[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3010 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 27, 2005.
Resolved, That the bill from the House of Representatives (H.R.
3010) entitled ``An Act to making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2006, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2006, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including rescission)
For necessary expenses of the Workforce Investment Act of 1998, the
Denali Commission Act of 1998, and the Women in Apprenticeship and Non-
Traditional Occupations Act of 1992, including the purchase and hire of
passenger motor vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment Act of 1998;
$2,787,806,000 plus reimbursements, of which $1,791,518,000 is
available for obligation for the period July 1, 2006 through June 30,
2007; except that amounts determined by the Secretary of Labor to be
necessary pursuant to sections 173(a)(4)(A) and 174(c) of the Workforce
Investment Act of 1998 shall be available from October 1, 2005 until
expended; and of which $986,288,000 is available for obligation for the
period April 1, 2006 through June 30, 2007, to carry out chapter 4 of
the Workforce Investment Act of 1998; and of which $10,000,000 is
available for the period July 1, 2006 through June 30, 2007 for
necessary expenses of construction, rehabilitation, and acquisition of
Job Corps centers: Provided, That notwithstanding any other provision
of law, of the funds provided herein under section 137(c) of the
Workforce Investment Act of 1998, $282,800,000 shall be for activities
described in section 132(a)(2)(A) of such Act and $1,193,264,000 shall
be for activities described in section 132(a)(2)(B) of such Act:
Provided further, That $125,000,000 shall be available for Community-
Based Job Training Grants, which shall be from funds reserved under
section 132(a)(2)(A) of the Workforce Investment Act of 1998 and shall
be used to carry out such grants under section 171(d) of such Act,
except that the 10 percent limitation otherwise applicable to the
amount of funds that may be used to carry out section 171(d) shall not
be applicable to funds used for Community-Based Job Training grants:
Provided further, That funds provided to carry out section 132(a)(2)(A)
of the Workforce Investment Act of 1998 may be used to provide
assistance to a State for State-wide or local use in order to address
cases where there have been worker dislocations across multiple sectors
or across multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with emerging economic
development needs; and train such eligible dislocated workers: Provided
further, That $7,936,000 shall be for carrying out section 172 of the
Workforce Investment Act of 1998: Provided further, That $982,000 shall
be for carrying out Public Law 102-530: Provided further, That,
notwithstanding any other provision of law or related regulation,
$80,557,000 shall be for carrying out section 167 of the Workforce
Investment Act of 1998, including $75,053,000 for formula grants,
$5,000,000 for migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $504,000 for other
discretionary purposes: Provided further, That notwithstanding the
transfer limitation under section 133(b)(4) of such Act, up to 30
percent of such funds may be transferred by a local board if approved
by the Governor: Provided further, That funds provided to carry out
section 171(d) of the Workforce Investment Act of 1998 may be used for
demonstration projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That no funds from
any other appropriation shall be used to provide meal services at or
for Job Corps centers.
For necessary expenses of the Workforce Investment Act of 1998,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Act; $2,463,000,000 plus reimbursements, of which $2,363,000,000 is
available for obligation for the period October 1, 2006 through June
30, 2007, and of which $100,000,000 is available for the period October
1, 2006 through June 30, 2009, for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers.
Of the funds provided under this heading in Public Law 108-7 to
carry out section 173(a)(4)(A) of the Workforce Investment Act of 1998,
$20,000,000 are rescinded.
Of the funds provided under this heading in Public Law 107-38,
$5,000,000 are rescinded.
The Secretary of Labor shall take no action to amend, through
regulatory or administration action, the definition established in 20
CFR 667.220 for functions and activities under title I of the Workforce
Investment Act of 1998, or to modify, through regulatory or
administrative action, the procedure for redesignation of local areas
as specified in subtitle B of title I of that Act (including applying
the standards specified in section 116(a)(3)(B) of that Act, but
notwithstanding the time limits specified in section 116(a)(3)(B) of
that Act), until such time as legislation reauthorizing the Act is
enacted. Nothing in the preceding sentence shall permit or require the
Secretary of Labor to withdraw approval for such redesignation from a
State that received the approval not later than October 12, 2005, or to
revise action taken or modify the redesignation procedure being used by
the Secretary in order to complete such redesignation for a State that
initiated the process of such redesignation by submitting any request
for such redesignation not later than October 26, 2005.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965, as
amended, $436,678,000.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I and section 246; and for
training, allowances for job search and relocation, and related State
administrative expenses under part II of chapter 2, title II of the
Trade Act of 1974 (including the benefits and services described under
sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment
Assistance Reform Act of 2002, Public Law 107-210), $966,400,000,
together with such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period subsequent to
September 15 of the current year.
state unemployment insurance and employment service operations
For authorized administrative expenses, $119,825,000: Provided,
That amounts provided for in this Act for suicide prevention activities
under the Garrett Lee Smith Memorial Act (Public law 108-355) shall be
increased by $13,000,000: Provided further, That not to exceed
$3,201,000,000 (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, and
including $10,000,000 which may be used to conduct in-person
reemployment and eligibility assessments of unemployment insurance
beneficiaries by State unemployment insurance employees in one-stop
career centers), which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund including the
cost of administering section 51 of the Internal Revenue Code of 1986,
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the
Trade Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
the States through December 31, 2006, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2008; of which $132,825,000, together with not to
exceed $723,188,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2006
through June 30, 2007, to fund activities under the Act of June 6,
1933, as amended, including the cost of penalty mail authorized under
39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments
for such purpose: Provided, That to the extent that the Average Weekly
Insured Unemployment (AWIU) for fiscal year 2006 is projected by the
Department of Labor to exceed 2,800,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase in the
AWIU level (including a pro rata amount for any increment less than
100,000) from the Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career center
system, or which are used to support the national activities of the
Federal-State unemployment insurance or immigration programs, may be
obligated in contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated in this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of
the Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
In addition to amounts made available above, and subject to the
same terms and conditions, $10,000,000 to conduct in-person
reemployment and eligibility assessments of unemployment insurance
beneficiaries by State unemployment insurance employees in one-stop
career centers, and $30,000,000 to prevent and detect fraudulent
unemployment benefits claims filed using personal information stolen
from unsuspecting workers: Provided, That not later than 180 days
following the end of fiscal year 2006, the Secretary shall provide a
report to the Congress which includes:
(1) the amount spent for in-person reemployment and
eligibility assessments of UI beneficiaries in One-Stop Career
Centers, as well as funds made available and expended to
prevent and detect fraudulent claims for unemployment benefits
filed using workers' stolen personal information;
(2) the number of scheduled in-person reemployment and
eligibility assessments, the number of individuals who failed
to appear for scheduled assessments, actions taken as a result
of individuals not appearing for an assessment (e.g., benefits
terminated), results of assessments (e.g., referred to
reemployment services, found in compliance with program
requirements), estimated savings resulting from cessation of
benefits, and estimated savings as a result of accelerated
reemployment; and
(3) the estimated number of UI benefit claims filed using
stolen identification that are discovered at the time of
initial filing, with an estimate of the resulting savings; and
the estimated number of ID theft-related continued claims
stopped, with an estimate of the amount paid on such fraudulent
claims and an estimate of the resulting savings from their
termination.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2007, $465,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2006, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
program administration
For expenses of administering employment and training programs,
$117,123,000, together with not to exceed $82,877,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
workers compensation programs
(rescission)
Of funds provided under this heading in the Emergency Supplemental
Appropriations Act, 2002 (Public Law 107-117, division B), $120,000,000
are rescinded.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $134,900,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2006 for such Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2006 shall be
available for obligations for administrative expenses in excess of
$296,978,000: Provided further, That obligations in excess of such
amount may be incurred after approval by the Office of Management and
Budget and the Committees on Appropriations of the House and Senate.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $410,568,000, together with
$2,048,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That the Secretary of Labor is
authorized to 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, $237,000,000, together with such amounts
as may be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That amounts
appropriated may be used under section 8104 of title 5, United States
Code, by the Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary of a
reemployed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2005, shall remain
available until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c) of title
5, United States Code, to pay an amount for its fair share of the cost
of administration, such sums as the Secretary determines to be the cost
of administration for employees of such fair share entities through
September 30, 2006: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $53,695,000
shall be made available to the Secretary as follows:
(1) for enhancement and maintenance of automated data
processing systems and telecommunications systems, $13,305,000;
(2) for automated workload processing operations, including
document imaging, centralized mail intake and medical bill
processing, $27,148,000;
(3) for periodic roll management and medical review,
$13,242,000; and
(4) the remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person filing
a notice of injury or a claim for benefits under chapter 81 of title 5,
United States Code, or 33 U.S.C. 901 et seq., provide as part of such
notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, (the ``Act''), $232,250,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2007, $74,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
(including transfer of funds)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $96,081,000, to remain available
until expended: Provided, That the Secretary of Labor is authorized to
transfer to any executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, including within the
Department of Labor, such sums as may be necessary in fiscal year 2006
to carry out those authorities: Provided further, That the Secretary
may require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security account number) as may be prescribed: Provided further,
That not later than 30 days after enactment, in addition to other sums
transferred by the Secretary of Labor to the National Institute for
Occupational Safety and Health (``NIOSH'') for the administration of
the Energy Employees Occupational Illness Compensation Program
(``EEOICPA''), the Secretary of Labor shall transfer $4,500,000 to
NIOSH from the funds appropriated to the Energy Employees Occupational
Illness Compensation Fund (42 U.S.C. 7384e), for use by or in support
of the Advisory Board on Radiation and Worker Health (``the Board'') to
carry out its statutory responsibilities under EEOICPA (42 U.S.C.
