated, except for 
salary requirements superseded by section 541.600 of the final overtime 
regulation published in the Federal Register on April 23, 2004.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2005''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V of the Social Security Act, 
and sections 1128E, 711 and 1820 of the Social Security Act, the Health 
Care Quality Improvement Act of 1986, as amended, the Native Hawaiian 
Health Care Act of 1988, as amended, the Cardiac Arrest Survival Act of 
2000, and the Poison Control Center Enhancement and Awareness Act, as 
amended, $6,941,280,000, of which $371,536,000 shall be available for 
construction and renovation (including equipment) of health care and 
other facilities and other health-related activities, and of which 
$39,499,000 from general revenues, notwithstanding section 1820(j) of 
the Social Security Act, shall be available for carrying out the 
Medicare rural hospital flexibility grants program under section 1820 
of such Act: Provided, That of the funds made available under this 
heading, $249,000 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 $31,000,000 of the funding provided for 
community health centers shall be used for base grant adjustments for 
existing centers: Provided further, That no more than $4,821,000 is 
available until expended for carrying out the provisions of U.S.C. 
Title 42 Section 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: Provided 
further, That $9,941,000 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, 
$308,283,000 shall be for the program under title X of the Public 
Health Service Act to provide for voluntary family planning projects: 
Provided further, That amounts provided to said projects under such 
title shall not be 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 $783,872,000 shall be for State AIDS Drug 
Assistance Programs authorized by section 2616 of the Public Health 
Service Act: Provided further, That in addition to amounts provided 
herein, $25,000,000 shall be available from amounts available under 
section 241 of the Public Health Service Act to carry out Parts A, B, 
C, and D of title XXVI of the Public Health Service Act to fund section 
2691 Special Projects of National Significance: Provided further, That, 
notwithstanding section 502(a)(1) of the Social Security Act, not to 
exceed $122,530,000 is available for carrying out special projects of 
regional and national significance pursuant to section 501(a)(2) of 
such Act.

           health education assistance loans program account

    Such sums as may be necessary to carry out the 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, 
$3,270,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,176,000 shall 
be available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 
203, 301, and 501 of the Federal Mine Safety and Health Act of 1977, 
sections 20, 21, and 22 of the Occupational Safety and Health Act of 
1970, title IV of the Immigration and Nationality Act, and section 501 
of the Refugee Education Assistance Act of 1980; including purchase and 
insurance of official motor vehicles in foreign countries; and 
purchase, hire, maintenance, and operation of aircraft, $4,538,592,000, 
of which $294,500,000 shall remain available until expended for 
equipment, and construction and renovation of facilities, and of which 
$118,842,000 for international HIV/AIDS shall remain available until 
September 30, 2006. 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) $4,974,000 for Public 
Health Informatics evaluations; (5) $463,000 for Health Marketing 
evaluations; (6) $35,000,000 to carry out Public Health Research; and 
(7) $82,097,000 to carry out Research Tools and Approaches 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 $30,000,000 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 without regard to existing 
statute, funds appropriated may be used to proceed, at the discretion 
of the Centers for Disease Control and Prevention, with property 
acquisition, including a long-term ground lease for construction on 
non-Federal land, to support the construction of a replacement 
laboratory in the Fort Collins, Colorado area: 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 the Director of the Centers for Disease Control and 
Prevention may direct up to 1 percent of the amount made available for 
any program, project or activity in this Act to the Centers for Disease 
Control and Prevention to programs, projects, and activities the 
Director may so designate: Provided further, That no such program, 
project, or activity shall be decreased by more than 1 percent by any 
such transfers: Provided further, That no such program, project, or 
activity shall be increased by more than 3 percent and that Congress is 
promptly notified of the transfer.

                     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, $4,894,900,000, 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, $2,985,900,000.

         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, $399,200,000.

    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, 
$1,739,100,000.

        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, 
$1,569,100,000.

         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, 
$4,456,300,000: Provided, That $149,115,000 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 $150,000,000 shall be for extramural 
facilities construction grants to enhance the Nation's capability to do 
research on biological and other agents.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,975,500,000.

        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, 
$1,288,900,000.

                         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, 
$680,300,000.

          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, 
$655,100,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,094,500,000.

 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, $520,900,000.

    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, 
$399,000,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $140,200,000.

           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, $444,900,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,026,200,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,436,800,000.