7384n-q), including obtaining audits, technical assistance and other
support from the Board's audit contractor with regard to radiation dose
estimation and reconstruction efforts, site profiles, procedures, and
review of Special Exposure Cohort petitions and evaluation reports.
black lung disability trust fund
(including transfer of funds)
In fiscal year 2006 and thereafter, such sums as may be necessary
from the Black Lung Disability Trust Fund, to remain available until
expended, for payment of all benefits authorized by section 9501(d)(1),
(2), (4), and (7) of the Internal Revenue Code of 1954, as amended; and
interest on advances, as authorized by section 9501(c)(2) of that Act.
In addition, the following amounts shall be available from the Fund for
fiscal year 2006 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5):
$33,050,000 for transfer to the Employment Standards Administration
``Salaries and Expenses''; $24,239,000 for transfer to Departmental
Management, ``Salaries and Expenses''; $344,000 for transfer to
Departmental Management, ``Office of Inspector General''; and $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $477,491,000, including not to exceed $92,013,000 which
shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fiscal year of
training institute course tuition fees, otherwise authorized by law to
be collected, and may utilize such sums for occupational safety and
health training and education grants: Provided, That, notwithstanding
31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal
year ending September 30, 2006, to collect and retain fees for services
provided to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition programs
that ensure the safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds appropriated under
this paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART) occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That not less than $3,200,000 shall be used to extend funding
for the Institutional Competency Building training grants which
commenced in September 2000, for program activities for the period of
September 30, 2006 to September 30, 2007, provided that a grantee has
demonstrated satisfactory performance.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $280,490,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities; in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health
Administration may retain up to $1,000,000 from fees collected for the
approval and certification of equipment, materials, and explosives for
use in mines, and may utilize such sums for such activities; the
Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or
private; the Mine Safety and Health Administration is authorized to
promote health and safety education and training in the mining
community through cooperative programs with States, industry, and
safety associations; and any funds available to the department may be
used, with the approval of the Secretary, to provide for the costs of
mine rescue and survival operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $464,678,000,
together with not to exceed $77,845,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund, of which $5,000,000 may be used to fund the mass layoff
statistics program under section 15 of the Wagner-Peyser Act (29 U.S.C.
49l-2): Provided, That the Current Employment Survey shall maintain the
content of the survey issued prior to June 2005 with respect to the
collection of data for the women worker series.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $47,164,000.
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, $320,250,000, of which
$6,944,000, to remain available until September 30, 2007, is for
Frances Perkins Building Security Enhancements, and $29,760,000 is for
the acquisition of Departmental information technology, architecture,
infrastructure, equipment, software and related needs, which will be
allocated by the Department's Chief Information Officer in accordance
with the Department's capital investment management process to assure a
sound investment strategy; together with not to exceed $311,000, which
may be expended from the Employment Security Administration Account in
the Unemployment Trust Fund: 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 $194,834,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2006, of which $1,984,000 is for the
National Veterans' Employment and Training Services Institute. To carry
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and
the Veterans Workforce Investment Programs (29 U.S.C. 2913),
$29,500,000, of which $7,500,000 shall be available for obligation for
the period July 1, 2006 through June 30, 2007.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $67,211,000, together with not to exceed $5,608,000, which may
be expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Working Capital Fund
For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software infrastructure and
the costs associated with implementation thereof, $6,230,000.
General Provisions
(transfer of funds)
Sec. 101. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between a
program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That a program, project, or activity may be
increased by up to an additional 2 percent subject to approval by the
House and Senate Committees on Appropriations: Provided further, That
the transfer authority granted by this section shall be available only
to meet emergency needs and shall not be used to create any new program
or to fund any project or activity for which no funds are provided in
this Act: Provided further, That the Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of any
transfer.
Sec. 102. 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. 103. 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. 104. For purposes of chapter 8 of division B of the Department
of Defense and Emergency Supplemental Appropriations for Recovery from
and Response to Terrorist Attacks on the United States Act, 2002
(Public Law 107-117), payments made by the New York Workers'
Compensation Board to the New York Crime Victims Board and the New York
State Insurance Fund before the date of the enactment of this Act shall
be deemed to have been made for workers compensation programs.
Sec. 105. The Department of Labor shall submit its fiscal year 2007
congressional budget justifications to the Committees on Appropriations
of the House of Representatives and the Senate in the format and level
of detail used by the Department of Education in its fiscal year 2006
congressional budget justifications.
Sec. 106. Notwithstanding any other provision of law, $125,000,000
shall be available and shall remain available until expended to replace
the funds appropriated but not expended under chapter 8 of division B
of the Department of Defense and Emergency Supplemental Appropriations
for Recovery from and Response to Terrorist Attacks on the United
States Act, 2002 (Public Law 107-117), and of such amount, $50,000,000
shall be made available for payment to the New York State Uninsured
Employers Fund for reimbursement of claims related to the terrorist
attacks of September 11, 2001 and for reimbursement of claims related
to the first response emergency services personnel who were injured,
were disabled, or died due to such terrorist attacks, and $75,000,000
shall be made available to the Centers for Disease Control and
Prevention upon enactment of this Act, and shall remain available until
expended, for purposes related to the September 11, 2001 terrorist
attacks. In expending such funds, the Director of the Centers for
Disease Control and Prevention shall give first priority to the
existing programs coordinated by the Mount Sinai Center for
Occupational and Environmental Medicine, the Fire Department of New
York City Bureau of Health Services and Counseling Services Unit, the
New York City Police Foundation's Project COPE, Police Organization
Providing Peer Assistance, and the New York City Department of Health
and Mental Hygiene World Trade Center Health Registry that administer
baseline and follow-up screening, clinical examinations, or long-term
medical health monitoring, analysis, or treatment for emergency
services personnel or rescue and recovery personnel, and shall give
secondary priority to similar programs coordinated by other entities
working with the State of New York and New York City.