                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, $496,400,000.

      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, $300,800,000.

                 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, $1,213,400,000: 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: Provided further, That $119,220,000 shall be for extramural 
facilities construction 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, 
$121,900,000.

       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, $197,900,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, $67,600,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$316,900,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 2005, 
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, $364,100,000, of which up to 
$10,000,000 shall be used to carry out section 218 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 1 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.

                        buildings and facilities

                     (including transfer of funds)

    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, $114,500,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, single contracts or related contracts, which 
collectively include the full scope of the project, may be employed for 
the development and construction of the first and second phases of the 
John Edward Porter Neuroscience Research Center: Provided further, That 
the solicitations and contracts shall contain the clause ``availability 
of funds'' found at 48 CFR 52.232-18.

       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 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Individuals with Mental Illness Act, and 
section 301 of the Public Health Service Act with respect to program 
management, $3,361,426,000: 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) 
$79,200,000 to carry out subpart II of title XIX of the Public Health 
Service 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 title 
XIX; (2) $21,803,000 to carry out subpart I of Part B of title XIX of 
the Public Health Service Act to fund section 1920(b) technical 
assistance, data collection and program 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; (4) $2,000,000 for mental health data 
collection; and (5) $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.

               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, $119,124,488,000, to remain available until 
expended.
    For making, after May 31, 2005, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2005 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 2006, $58,517,290,000, 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, 
$114,608,900,000. To ensure prompt payments of Medicare prescription 
drug benefits as provided under section 1860 D-16 of the Social 
Security Act, $5,216,900,000, to become available on October 1, 2005 
for fiscal year 2006.

                           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 $2,756,644,000, 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 $24,400,000, to remain available until September 30, 
2006, is for contract costs for CMS's Systems Revitalization Plan: 
Provided further, That $78,300,000, to remain available until September 
30, 2006, is for contract costs for the Healthcare Integrated General 
Ledger Accounting System: Provided further, That not more than 
$13,000,000 shall be available for the Healthy Start, Grow Smart 
program: Provided further, That not less than $129,000,000 shall be for 
proceessing Medicare appeals, of which up to $50,000,000 shall be 
transferred to the Social Security Administration for processing 
Medicare appeals: Provided further, That the Secretary of Health and 
Human Services is directed to collect fees in fiscal year 2005 from 
Medicare+Choice 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 processing unit costs are projected by the Centers for 
Medicare and Medicaid Services to exceed $0.87 for Part A claims and/or 
$0.63 for Part B claims, up to an additional $18,000,000 may be 
available for obligation for every $0.04 increase in Medicare claims 
processing unit costs from the Federal Hospital Insurance and the 
Federal Supplementary Medical Insurance Trust Funds. The calculation of 
projected unit costs shall be derived in the same manner in which the 
estimated unit costs were calculated for the Federal budget estimate 
for the fiscal year.

      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 2005, no commitments for direct loans or loan guarantees shall be 
made.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,873,802,000, to remain 
available until expended; and for such purposes for the first quarter 
of fiscal year 2006, $1,200,000,000, to remain available until 
expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the 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, $1,901,090,000, of which $500,000 may be 
available for evaluation purposes.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $99,410,000, to remain available until 
expended: Provided, That these funds are for the unanticipated home 
energy assistance needs of one or more States, as authorized by section 
2604(e) of the Act, and notwithstanding the designation requirement of 
section 2602(e).

                     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 section 5 of the Torture Victims Relief Act of 2003 (Public Law 
108-179), $477,239,000, of which up to $10,000,000 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 2005 shall be 
available for the costs of assistance provided and other activities, to 
remain available through September 30, 2007.

   payments to states for the child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), $2,099,729,000 shall be used to supplement, not supplant 
state general revenue funds for child care assistance for low-income 
families: Provided, That $19,120,000 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,000 shall be for the Child Care Aware toll free hotline: 
Provided further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $272,672,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $100,000,000 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $10,000,000 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