This title may be cited as the ``Department of Labor Appropriations
Act, 2006''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V and sections 1128E, and 711,
and 1820 of the Social Security Act, the Health Care Quality
Improvement Act of 1986, as amended, the Native Hawaiian Health Care
Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000,
section 712 of the American Jobs Creation Act of 2004, the Poison
Control Center Enhancement and Awareness Act, as amended, and for
expenses necessary to support activities related to countering
potential biological, disease, nuclear, radiological and chemical
threats to civilian populations, $7,325,634,000, of which $397,951,000
shall be available for construction and renovation (including
equipment) of health care and other facilities and other health-related
activities, and of which $64,180,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act (of which $25,000,000 is
for a Rural Health, Education, and Workforce Infrastructure
Demonstration Program which shall solicit and fund proposals from local
governments, hospitals, universities, and rural public health-related
entities and organizations for research development, educational
programs, job training, and construction of public health-related
facilities): Provided, That of the funds made available under this
heading, $222,000 shall be available until expended for facilities
renovations at the Gillis W. Long Hansen's Disease Center: Provided
further, That in addition to fees authorized by section 427(b) of the
Health Care Quality Improvement Act of 1986, fees shall be collected
for the full disclosure of information under the Act sufficient to
recover the full costs of operating the National Practitioner Data
Bank, and shall remain available until expended to carry out that Act:
Provided further, That fees collected for the full disclosure of
information under the ``Health Care Fraud and Abuse Data Collection
Program'', authorized by section 1128E(d)(2) of the Social Security
Act, shall be sufficient to recover the full costs of operating the
program, and shall remain available until expended to carry out that
Act: Provided further, That $20,000,000 of the funding provided for
community health centers shall be used for base grant adjustments for
existing centers: Provided further, That no more than $99,000 is
available until expended for carrying out the provisions of 42 U.S.C.
233(o) including associated administrative expenses: Provided further,
That $13,000,000 of the funding provided for Health Centers shall be
used for high-need counties, notwithstanding section 330(r)(2)(B) of
the Public Health Service Act: Provided further, That no more than
$45,000,000 is available until expended for carrying out the provisions
of Public Law 104-73 and for expenses incurred by the Department of
Health and Human Services pertaining to administrative claims made
under such law: Provided further, That $9,859,000 is available until
expended for the National Cord Blood Stem Cell Bank Program as
described in House Report 108-401: Provided further, That of the funds
made available under this heading, $285,963,000 shall be for the
program under title X of the Public Health Service Act to provide for
voluntary family planning projects: Provided further, That amounts
provided to said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be nondirective, and
that such amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way tends to
promote public support or opposition to any legislative proposal or
candidate for public office: Provided further, That $797,521,000 shall
be for State AIDS Drug Assistance Programs authorized by section 2616
of the Public Health Service Act: Provided further, That in addition to
amounts provided herein, $25,000,000 shall be available from amounts
available under section 241 of the Public Health Service Act to carry
out Parts A, B, C, and D of title XXVI of the Public Health Service Act
to fund section 2691 Special Projects of National Significance:
Provided further, That, notwithstanding section 502(a)(1) of the Social
Security Act, not to exceed $121,396,250 is available for carrying out
special projects of regional and national significance pursuant to
section 501(a)(2) of such Act: Provided further, That of the funds
provided, $39,680,000 shall be provided to the Denali Commission as a
direct lump payment pursuant to Public Law 106-113.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act,
as amended. For administrative expenses to carry out the guaranteed
loan program, including section 709 of the Public Health Service Act,
$2,916,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,600,000 shall
be available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act, sections 101, 102, 103, 201, 202,
203, 301, and 501 of the Federal Mine Safety and Health Act of 1977,
sections 20, 21, and 22 of the Occupational Safety and Health Act of
1970, title IV of the Immigration and Nationality Act, section 501 of
the Refugee Education Assistance Act of 1980, and for expenses
necessary to support activities related to countering potential
biological, disease, nuclear, radiological, and chemical threats to
civilian populations; including purchase and insurance of official
motor vehicles in foreign countries; and purchase, hire, maintenance,
and operation of aircraft, $5,989,115,000, of which $225,000,000 shall
remain available until expended for equipment, and construction and
renovation of facilities; of which $30,000,000 of the amounts available
for immunization activities shall remain available until expended; of
which $542,000,000 shall remain available until expended for the
Strategic National Stockpile; and of which $123,883,000 for
international HIV/AIDS shall remain available until September 30, 2007.
In addition, such sums as may be derived from authorized user fees,
which shall be credited to this account: Provided, That in addition to
amounts provided herein, the following amounts shall be available from
amounts available under section 241 of the Public Health Service Act:
(1) $12,794,000 to carry out the National Immunization Surveys; (2)
$109,021,000 to carry out the National Center for Health Statistics
surveys; (3) $24,751,000 to carry out information systems standards
development and architecture and applications-based research used at
local public health levels; (4) $463,000 for Health Marketing
evaluations; (5) $31,000,000 to carry out Public Health Research; and
(6) $87,071,000 to carry out research activities within the National
Occupational Research Agenda: Provided further, That none of the funds
made available for injury prevention and control at the Centers for
Disease Control and Prevention may be used, in whole or in part, to
advocate or promote gun control: Provided further, That up to
$31,800,000 shall be made available until expended for Individual
Learning Accounts for full-time equivalent employees of the Centers for
Disease Control and Prevention: Provided further, That the Director may
redirect the total amount made available under authority of Public Law
101-502, section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Congress is to be notified
promptly of any such transfer: Provided further, That not to exceed
$12,500,000 may be available for making grants under section 1509 of
the Public Health Service Act to not more than 15 States, tribes, or
tribal organizations: Provided further, That 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 of the funds appropriated, $10,000 is for official
reception and representation expenses when specifically approved by the
Director of the Centers for Disease Control and Prevention: Provided
further, That employees of the Centers for Disease Control and
Prevention or the Public Health Service, both civilian and Commissioned
Officers, detailed to States, municipalities, or other organizations
under authority of section 214 of the Public Health Service Act, shall
be treated as non-Federal employees for reporting purposes only and
shall not be included within any personnel ceiling applicable to the
Agency, Service, or the Department of Health and Human Services during
the period of detail or assignment.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,960,828,000, 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, $3,023,381,000.
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, $405,269,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,767,919,000.
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,
$1,591,924,000.
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,
$4,547,136,000: Provided, That $100,000,000 may be made available to
International Assistance Programs ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until expended:
Provided further, That up to $30,000,000 shall be for extramural
facilities construction grants to enhance the Nation's capability to do
research on biological and other agents.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $2,002,622,000.
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,
$1,310,989,000.
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,
$693,559,000.
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,
$667,372,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,090,600,000.
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, $525,758,000.
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,
$409,432,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $142,549,000.
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, $452,271,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,035,167,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,460,393,000.
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, $502,804,000.
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, $309,091,000.
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, $1,188,079,000: 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 $30,000,000 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,
$126,978,000.
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, $203,367,000.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $68,745,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$327,222,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2006,
the Library may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health: Provided
further, That in addition to amounts provided herein, $8,200,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out National Information Center on Health
Services Research and Health Care Technology and related health
services.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $487,434,000, of which up to
$10,000,000 shall be used to carry out section 216 of this Act:
Provided, That funding shall be available for the purchase of not to
exceed 29 passenger motor vehicles for replacement only: Provided
further, That the Director may direct up to 1 percent of the total
amount made available in this or any other Act to all National
Institutes of Health appropriations to activities the Director may so
designate: Provided further, That no such appropriation shall be
decreased by more than 1 percent by any such transfers and that the
Congress is promptly notified of the transfer: Provided further, That
the National Institutes of Health is authorized to collect third party
payments for the cost of clinical services that are incurred in
National Institutes of Health research facilities and that such
payments shall be credited to the National Institutes of Health
Management Fund: Provided further, That all funds credited to the
National Institutes of Health Management Fund shall remain available
for one fiscal year after the fiscal year in which they are deposited:
Provided further, That up to $500,000 shall be available to carry out
section 499 of the Public Health Service Act: Provided further, That in
addition to the transfer authority provided above, a uniform percentage
of the amounts appropriated in this Act to each Institute and Center
may be transferred and utilized for the National Institutes of Health
Roadmap for Medical Research: Provided further, That the amount
utilized under the preceding proviso shall not exceed $250,000,000
without prior notification to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further, That amounts
transferred and utilized under the preceding two provisos shall be in
addition to amounts made available for the Roadmap for Medical Research
from the Director's Discretionary Fund and to any amounts allocated to
activities related to the Roadmap through the normal research priority-
setting process of individual Institutes and Centers: Provided further,
That of the funds provided $10,000 shall be for official reception and
representation expenses when specifically approved by the Director of
NIH.