    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, the Early Learning Opportunities Act, 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, 474, 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, section 5 of the Torture Victims Relief Act of 1998 
(Public Law 105-320), sections 40155, 40211, and 40241 of Public Law 
103-322, and section 126 and titles IV and V of Public Law 100-485, 
$9,094,146,000, of which $32,103,000, to remain available until 
September 30, 2006, shall be for grants to States for adoption 
incentive payments, as authorized by section 473A of title IV of the 
Social Security Act (42 U.S.C. 670-679) and may be made for adoptions 
completed before September 30, 2005: Provided further, That 
$6,935,452,000 shall be for making payments under the Head Start Act, 
of which $1,400,000,000 shall become available October 1, 2005 and 
remain available through September 30, 2006: Provided further, That 
$727,650,000 shall be for making payments under the Community Services 
Block Grant Act: Provided further, That not less than $7,500,000 shall 
be for section 680(3)(B) of the Community Services Block Grant Act, as 
amended: Provided further, That not less than $2,000,000 shall be for 
neighborhood innovation projects under section 608(a)(4) of the 
Community Services Block Grant Act, as amended: 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 $47,702,000 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 $14,912,000 shall be for 
activities authorized by the Help America Vote Act of 2002, of which 
$10,000,000 shall be for payments to States to promote access for 
voters with disabilities, and of which $4,912,000 shall be for payments 
to States for protection and advocacy systems for voters with 
disabilities: Provided further, That $100,000,000 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 the abstinence education was provided: Provided further, That in 
addition to amounts provided herein for abstinence education to 
adolescents, $4,500,000 shall be available from amounts available under 
section 241 of the Public Health Services 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.

                   promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$305,000,000 and for section 437, $99,383,000.

       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, $5,037,900,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Act, for the first quarter of fiscal year 2006, 
$1,767,200,000.
    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, $1,395,117,000, of which $4,558,000 shall remain available 
until September 30, 2007, for the White House Conference on Aging.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, and XXI of the Public Health Service Act, and 
the United States-Mexico Border Health Commission Act, $376,704,000, 
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: 
Provided, That of the funds made available under this heading for 
carrying out title XX of the Public Health Service Act, $16,891,000 
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, $52,838,000 shall be for 
minority AIDS prevention and treatment activities; $14,847,000 shall be 
for an Information Technology Security and Innovation Fund for 
Department-wide activities involving cybersecurity, information 
technology security, and related innovation projects; $2,500,000 shall 
be for a national abstinence education campaign; and $6,000,000 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 no more than 
$2,754,000 shall be available for the Office of the Assistant Secretary 
for Legislation.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $40,323,000: 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, 
$32,043,000, together with not to exceed $3,314,000 to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act and title III of 
the Public Health Service Act, $28,750,000, which shall be available 
from 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 the expenditure of any funds 
available under section 241 of the Public Health Service Act are 
subject to the requirements of section 205 of this Act.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. ch. 55 and 56), and for 
payments pursuant to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), such amounts as may be required during the current 
fiscal year. The following are definitions for the medical benefits of 
the Public Health Service Commissioned Officers that apply to 10 U.S.C. 
chapter 56, section 1116(c). The source of funds for the monthly 
accrual payments into the Department of Defense Medicare-Eligible 
Retiree Health Care Fund shall be the Retirement Pay and Medical 
Benefits for Commissioned Officers account. For purposes of this Act, 
the term ``pay of members'' shall be construed to be synonymous with 
retirement payments to United States Public Health Service officers who 
are retired for age, disability, or length of service; payments to 
survivors of deceased officers; medical care to active duty and retired 
members and dependents and beneficiaries; and for payments to the 
Social Security Administration for military service credits; all of 
which payments are provided for by the Retirement Pay and Medical 
Benefits for Commissioned Officers account.

            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, $2,255,058,000: Provided, That this 
amount is distributed as follows: Centers for Disease Control and 
Prevention, $1,239,571,000; Office of the Secretary, $64,438,000; 
Strategic National Stockpile, $400,000,000, to remain available until 
expended; National Institutes of Health, $47,400,000; and Health 
Resources and Services Administration, $503,649,000: 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 for purposes 
related to homeland security, shall be treated as non-Federal employees 
for reporting purposes only and shall not be included within any 
personnel ceiling applicable to the Agency, Service, or the Department 
of Health and Human Services during the period of detail or assignment.
    In addition, for activities 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, $75,000,000, to remain available until expended.

                           General Provisions

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399F(b) of the 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 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. 206. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but not 
more than 2.5 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 or reprogramming of funds)

    Sec. 207. 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 or reprogrammed 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 or reprogramming: Provided, That a 
program, project or activity may be increased by up to an additional 2 
percent subject to written approval by the House and Senate Committees 
on Appropriations: Provided further, That the Appropriations Committees 
of both Houses of Congress are notified at least 15 days in advance of 
any transfer, reprogramming request or announcement of such transfer or 
reprogramming request.
    Sec. 208. 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, centers, and divisions 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.
    Sec. 209. 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. 210. 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. 211. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare+Choice 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+Choice organization 
described in this section shall be responsible for informing enrollees 
where to obtain information about all Medicare covered services.
    Sec. 212. 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. 213. The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``1997, 1998, 
                1999, 2000, 2001, 2002, 2003, and 2004'' and inserting 
                ``1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, and 
                2005''; and
                    (B) in subsection (e), by striking ``October 1, 
                2004'' each place it appears and inserting ``October 1, 
                2005'';
                    (C) in subsection (b)(1)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(C) one or more categories of aliens who are or were 
        nationals and residents of the Islamic Republic or Iran who, as 
        members of a religious minority in Iran, share common 
        characteristics that identify them as targets of persecution in 
        that state on account of race, religion, nationality, 
        membership in a particular social group, or political 
        opinion.''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``September 30, 2004'' and inserting 
        ``September 30, 2005''.
    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, 2005 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 2005 
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 2004, 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 2004 State expenditures and all fiscal year 2005 
obligations for tobacco prevention and compliance activities by program 
activity by July 31, 2005.
    (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, 2005.
    (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 2005, 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 may utilize 
personal services contracting to employ professional management/
administrative and occupational health professionals.
    Sec. 217. Notwithstanding any other provisions of law, funds made 
available under this heading may be used to continue operating the 
Council on Graduate Medical Education established by section 301 of 
Public Law 102-408.
    Sec. 218. (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 Initiative of the Director.
    (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. 219. Notwithstanding limitations in section 399G(i)(2)(B) and 
section 499(m) of the Public Health Service Act, $10,000 of the amount 
provided herein may be made available to each authority under section 
399G and section 499 of said act for official reception and 
representation expenses when specifically approved by the agents 
designated under section 399G(h)(8) and section 499(d)(1)(B)(iii) of 
said act.
    Sec. 220. The unobligated balance of $199,900,000 appropriated by 
section 1897(g) of the Social Security Act, as added by section 1016 of 
the Medicare Prescription Drug, Improvement, and Modernization Act of 
2003 (Public Law 108-173), is rescinded.
    Sec. 221. None of the funds provided in this Act may be expended by 
the Secretary of Health and Human Services or by a medicare fiscal 
intermediary or administrative contractor to apply the criteria 
(commonly known as the ``75 percent rule'') that are used to determine 
whether a hospital or unit of a hospital is an inpatient rehabilitation 
facility, as defined in Department of Health and Human Services, 
Centers for Medicare and Medicaid Services, ``Medicare Program; Final 
Rule; Changes to the Criteria for Being Classified as an Inpatient 
Rehabilitation Facility'', 69 Federal Register 25751 et seq. (May 7, 
2004).
    Sec. 222. Summer Health Career Introductory Programs. (a) 
Findings.--Congress finds that--
            (1) the success of the health care system is dependent on 
        qualified personnel;
            (2) hospitals and health facilities across the United 
        States have been deeply impacted by declines among nurses, 
        pharmacists, radiology and laboratory technicians, and other 
        workers;
            (3) the health care workforce shortage is not a short term 
        problem and such workforce shortages can be expected for many 
        years; and
            (4) most States are looking for ways to address such 
        shortages.
    (b) Grants.--The Secretary of Health and Human Services, acting 
through the Bureau of Health Professions of the Health Resources and 
Services Administration, may award not to exceed 5 grants for the 
establishment of summer health career introductory programs for middle 
and high school students.
    (c) Eligibility.--To be eligible to receive a grant under 
subsection (b) an entity shall--
            (1) be an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a)); and
            (2) prepare and submit to the Secretary of Health and Human 
        Services an application at such time, in such manner, and 
        containing such information as the Secretary may require.
    (d) Duration.--The term of a grant under subsection (b) shall not 
exceed 4 years.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for fiscal year 2005.
    Sec. 223. In addition to funds appropriated to the Office of 
Inspector General of the Department of Health and Human Services under 
Public Law 104-191 and this Act, $35,000,000 shall be transferred from 
amounts appropriated under section 1015(a)(1) of Public Law 108-173 for 
activities by the Office of Inspector General of the Department of 
Health and Human Services relating to oversight of programs established 
or revised by Public Law 108-173.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2005''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $15,500,684,000, of which $7,840,439,000 shall become available 
on July 1, 2005, and shall remain available through September 30, 2006, 
and of which $7,383,301,000 shall become available on October 1, 2005, 
and shall remain available through September 30, 2006, for academic 
year 2005-2006: Provided, That $7,104,447,000 shall be available for 
basic grants under section 1124: Provided further, That up to 
$3,500,000 of these funds shall be available to the Secretary of 
Education on October 1, 2004, 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 available for 
concentration grants under section 1124A: Provided further, That 
$2,231,954,000 shall be available for targeted grants under section 
1125: Provided further, That $2,756,175,000 shall be available for 
education finance incentive grants under section 1125A: Provided 
further, That $9,500,000 shall be available to carry out part E of 
title I: Provided further, That from the funds available to carry out 
part E of title I, up to $1,000,000 shall be available to the Secretary 
of Education to provide technical assistance to state and local 
educational agencies concerning part A of title I: Provided further, 
That $233,613,000 shall be available for comprehensive school reform 
grants under part F of the ESEA.
    From the amount made available for basic grants under the previous 
paragraph, $71,557,000, which shall become available on October 1, 
2004, shall be for additional amounts to carry out subpart 2 of part A 
of title I of the Elementary and Secondary Education Act of 1965 in 
academic year 2004-2005: Provided, That these funds shall be allocated, 
notwithstanding any other provision of law, only to those States that 
received funds under that subpart for fiscal year 2004 that were less 
than those States received under that subpart for fiscal year 2003: 
Provided further, That the Secretary of Education shall use these 
additional funds to increase those States' fiscal year 2004 allocations 
under that subpart up to the amount they received under that subpart 
for fiscal year 2003: Provided further, That each such State shall use 
the funds appropriated under this paragraph to ratably increase the 
amount of funds for each local educational agency in the State that 
received less under that subpart in fiscal year 2004 than it received 
under that subpart in fiscal year 2003: Provided further, That the 
Secretary shall not take into account the funds made available under 
this paragraph in determining State allocations under any other program 
administered by the Secretary in any fiscal year.