buildings and facilities
For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $113,626,000, 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
(``PHS Act'') with respect to substance abuse and mental health
services, the Protection and Advocacy for Individuals with Mental
Illness Act, and section 301 of the PHS Act with respect to program
management, $3,261,783,000: Provided, That in addition to amounts
provided herein, the following amounts shall be available from amounts
available under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available in this Act
for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of part B of title XIX; (2)
$21,803,000 to carry out subpart I of Part B of title XIX of the PHS
Act to fund section 1920(b) technical assistance, national data, data
collection and evaluation activities, and further that the total
available in 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 $323,695,000: Provided further,
That not more than $50,000,000 of these funds shall be for the
development of scientific evidence that supports the implementation and
evaluation of health care information technology systems.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $156,954,419,000, to remain available until
expended.
For making, after May 31, 2006, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2006 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2007, $62,783,825,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under section
1844, 1860D-16, and 1860D-31 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act,
$177,822,200,000.
In addition, for making matching payments under section 1844, and
benefit payments under 1860D-16 and 1860D-31, of the Social Security
Act, not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $3,188,418,000, to be transferred
from the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $24,205,000, to remain available until September 30,
2007, is for contract costs for the Centers for Medicare and Medicaid
Services Systems Revitalization Plan: Provided further, That
$79,934,000, to remain available until September 30, 2007, is for
contract costs for the Healthcare Integrated General Ledger Accounting
System: Provided further, That funds appropriated under this heading
are available for the Healthy Start, Grow Smart program under which the
Centers for Medicare and Medicaid Services may, directly or through
grants, contracts, or cooperative agreements, produce and distribute
informational materials including, but not limited to, pamphlets and
brochures on infant and toddler health care to expectant parents
enrolled in the Medicaid program and to parents and guardians enrolled
in such program with infants and children: Provided further, That the
Secretary of Health and Human Services is directed to collect fees in
fiscal year 2006 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
That to the extent Medicare claims volume is projected by the Centers
for Medicare and Medicaid Services (CMS) to exceed 200,000,000 Part A
claims and/or 1,022,100,000 Part B claims, an additional $32,500,000
shall be available for obligation for every 50,000,000 increase in
Medicare claims volume (including a pro rata amount for any increment
less than 50,000,000) from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds: Provided further,
That the Secretary, by not later than January 1, 2006, shall produce
and mail a corrected version of the annual notice required under
section 1804(a) of the Social Security Act (42 U.S.C. 1395b-2(a)) to
each beneficiary described in the second sentence of such section,
together with an explanation of the error in the previous annual notice
that was mailed to such beneficiaries.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the
Public Health Service Act, to be available without fiscal year
limitation for the payment of outstanding obligations. During fiscal
year 2006, no commitments for direct loans or loan guarantees shall be
made.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $80,000,000, 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, of which $75,000,000 is for the Medicare Integrity Program at the
Centers for Medicare and Medicaid Services (``CMS'') to conduct
oversight of activities authorized in Titles I and II of Public Law
108-173, with oversight activities including those activities listed in
18 U.S.C. 1893(b), and of which $5,000,000 is for the Medicaid program
integrity activities, together with not less than $20,000,000 made
available to the Secretary by section 1817(k)(3) of the Social Security
Act: Provided, That the report required by 18 U.S.C. 1817(k)(5) for
fiscal year 2006 shall include measures of the operational efficiency
and impact on fraud, waste and abuse in the Medicare and Medicaid
programs for the funds provided by this appropriation.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,121,643,000, to remain
available until expended; and for such purposes for the first quarter
of fiscal year 2007, $1,200,000,000, to remain available until
expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance for Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
low-income home energy assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,883,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $300,000,000, 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: Provided further, That the entire amount is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and placement of
unaccompanied alien children authorized by title IV of the Immigration
and Nationality Act and section 501 of the Refugee Education Assistance
Act of 1980 (Public Law 96-422), for carrying out section 462 of the
Homeland Security Act of 2002 (Public Law 107-296), and for carrying
out the Torture Victims Relief Act of 2003 (Public Law 108-179),
$552,040,000, of which up to $9,915,000 shall be available to carry out
the Trafficking Victims Protection Act of 2003 (Public Law 108-193):
Provided, That funds appropriated under this heading pursuant to
section 414(a) of the Immigration and Nationality Act and section 462
of the Homeland Security Act of 2002 for fiscal year 2006 shall be
available for the costs of assistance provided and other activities to
remain available through September 30, 2008.
For an additional amount for the necessary expenses for refugee and
entrant assistance activities and for costs associated with the care
and placement of unaccompanied children authorized by title IV of the
Immigration and Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of the
Homeland Security Act of 2002, $19,100,000: Provided, That the entire
amount is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
payments to states for the child care and development block grant
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), $2,082,910,000 shall be used to supplement, not supplant
State general revenue funds for child care assistance for low-income
families: Provided, That $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, part B(1) of title IV and sections 413, 429A, 1110, 1115
of the Social Security Act, and sections 40155, 40211, and 40241 of
Public Law 103-322; for making payments under the Community Services
Block Grant Act, sections 439(h), 473A, and 477(i) of the Social
Security Act, and title IV of Public Law 105-285, and for necessary
administrative expenses to carry out said Acts and titles I, IV, V, X,
XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5,
1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981,
title IV of the Immigration and Nationality Act, section 501 of the
Refugee Education Assistance Act of 1980, sections 40155, 40211, and
40241 of Public Law 103-322, and section 126 and titles IV and V of
Public Law 100-485, $9,000,832,000, of which $22,846,000, to remain
available until September 30, 2007, shall be for grants to States for
adoption incentive payments, as authorized by section 473A of title IV
of the Social Security Act (42 U.S.C. 670-679) and may be made for
adoptions completed before September 30, 2006: Provided, That
$6,874,314,000 shall be for making payments under the Head Start Act,
of which $1,388,800,000 shall become available October 1, 2006 and
remain available through September 30, 2007: Provided further, That
$708,895,000 shall be for making payments under the Community Services
Block Grant Act: Provided further, That not less than $7,492,000 shall
be for section 680(3)(B) of the Community Services Block Grant Act:
Provided further, That within amounts provided herein for abstinence
education for adolescents, up to $10,000,000 may be available for a
national abstinence education campaign: Provided further, That in
addition to amounts provided herein, $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 $95,000,000 is for a compassion capital fund to provide
grants to charitable organizations to emulate model social service
programs and to encourage research on the best practices of social
service organizations: Provided further, That $14,879,000 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 $4,879,000 shall be for payments
to States for protection and advocacy systems for voters with
disabilities: Provided further, That $101,000,000 shall be for making
competitive grants to provide abstinence education (as defined by
section 510(b)(2) of the Social Security Act) to adolescents, and for
Federal costs of administering the grant: Provided further, That grants
under the immediately preceding proviso shall be made only to public
and private entities which agree that, with respect to an adolescent to
whom the entities provide abstinence education under such grant, the
entities will not provide to that adolescent any other education
regarding sexual conduct, except that, in the case of an entity
expressly required by law to provide health information or services the
adolescent shall not be precluded from seeking health information or
services from the entity in a different setting than the setting in
which abstinence education was provided: Provided further, That within
amounts provided herein for abstinence education for adolescents, up to
$10,000,000 may be available for a national abstinence education
campaign: Provided further, That in addition to amounts provided herein
for abstinence education for adolescents, $4,500,000 shall be available
from amounts available under section 241 of the Public Health 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: Provided further,
That the total amount made available under this heading shall be
increased by $10,000,000, which shall be for carrying out the National
Youth Sports Program under the Community Services Block Grant Act.