                               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, $1,229,527,000, of which 
$1,063,687,000 shall be for basic support payments under section 
8003(b), $50,369,000 shall be for payments for children with 
disabilities under section 8003(d), $45,936,000 shall be for 
construction under section 8007 and shall remain available through 
September 30, 2006, $61,634,000 shall be for Federal property payments 
under section 8002, and $7,901,000, to remain available until expended, 
shall be for facilities maintenance under section 8008.

                      School Improvement Programs

    For carrying out school improvement activities authorized by titles 
II, part B of title IV, part A and subparts 6 and 9 of part D of title 
V, part 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; sections 203 and 208 of the Educational 
Technical Assistance Act of 2002; the Compact of Free Association 
Amendments Act of 2003; and the Civil Rights Act of 1964, 
$5,770,632,000, of which $4,095,967,000 shall become available on July 
1, 2005, and remain available through September 30, 2006, and of which 
$1,435,000,000 shall become available on October 1, 2005, and shall 
remain available through September 30, 2006, for academic year 2005-
2006: Provided, That 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 
$1,000,000 shall be for a grant to the Department of Education of the 
State of Hawaii for the activities described in such proviso: 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 
$420,000,000 shall be for State assessments and related activities 
authorized under sections 6111 and 6112 of the ESEA: Provided further, 
That $57,283,000 shall be available to carry out section 203 of the 
Educational Technical Assistance Act of 2002: Provided further, That 
$31,111,000 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 $17,214,000 shall be available to carry out section 
105(f)(1)(B)(iii) of the Compact of Free Association Amendments Act of 
2003 (Public Law 108-188; hereafter the ``Compact Act''): Provided 
further, That these funds shall be transferred to the Secretary of the 
Interior in the amount of $11,717,000 for the Federated States of 
Micronesia (FSM) and $5,497,000 for the Republic of the Marshall 
Islands (RMI) to supplement the education grants under section 
211(a)(1) of the U.S.-FSM Compact and section 211(a)(1) of the U.S.-RMI 
Compact, respectively: Provided further, That up to 10 percent of these 
amounts may be reserved by the Department of the Interior to provide 
technical assistance, oversight, and consultancy services in the 
administration of these supplemental education grants and to reimburse 
the Departments of Labor, Health and Human Services, and Education for 
such services: Provided further, That the government, institutions, and 
individuals of the Republic of Palau shall continue to be eligible for 
the programs specified in sections 105(f)(1)(B)(ii) and (iii) of the 
Compact Act, to the extent, and subject to the conditions under which, 
they were eligible in fiscal year 2003.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $120,856,000.