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $90,000,000: Provided, That the
Secretary shall undertake a family reunification effort in concert with
national non-profit organizations engaged in similar efforts.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $4,852,800,000.
For making payments to States or other non-Federal entities under
title IV-E of the Act, for the first quarter of fiscal year 2007,
$1,730,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E,
for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $1,391,699,000, of which $5,500,000 shall be available for
activities regarding medication management, screening, and education to
prevent incorrect medication and adverse drug reactions.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, XX, and XXI of the Public Health Service Act, the
United States-Mexico Border Health Commission Act, and research studies
under section 1110 of the Social Security Act, $353,614,000, together
with $5,851,000 to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund, and $39,552,000
from the amounts available under section 241 of the Public Health
Service Act to carry out national health or human services research and
evaluation activities: Provided, That of the funds made available under
this heading for carrying out title XX of the Public Health Service
Act, $13,120,000 shall be for activities specified under section
2003(b)(2), all of which shall be for prevention service demonstration
grants under section 510(b)(2) of title V of the Social Security Act,
as amended, without application of the limitation of section 2010(c) of
said title XX: Provided further, That of this amount, $52,415,000 shall
be for minority AIDS prevention and treatment activities; and
$5,952,000 shall be to assist Afghanistan in the development of
maternal and child health clinics, consistent with section 103(a)(4)(H)
of the Afghanistan Freedom Support Act of 2002: Provided further, That
specific information requests from the chairmen and ranking members of
the Subcommittees on Labor, Health and Human Services, and Education,
and Related Agencies, on scientific research or any other matter, shall
be transmitted to the Committees on Appropriations in a prompt
professional manner and within the time frame specified in the request:
Provided further, That scientific information requested by the
Committees on Appropriations and prepared by government researchers and
scientists shall be transmitted to the Committees on Appropriations,
uncensored and without delay.
office of medicare hearings and appeals
For expenses necessary for administrative law judges responsible
for hearing cases under title XVIII of the Social Security Act (and
related provisions of title XI of such Act), $75,000,000, to be
transferred in appropriate part from the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust Funds.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts and
cooperative agreements for the development and advancement of an
interoperable national health information technology infrastructure,
$32,800,000: Provided, That in addition to amounts provided herein,
$12,350,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out health information
technology network development.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $39,813,000: Provided, That of such amount, necessary sums are
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228: Provided further, That funds
transferred to this heading pursuant to section 220 of the Department
of Health and Human Services Appropriations Act, 2005, shall remain
available until September 30, 2006.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$31,682,000, together with not to exceed $3,314,000 to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. chapter 55), such amounts as
may be required during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, disease, nuclear, radiological and chemical
threats to civilian populations, and to ensure a year-round influenza
vaccine production capacity, the development and implementation of
rapidly expandable influenza vaccine production technologies, and if
determined necessary by the Secretary, the purchase of influenza
vaccine, $8,158,589,000: Provided, That these funds shall be
distributed at the discretion of the President, after consultation with
the Chairman and Ranking Members of the House and Senate Committees on
Appropriations, the Chairman and Ranking Members of the House and
Senate Subcommittees on Labor, Health and Human Services, and Education
Appropriations, the Chairman and Ranking Member of the Senate Health,
Education, Labor, and Pensions Committee, and the Senate Majority and
Minority Leaders: Provided further, That $8,095,000,000 of amounts
available for influenza and other potential pandemics preparedness is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006 and shall remain available until expended.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this Act may be used to
implement section 399F(b) of the Public Health Service Act or section
1503 of the National Institutes of Health Revitalization Act of 1993,
Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in excess of
Executive Level I.
Sec. 205. None of the funds appropriated in this 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 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 between a program, project, or activity, but no such
program, project, or activity shall be increased by more than 3 percent
by any such transfer: Provided, That a program, project, or activity
may be increased by up to an additional 2 percent subject to approval
by the House and Senate Committees on Appropriations: Provided further,
That the transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create any new
program or to fund any project or activity for which no funds are
provided in this Act: Provided further, That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
(transfer of funds)
Sec. 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.
(transfer of funds)
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 Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 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. (a) Except as provided by subsection (e) none of the
funds appropriated by this Act may be used to withhold substance abuse
funding from a State pursuant to section 1926 of the Public Health
Service Act (42 U.S.C. 300x-26) if such State certifies to the
Secretary of Health and Human Services by May 1, 2006 that the State
will commit additional State funds, in accordance with subsection (b),
to ensure compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses
the retailer compliance rate goal established by the Secretary of
Health and Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2006
for tobacco prevention programs and for compliance activities at a
level that is not less than the level of such expenditures maintained
by the State for fiscal year 2005, and adding to that level the
additional funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Secretary on all
fiscal year 2005 State expenditures and all fiscal year 2006
obligations for tobacco prevention and compliance activities by program
activity by July 31, 2006.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31, 2006.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 from a
territory that receives less than $1,000,000.
Sec. 214. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2006, the
Secretary of Health and Human Services--
(1) may exercise authority equivalent to that available to
the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The
Secretary of Health and Human Services shall consult with the
Secretary of State and relevant Chief of Mission to ensure that
the authority provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927) and other applicable statutes administered by
the Department of State, and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary to
pay the costs of acquisition, lease, alteration, renovation,
and management of facilities outside of the United States for
the use of the Department of Health and Human Services. The
Department of State shall cooperate fully with the Secretary of
Health and Human Services to ensure that the Department of
Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing
location, setback, and other facilities requirements and serve
the purposes established by this Act. The Secretary of Health
and Human Services is authorized, in consultation with the
Secretary of State, through grant or cooperative agreement, to
make available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
Sec. 215. The Division of Federal Occupational Health hereafter may
utilize personal services contracting to employ professional
management/administrative and occupational health professionals.
Sec. 216. (a) Authority.--Notwithstanding any other provision of
law, the Director of the National Institutes of Health may use funds
available under section 402(i) of the Public Health Service Act (42
U.S.C. 282(i)) to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research in support of
the NIH Roadmap for Medical Research.
(b) Peer Review.--In entering into transactions under subsection
(a), the Director of the National Institutes of Health may utilize such
peer review procedures (including consultation with appropriate
scientific experts) as the Director determines to be appropriate to
obtain assessments of scientific and technical merit. Such procedures
shall apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be required
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492,
and 494 of the Public Health Service Act (42 U.S.C. 241, 284(b)(1)(B),
284(b)(2), 284a(a)(3)(A), 289a, and 289c).
Sec. 217. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention and the Agency for Toxic Substances and Disease Registry may
be transferred to ``Disease Control, Research, and Training'', to be
available only for Individual Learning Accounts: Provided, That such
funds may be used for any individual full-time equivalent employee
while such employee is employed either by CDC or ATSDR.
Sec. 218. Notwithstanding any other provisions of law, funds made
available in this Act may be used to continue operating the Council on
Graduate Medical Education established by section 301 of Public Law
102-408.
(rescission of funds)
Sec. 219. The unobligated balance in the amount of $10,000,000
appropriated by Public Law 108-11 under the heading ``Public Health and
Social Services Emergency Fund'' are rescinded.
(rescission of funds)
Sec. 220. $15,912,000 of the unobligated balance of the Health
Professions Student Loan program authorized in subpart II, Federally-
Supported Student Loan Funds, of title VII of the Public Health Service
Act are rescinded.
Sec. 221. Funds appropriated for State Pharmaceutical Assistance
Programs in Public Law 108-173 for fiscal year 2005 shall remain
available through fiscal year 2006.
Sec. 222. Not later than June 30, 2006, the Secretary of Health and
Human Services shall prepare and submit to Congress a report
outlining--
(1) a detailed plan for expeditiously changing the
numerical identifier used to identify medicare beneficiaries
under the medicare program so that a beneficiary's social
security account number is no longer displayed on the
identification card issued to the beneficiary under such
program or on any explanation of medicare benefits mailed to
the beneficiary; and
(2) the costs of implementing such plan.
Sec. 223. (a) The Headquarters and Emergency Operations Center
Building (Building 21) at the Centers for Disease Control and
Prevention is hereby renamed as the Arlen Specter Headquarters and
Emergency Operations Center.
(b) The Global Communications Center Building (Building 19) at the
Centers for Disease Control and Prevention is hereby renamed as the
Thomas R. Harkin Global Communications Center.
Sec. 224. The Secretary of Health and Human Services shall use
amounts appropriated under title II for the purchase of not less than
1,000,000 rapid oral HIV tests.
Sec. 225. (a) Notwithstanding any other provision of law, none of
the funds made available under this Act may be used to implement or
enforce the interim final rule published in the Federal Register by the
Centers for Medicare & Medicaid Services on August 26, 2005 (70 Fed.
Reg. 50940) or any corresponding similar regulation or ruling--
(1) prior to April 1, 2006; and
(2) on or after April 1, 2006, unless the Secretary of
Health and Human Services publishes--
(A) by not later than January 1, 2006, a proposed
rule with respect to motorized or powered wheelchairs,
followed by a 45-day period to comment on the proposed
rule; and
(B) by not later than February 14, 2006, a final
rule with respect to motorized or powered wheelchairs,
followed by a 45-day transition period for
implementation of the final rule.
(b)(1) Notwithstanding any other provision of law, with respect to
a covered item consisting of a motorized or power wheelchair furnished
during 2006, the Secretary of Health and Human Services shall reduce
the payment amount otherwise applicable under section 1834 of the
Social Security Act (42 U.S.C. 1395m) for such item by 1.5 percent.
(2) The payment reduction provided under paragraph (1) for 2006--
(A) shall not apply to a covered item consisting of a
motorized or power wheelchair that is furnished after 2006; and
(B) shall not be taken into account in calculating the
payment amounts applicable for such a covered item furnished
after 2006.
Sec. 226. Telehealth. (a) Appropriation.--Of the amounts
appropriated to the Health Resource and Services Administration,
$10,000,000 shall be to carry out programs and activities under the
Health Care Safety Net Amendments of 2002 (Public Law 107-251) and the
amendments made by such Act, and for other telehealth programs under
section 330I of the Public Health Service Act (42 U.S.C. 254c-14), of
which--
(1) $2,500,000 shall be for not less than 10 telehealth
resource centers that provide assistance with respect to
technical, legal, and regulatory service delivery or other
related barriers to the deployment of telehealth technologies,
of which not less than 2 centers shall be located in a rural
State with a population of less than 1,500,000 individuals;
(2) $5,000,000 shall be for network grants and
demonstration or pilot projects for telehomecare; and
(3) $2,500,000 shall be for grants to carry out programs
under which health licensing boards or various States cooperate
to develop and implement policies that will reduce statutory
and regulatory barriers to telehealth.
Sec. 227. From amounts appropriated to the Health Resources and
Services Administration, $5,000,000 shall be available to fund grants
for innovative programs to address dental workforce needs under section
340G of the Public Health Service Act (42 U.S.C. 246g).
Sec. 228. None of the funds made available in this Act may be used
to provide abstinence education that includes information that is
medically inaccurate. For purposes of this section, the term
``medically inaccurate'' means information that is unsupported or
contradicted by peer-reviewed research by leading medical,
psychological, psychiatric, and public health publications,
organizations and agencies.
Sec. 229. For carrying out the Low-Vision Rehabilitation Services
Demonstration Project by the Secretary of Health and Human Services, an
additional $5,000,000.
Sec. 230. (a) Findings.--The Senate makes the following findings:
(1) Hospitals cannot provide patient care without
physicians.
(2) It is particularly difficult for hospitals to provide
patient care to uninsured patients.
(3) Medicaid disproportionate share hospital (DSH) payments
provide payments to hospitals to provide care to uninsured
patients.
(4) Hospitals that provide a large volume of care to
uninsured patients incur significant costs.
(5) Since there is no other source of reimbursement for
hospitals related to these costs, some States have permitted
reimbursement of these physician costs through Medicaid DSH.
(6) The State of Virginia has approved the inclusion of
physician services costs as hospital costs for Medicaid DSH
purposes.
(7) Fifty percent of all indigent care in the State of
Virginia is provided by its 2 academic medical centers.
(8) The financial viability of these academic medical
centers is threatened if these costs cannot be included in
Medicaid DSH reimbursement.
(b) Sense of the Senate.--It is the sense of the Senate that the
Senate is aware of an issue regarding the definition of ``hospital
costs'' incurred by the State of Virginia for purposes of Medicaid
reimbursement to that State and urges the Administrator of the Centers
for Medicare & Medicaid Services to work with the State to resolve the
pending issue.
Sec. 231. In addition to amounts appropriated under this Act, out
of any money in the Treasury not otherwise appropriated an additional
$800,000 to carry out section 312 of the Public Health Service Act (42
U.S.C. 244).
Sec. 232. Additional Public Health Funding. (a) Minority Public
Health.--In addition to amounts otherwise appropriated under this Act,
there are appropriated, out of any money in the Treasury not otherwise
appropriated, $10,000,000 for the Office of Minority Health.
(b) Sickle Cell Disease.--From amounts appropriated under the title
for the Office of the Secretary of Health and Human Services, such
Secretary shall make available and amount not to exceed $2,000,000 of
such amounts to provide funding for grants under paragraph (1) of
section 712(c) of Public Law 108-357 (42 U.S.C. 300b-1 note).
(c) Offset.--Notwithstanding any other provision of this Act,
amounts made available under this Act under the heading Program
Management for the Centers for Medicare and Medicaid Services shall be
reduced, on a pro rata basis, by an additional $12,000,000.
Sec. 233. Mosquito Abatement for Safety and Health Act. From
amounts appropriated under this Act for the Centers for Disease Control
and Prevention for infectious diseases-West Nile Virus, there shall be
transferred $5,000,000 to carry out section 317S of the Public Health
Service Act (relating to mosquito abatement for safety and health).
Sec. 234. Amounts appropriated in this title for community health
center programs under section 330 of the Public Health Service Act (42
U.S.C. 254b) shall be increased by $50,000,000.
Sec. 235. None of the funds made available in this Act may be used
to implement any strategic plan under section 3 of Executive Order
13335 (regarding interoperable health information technology) that
lacks a provision that requires the Department of Health and Human
Services to give notice to any patient whose information maintained by
the Department under the strategic plan is lost, stolen, or used for a
purpose other than the purpose for which the information was collected.
Sec. 236. Limitation on Travel and Conferences. The appropriations
for travel, conference programs and related expenses for the Department
of Health and Human Services are reduced by $15,000,000.
Sec. 237. In addition to amounts otherwise appropriated under this
Act, there are appropriated, out of any money in the Treasury not
otherwise appropriated, $15,121,000 for activities authorized by the
Help America Vote Act of 2002, of which $13,500,000 shall be for
payments to States to promote access for voters with disabilities, and
of which $8,621,000 shall be for payments to States for protection and
advocacy systems for voters with disabilities.
Sec. 238. (a) Section 1310.12(a) of the Code of Federal Regulations
shall not apply before June 30, 2006, to any agency or its designee
that provides transportation services for children enrolled in a Head
Start program or an Early Head Start program if such agency or designee
places such children in child restraint systems (as defined in section
571.213 of the Code of Federal Regulations).