                       Innovation and Improvement

    For carrying out activities authorized by parts G and H of title I, 
subpart 5 of part A and parts C and D of title II, and parts B, C, and 
D of title V, and section 1504 of the Elementary and Secondary 
Education Act of 1965 (``ESEA''), $1,144,346,000: Provided, That 
$74,073,000 for continuing and new grants to demonstrate effective 
approaches to comprehensive school reform shall become available on 
July 1, 2005, and remain available through September 30, 2006, and 
shall be allocated and expended in the same manner as the funds 
provided under the Fund for the Improvement of Education for this 
purpose were allocated and expended in fiscal year 2003: Provided 
further, That $17,000,000 shall be available to carry out section 
2151(c) of the ESEA, of which not less than $10,000,000 shall be 
provided to the National Board for Professional Teaching Standards, and 
not less than $7,000,000 shall be provided to the American Board for 
the Certification of Teacher Excellence: Provided further, That 
$37,279,000 shall be for subpart 2 of part B of title V: Provided 
further, That $446,746,000 shall be available to carry out part D of 
title V of the ESEA.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3, 10 and 14 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), title VIII-D of the Higher Education Amendments of 1998, 
and Public Law 102-73, $902,008,000, of which $468,908,000, shall 
become available on July 1, 2005 and remain available through September 
30, 2006: 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 
$440,908,000 shall be available for subpart 1 of part A of title IV and 
$256,219,000 shall be available for subpart 2 of part A of title IV: 
Provided further, That $146,239,000 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 
$12,672,000 may be used to carry out section 2345 and $3,170,000 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: Provided further, That $28,000,000 
shall be for Youth Offender Grants, of which $5,000,000 shall be used 
in accordance with section 601 of Public Law 102-73 as that section was 
in effect prior to enactment of Public Law 105-220: Provided further, 
That of the funds available to carry out subpart 10 of part D of title 
V, up to $2,000,000 may be used to support the Special Olympics 
National Summer Games.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $700,000,000, of 
which $614,500,000 shall become available on July 1, 2005, and shall 
remain available through September 30, 2006: Provided, That funds 
reserved under section 3111(c)(1)(D) of the ESEA that are not used in 
accordance with section 3111(c)(2) may be added to the funds that are 
available July 1, 2005 through September 30, 2006 for State allotments 
under section 3111(c)(3).

                           Special Education

    For carrying out parts B, C, and D of the Individuals with 
Disabilities Education Act, $12,406,516,000, of which $6,701,405,000 
shall become available for obligation on July 1, 2005, and shall remain 
available through September 30, 2006, and of which $5,413,000,000 shall 
become available on October 1, 2005, and shall remain available through 
September 30, 2006, for academic year 2005-2006: Provided, That 
$11,400,000 shall be for 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 to provide information on diagnosis, 
intervention, and teaching strategies for children with disabilities: 
Provided further, That the amount for section 611(c) of the Act shall 
be equal to the amount available for that section during fiscal year 
2004, increased by the amount of inflation as specified in section 
611(f)(1)(B)(ii) of the Act.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the 
AT Act''), and the Helen Keller National Center Act, $3,077,328,000, 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 the funds 
provided for title I of the AT Act shall be allocated notwithstanding 
section 105(b)(1) of the AT Act: Provided further, That section 101(f) 
of the AT Act shall not limit the award of an extension grant to three 
years or prohibit such awards after September 30, 2004: Provided 
further, That no State or outlying area awarded funds under section 101 
shall receive less than the amount received in fiscal year 2004: 
Provided further, That not less than $5,495,000 shall be for grants to 
States under title III of the AT Act: Provided further, That the 
Federal share of such grants shall not exceed 75 percent, and the 
requirements in sections 301(c)(2) and 302 of the AT Act 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.), $17,000,000.