(b) Section 640(i) of the Head Start Act (42 U.S.C. 9835(i)) is
amended--
(1) by striking ``(i) The'' and inserting the following:
``(i) Transportation Safety.--
``(1) Regulations.--The''; and
(2) by adding at the end the following:
``(2) Waiver authority.--
``(A) In general.--The Secretary may waive, for a
period of up to one year, the requirements of
regulations promulgated under paragraph (1) of this
subsection and section 1310.12(a) of the Code of
Federal Regulations for one or more vehicles used by
the agency or its designee in transporting children
enrolled in a Head Start program or an Early Head Start
program if--
``(i) such requirements pertain to child
restraint systems and bus monitors;
``(ii) the agency demonstrates that
compliance with such requirements will result
in a significant disruption to the Head Start
program or the Early Head Start program; and
``(iii) the waiver is in the best interest
of the child.
``(B) Renewal.--The Secretary may renew a waiver
under subparagraph (A).''.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2006''.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $14,525,135,000, of which $6,935,826,000 shall become available
on July 1, 2006, and shall remain available through September 30, 2007,
and of which $7,383,301,000 shall become available on October 1, 2006,
and shall remain available through September 30, 2007 for academic year
2006-2007: Provided, That $6,934,854,000 shall be for basic grants
under section 1124: Provided further, That up to $3,472,000 of these
funds shall be available to the Secretary of Education on October 1,
2005, to obtain annually updated educational-agency-level census
poverty data from the Bureau of the Census: Provided further, That
$1,365,031,000 shall be for concentration grants under section 1124A:
Provided further, That $2,269,843,000 shall be for targeted grants
under section 1125: Provided further, That $2,269,843,000 shall be for
education finance incentive grants under section 1125A: Provided
further, That $9,424,000 shall be to carry out part E of title I.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,240,862,000, of which
$1,102,896,000 shall be for basic support payments under section
8003(b), $49,966,000 shall be for payments for children with
disabilities under section 8003(d), $18,000,000 shall be for
construction under section 8007 and shall remain available through
September 30, 2007, $65,000,000 shall be for Federal property payments
under section 8002, and $5,000,000, to remain available until expended,
shall be for facilities maintenance under section 8008: Provided, That
for purposes of computing the amount of a payment for an eligible local
educational agency under section 8003(a) of the Elementary and
Secondary Education Act (20 U.S.C. 7703(a)) for school year 2005-2006,
children enrolled in a school of such agency that would otherwise be
eligible for payment under section 8003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to the
death of a military parent or legal guardian while on active duty (so
long as such children reside on Federal property as described in
section 8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section, provided
such students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by title
II, part B of title IV, part A and subparts 6 and 9 of part D of title
V, parts A and B of title VI, and parts B and C of title VII of the
Elementary and Secondary Education Act of 1965 (``ESEA''); the
McKinney-Vento Homeless Assistance Act; section 203 of the Educational
Technical Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,457,953,000, of which $3,821,042,000 shall become available on July
1, 2006, and remain available through September 30, 2007, and of which
$1,435,000,000 shall become available on October 1, 2006, and shall
remain available through September 30, 2007, for academic year 2006-
2007: Provided, That funds made available to carry out part B of title
VII of the ESEA may be used for construction, renovation and
modernization of any elementary school, secondary school, or structure
related to an elementary school or secondary school, run by the
Department of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further, That from
the funds referred to in the preceding proviso, not less than
$1,250,000 shall be for a grant to the Department of Education of the
State of Hawaii for the activities described in such proviso, and
$1,250,000 shall be for a grant to the University of Hawaii School of
Law for a Center of Excellence in Native Hawaiian law: Provided
further, That funds made available to carry out part C of title VII of
the ESEA may be used for construction: Provided further, That
$411,680,000 shall be for State assessments and related activities
authorized under sections 6111 and 6112 of the ESEA: Provided further,
That $56,825,000 shall be available to carry out section 203 of the
Educational Technical Assistance Act of 2002: Provided further, That
$36,022,000 shall be available to carry out part D of title V of the
ESEA: Provided further, That no funds appropriated under this heading
may be used to carry out section 5494 under the ESEA: Provided further,
That $12,132,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of Micronesia, and
$6,051,000 shall be available to carry out the Supplemental Education
Grants program for the Republic of the Marshall Islands: Provided
further, That up to 5 percent of these amounts may be reserved by the
Federated States of Micronesia and the Republic of the Marshall Islands
to administer the Supplemental Education Grants programs and to obtain
technical assistance, oversight and consultancy services in the
administration of these grants and to reimburse the United States
Departments of Labor, Health and Human Services, and Education for such
services.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $119,889,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I,
subpart 5 of part A and parts C and D of title II, parts B, C, and D of
title V, and section 1504 of the Elementary and Secondary Education Act
of 1965 (``ESEA''), $1,020,385,000: Provided, That $10,000,000 shall be
available to carry out section 2151(c) of the ESEA through an award to
the National Board for Professional Teaching Standards: Provided
further, That from funds for subpart 4, part C of title II, up to 3
percent shall be available to the Secretary for technical assistance
and dissemination of information: Provided further, That $380,924,000
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 and 10 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), $697,300,000, of which $300,000,000 shall become available
on July 1, 2006 and remain available through September 30, 2007:
Provided, That of the amount available for subpart 2 of part A of title
IV of the ESEA, $850,000 shall be used to continue the National
Recognition Awards program under the same guidelines outlined by
section 120(f) of Public Law 105-244: Provided further, That
$300,000,000 shall be available for subpart 1 of part A of title IV and
$232,807,000 shall be available for subpart 2 of part A of title IV:
Provided further, That $134,493,000 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
$12,440,000 may be used to carry out section 2345 and $3,087,000 shall
be used by the Center for Civic Education to implement a comprehensive
program to improve public knowledge, understanding, and support of the
Congress and the State legislatures.
English Language Acquisition
For carrying out part A of title III of the ESEA, $675,765,000,
which shall become available on July 1, 2006, and shall remain
available through September 30, 2007, except that 6.5 percent of such
amount shall be available on October 1, 2005 and shall remain available
through September 30, 2007, to carry out activities under section
3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act,
$11,774,107,000, of which $6,145,104,000 shall become available on July
1, 2006, and shall remain available through September 30, 2007, and of
which $5,424,200,000 shall become available on October 1, 2006, and
shall remain available through September 30, 2007, for academic year
2006-2007: Provided, That $12,000,000 shall be for Recording for the
Blind and Dyslexic, Inc., to support the development, production, and
circulation of recorded educational materials: Provided further, That
$1,500,000 shall be for the recipient of funds provided by Public Law
105-78 under section 687(b)(2)(G) of the Act (as in effect prior to the
enactment of the Individuals with Disabilities Education Improvement
Act of 2004) to provide information on diagnosis, intervention, and
teaching strategies for children with disabilities: Provided further,
That the amount for section 611(b)(2) of the Act shall be equal to the
amount available for that activity during fiscal year 2005, increased
by the amount of inflation as specified in section 619(d)(2)(B) of the
Act.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the
AT Act''), and the Helen Keller National Center Act, $3,133,638,000, of
which $1,000,000 shall be awarded to the American Academy of Orthotists
and Prosthetists for activities that further the purposes of the grant
received by the Academy for the period beginning October 1, 2003,
including activities to meet the demand for orthotic and prosthetic
provider services and improve patient care: Provided, That $34,760,000
shall be used for carrying out the AT Act, including $4,500,000 for
State grants for protection and advocacy under section 5 of the AT Act
and $3,760,000 shall be for alternative financing programs under
section 4(b)(2)(D) of the AT Act: Provided further, That the Federal
share of grants for alternative financing programs shall not exceed 75
percent, and the requirements in section 301(c)(2) and section 302 of
the AT Act (as in effect on the day before the date of enactment of the
Assistive Technology Act of 2004) shall not apply to such grants.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101 et seq.), $18,500,000.
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.), $57,279,000, of which $800,000 shall be for construction and
shall remain available until expended: Provided, That from the total
amount available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $108,500,000: Provided, That from the
total amount available, the University may at its discretion use funds
for the endowment program as authorized under section 207.