               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.), $55,790,000, of which $1,685,000 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.), $105,400,000: 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, and subparts 4 and 11 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $2,102,086,000, of which $1,300,086,000 shall become 
available on July 1, 2005 and shall remain available through September 
30, 2006 and of which $791,000,000 shall become available on October 1, 
2005 and shall remain available through September 30, 2006: Provided, 
That of the amount provided for Adult Education State Grants, 
$69,135,000 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, $9,169,000 
shall be for national leadership activities under section 243 and 
$6,692,000 shall be for the National Institute for Literacy under 
section 242: Provided further, That $184,967,000 shall be available to 
carry out part D of title V of the ESEA: Provided further, That 
$173,967,000 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, 2004 and shall remain available through September 30, 2006, 
for evaluation, technical assistance, school networking, peer review of 
applications, and program outreach activities, and of which not less 
than 95 percent shall become available on July 1, 2005, and remain 
available through September 30, 2006, for grants to local educational 
agencies: Provided further, That funds made available to local 
education agencies under this subpart shall be used only for activities 
related to establishing smaller learning communities in high schools.

                      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, 
$14,859,694,000, which shall remain available through September 30, 
2006.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2005-2006 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, $121,000,000.

                            Higher Education

    For carrying out, to the extent not otherwise provided, section 121 
and titles II, III, IV, V, VI, and VII of the Higher Education Act of 
1965 (``HEA''), as amended, title VIII of the Higher Education 
Amendments of 1998, section 117 of the Carl D. Perkins Vocational and 
Technical Education Act, and the Mutual Educational and Cultural 
Exchange Act of 1961, $2,148,458,000, of which $1,500,000 for interest 
subsidies authorized by section 121 of the HEA shall remain available 
until expended: Provided, That $9,876,000, to remain available through 
September 30, 2006, shall be available to fund fellowships for academic 
year 2006-2007 under part A, subpart 1 of title VII of said Act, under 
the terms and conditions of part A, subpart 1: Provided further, That 
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 $988,000 is for data collection and evaluation 
activities for programs under the HEA, including such activities needed 
to comply with the Government Performance and Results Act of 1993: 
Provided further, That 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 up to 
one percent of the funds referred to in the preceding proviso may be 
used for program evaluation, national outreach, and information 
dissemination activities.

                           Howard University

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$239,763,000, of which not less than $3,600,000 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 Account

    For Federal administrative expenses authorized under section 121 of 
the Higher Education Act of 1965, $578,000 to carry out activities 
related to existing facility loans entered into under the Higher 
Education Act of 1965.

  Historically Black College and University Capital Financing Program 
                                Account

    The aggregate principal amount of outstanding bonds insured 
pursuant to section 344 of title III, part D of the Higher Education 
Act of 1965, shall not exceed $357,000,000, and the cost, as defined in 
section 502 of the Congressional Budget Act of 1974, of such bonds 
shall not exceed zero.
    For administrative expenses to carry out the 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, 
$212,000.

                    Institute of Education Sciences

    For carrying out activities authorized by Public Law 107-279, 
$418,679,000: Provided, That, of the amount appropriated, $165,518,000 
shall be available for obligation through September 30, 2006.

                        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, $420,379,000.

                        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, $92,801,000.

                    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, $50,576,000.

                           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 under 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. The Secretary of Education shall not implement or enforce 
for the award year 2005-2006 the annual update to the allowances for 
State and other taxes in the tables used in the Federal needs analysis 
methodology, as prescribed by the Secretary on May 30, 2003 (68 Fed. 
Reg. 32473).
    This title may be cited as the ``Department of Education 
Appropriations Act, 2005''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington and 
the Armed Forces Retirement Home--Gulfport, to be paid from funds 
available in the Armed Forces Retirement Home Trust Fund, $61,195,000, 
of which $4,000,000 shall remain available until expended for 
construction and renovation of the physical plants at the Armed Forces 
Retirement Home--Washington and the Armed Forces Retirement Home--
Gulfport.

             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, $357,814,000: 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.

                  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 
2007, $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 2005, in addition to the amounts provided above, 
$49,705,000 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 2005, in addition to the amounts provided 
above, $50,000,000 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), 
$44,464,000, including $1,500,000, to remain available through 
September 30, 2006, for activities authorized by the Labor-Management 
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That 
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, 
for special training 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.), $7,813,000.

                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, 
$262,240,000, 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, $9,905,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

        National Commission on Libraries and Information Science

                         salaries and expenses

    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public 
Law 91-345, as amended), $994,000.

                     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, 
$3,371,000.

                     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, 
$250,000,000: 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, $11,635,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $10,516,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $108,000,000, 
which shall include amounts becoming available in fiscal year 2005 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in 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 $108,000,000: 
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, 2006, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $102,600,000, 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 $7,200,000, 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: Provided further, That funds made available 
under the heading in this Act, or subsequent Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Acts, may be used for any audit, investigation, or 
review of the Medicare Program.

                     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, $20,454,000.

                  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, 
$25,327,949,000, 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 2006, $14,130,000,000, to 
remain available until expended: Provided, That, notwithstanding the 
provisions of section 708(a) of the Social Security Act (42 U.S.C. 
908(a)), the day designated for delivery of benefit payments under 
title XVI of such Act for October 2005 shall be the third day of such 
month.

                 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 $8,498,818,000 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 2005 not needed for fiscal 
year 2005 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, $124,000,000 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 2005 exceed $124,000,000, the amounts shall be available in 
fiscal year 2006 only to the extent provided in advance in 
appropriations Acts.
    From funds previously appropriated for Federal-State Partnerships, 
any unobligated balances at the end of fiscal year 2004 shall be 
transferred to the Supplemental Security Income Program and remain 
available until expended to promote Medicare buy-in programs targeted 
to elderly and disabled individuals under titles XVIII and XIX of the 
Social Security Act.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $26,000,000, together with not to exceed $66,000,000, 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.

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $22,099,000.

                      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 under 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. (a) It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds 
made available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (a) by the Congress.
    (c) If it has been finally determined by a court or Federal agency 
that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, pursuant to 
the debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other 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. 508. (a) None of the funds appropriated under this Act, and 
none of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for any abortion.
    (b) None of the funds appropriated under this Act, and none of the 
funds in any trust fund to which funds are appropriated under this Act, 
shall be expended for health benefits coverage that includes coverage 
of 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. 509. (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).
    Sec. 510. (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 46.208(a)(2) and section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 511. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances 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. 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 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. 514. 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. 515. No funds appropriated by this Act may be expended by the 
Railroad Retirement Board for purposes of entering into an arrangement 
with a nongovernmental financial institution to serve as disbursing 
agent, notwithstanding the requirements of section 231f(b)(4)(A) of 
title 45, United States Code.
    Sec. 516. The course of dealings between the United States and the 
Native Hawaiian people, and the enactment of Public Law 67-34 (the 
Hawaiian Homes Commission Act), Public Law 83-3 (the Hawaii Admissions 
Act), Public Law 89-10 (the Native Hawaiian Education Act), Public Law 
100-579 (the Native Hawaiian Health Care Improvement Act), Public Law 
103-150 (the Native Hawaiian Apology Resolution), Public Law 104-42 
(the Hawaiian Homelands Recovery Act), and Public Law 106-569 (the 
Native American Housing Assistance and Self-Determination Act) have 
established a special relationship between the United States and the 
Native Hawaiian people, and accordingly, pursuant to the terms and 
conditions of S. 344, Senate Calendar No. 185, amendment 3576, upon the 
election of the officers of the Native Hawaiian governing entity and 
the certifications by the Secretary of the Interior, the United States 
shall extend Federal recognition to the Native Hawaiian governing 
entity as the representative governing body of the Native Hawaiian 
people.
    Sec. 517. Notwithstanding any other provision of law or regulation, 
the United States Government's interest in the property at 1818 W. 
Northern Lights Boulevard in Anchorage, Alaska, with legal description: 
T13N R4W Section 25, NE \1/4\ NW \1/4\ Portion W135 E953 N350, 
Anchorage Recording District shall be conveyed to Southcentral 
Foundation for a replacement Head Start facility.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2005''.
                                                       Calendar No. 699

108th CONGRESS

  2d Session

                                S. 2810

                          [Report No. 108-345]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2005, and for other purposes.

_______________________________________________________________________

                           September 15, 2004

                 Read twice and placed on the calendar