Vocational and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act of 1998, the Adult
Education and Family Literacy Act, title VIII-D of the Higher Education
Amendments of 1998, and subpart 11 of part D of title V of the
Elementary and Secondary Education Act of 1965 (``ESEA''),
$1,923,766,000, of which $1,127,806,000 shall become available on July
1, 2006 and shall remain available through September 30, 2007 and of
which $791,000,000 shall become available on October 1, 2006 and shall
remain available through September 30, 2007: Provided, That of the
amount provided for Adult Education State Grants, $68,582,000 shall be
made available for integrated English literacy and civics education
services to immigrants and other limited English proficient
populations: Provided further, That of the amount reserved for
integrated English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act, 65 percent
shall be allocated to States based on a State's absolute need as
determined by calculating each State's share of a 10-year average of
the Immigration and Naturalization Service data for immigrants admitted
for legal permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as measured by the
average of the 3 most recent years for which Immigration and
Naturalization Service data for immigrants admitted for legal permanent
residence are available, except that no State shall be allocated an
amount less than $60,000: Provided further, That of the amounts made
available for the Adult Education and Family Literacy Act, $9,096,000
shall be for national leadership activities under section 243 and
$6,638,000 shall be for the National Institute for Literacy under
section 242: Provided further, That $4,960,000 shall be available to
carry out part D of title V of the ESEA: Provided further, That
$24,000,000 shall be for Youth Offender Grants.
Student Financial Assistance
For carrying out subparts 1, 3 and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, as amended,
$15,103,795,000, which shall remain available through September 30,
2007.
The maximum Pell Grant for which a student shall be eligible during
award year 2006-2007 shall be $4,050.
Student Aid Administration
For Federal administrative expenses (in addition to funds made
available under section 458), to carry out part D of title I, and
subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of
the Higher Education Act of 1965, as amended, $120,000,000.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''),
as amended, the Mutual Educational and Cultural Exchange Act of 1961,
title VIII of the Higher Education Amendments of 1998, and section 117
of the Carl D. Perkins Vocational and Technical Education Act,
$2,099,508,000: Provided, That $9,797,000, to remain available through
September 30, 2007, shall be available to fund fellowships for academic
year 2007-2008 under part A, subpart 1 of title VII of said Act, under
the terms and conditions of part A, subpart 1: Provided further, That
notwithstanding any other provision of law or any regulation, the
Secretary of Education shall not require the use of a restricted
indirect cost rate for grants issued pursuant to section 117 of the
Carl D. Perkins Vocational and Technical Education Act of 1998:
Provided further, That $980,000 is for data collection and evaluation
activities for programs under the HEA, including such activities needed
to comply with the Government Performance and Results Act of 1993:
Provided further, That notwithstanding any other provision of law,
funds made available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural Exchange Act
of 1961 may be used to support visits and study in foreign countries by
individuals who are participating in advanced foreign language training
and international studies in areas that are vital to United States
national security and who plan to apply their language skills and
knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of
the funds referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities, and shall be used by the Secretary of
Education to develop, through consultation with the Secretaries of
State, Commerce, Homeland Security, and Energy, institutions of higher
education in the United States, organizations that participate in
international exchange programs, and other appropriate groups, a
strategic plan for enhancing the access of foreign students, scholars,
scientists, and exchange visitors to institutions of higher education
of the United States for study and exchange activities: Provided
further, That the strategic plan described in the preceding proviso
shall make use of the Internet and other media resources, establish a
clear division of responsibility and a mechanism of institutionalized
cooperation between the Departments of Education, State, Commerce,
Homeland Security, and Energy, and include streamlined procedures to
facilitate international exchanges of foreign students, scholars,
scientists, and exchange visitors: Provided further, That the funds
provided for title II of the HEA shall be allocated notwithstanding
section 210 of such Act.
Howard University
For partial support of Howard University (20 U.S.C. 121 et seq.),
$238,789,000, 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 to carry out activities related
to existing facility loans pursuant to section 121 of the Higher
Education Act of 1965, as amended, $573,000.
Historically Black College and University Capital Financing Program
Account
The aggregate principal amount of outstanding bonds insured
pursuant to section 344 of title III, part D of the Higher Education
Act of 1965, shall not exceed $357,000,000, and the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of such bonds
shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title III, part D of the Higher Education Act of 1965, as amended,
$210,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, as amended, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $522,695,000, of which $271,560,000 shall
be available until September 30, 2007.
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, $411,992,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $91,526,000.
office of the inspector general
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $49,408,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the Department of
Education in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of any
transfer.
Sec. 305. For an additional amount to carry out subpart 1 of part A
of title IV of the Higher Education Act of 1965 for the purpose of
eliminating the estimated accumulated shortfall of budget authority for
such subpart, $4,300,000,000, pursuant to section 303 of H. Con. Res.
95, the concurrent resolution on the budget for fiscal year 2006.
Sec. 306. Subpart 12 of part D of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7265 et seq.) is amended--
(1) in section 5522(b), by adding at the end the following:
``(4) To authorize and develop cultural and educational
programs relating to the Mississippi Band of Choctaw
Indians.'';
(2) in section 5523(a)--
(A) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) The Mississippi Band of Choctaw Indians in Choctaw,
Mississippi.''; and
(3) in section 5525, by adding at the end the following:
``(4) For cultural and educational programs, not less than
$2,000,000 to the Mississippi Band of Choctaw Indians in
Choctaw, Mississippi.''.
Sec. 307. Applications for Impact Aid Payment.
Notwithstanding paragraphs (2) and (3) of section 8005(d) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705(d)(2)
and (3)), the Secretary of Education shall treat as timely filed, and
shall process for payment, an application under section 8002 or section
8003 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2005 from a
local educational agency--
(1) that, for each of the fiscal years 2000 through 2004,
submitted an application by the date specified by the Secretary
of Education under section 8005(c) of such Act for the fiscal
year;
(2) for which a reduction of more than $1,000,000 was made
under section 8005(d)(2) of such Act by the Secretary of
Education as a result of the agency's failure to file a timely
application under section 8002 or 8003 of such Act for fiscal
year 2005; and
(3) that submits an application for fiscal year 2005 during
the period beginning on February 2, 2004, and ending on the
date of enactment of this Act.
Sec. 308. The Secretary of Education shall conduct a study to
evaluate the effectiveness of violence prevention programs receiving
funding under the Safe and Drug-Free Schools and Communities Act (20
U.S.C. 7101 et seq.) based on, among other things, evidence of
deterrent effect, strong research design, sustained effects, and
multiple site replication. The study shall also include information on
what regular assessment mechanisms exist to allow the Department of
Education to evaluate the efficacy of such programs on an ongoing
basis. Not later than 18 months after the date of enactment of this
Act, the Secretary of Education shall submit a report to Congress
describing the findings of the study.
Sec. 309. There are appropriated, out of any money in the Treasury
not otherwise appropriated, $7,000,000 to the National Assessment
Governing Board for the purposes of implementing a National Assessment
of Educational Progress test in United States history.
Sec. 310. (a) In addition to amounts otherwise appropriated under
this Act, there is appropriated, out of any money in the Treasury not
otherwise appropriated, an additional $4,900,000 to carry out part H of
title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6551 et seq.).
(b) Notwithstanding any other provision of this Act, the amount
made available under the heading Health Resources and Services
Administration for construction and renovation is further reduced by
$4,900,000.
Sec. 311. In addition to amounts otherwise appropriated under this
Act, there is appropriated, out of any money in the Treasury not
otherwise appropriated, an additional $7,000,000 to carry out part G of
title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6531 et seq.).
Sec. 312. Thurgood Marshall Legal Educational Opportunity Program
and Positive Behavioral Interventions and Supports. (a) Increases.--In
addition to amounts otherwise appropriated under this Act, there is
appropriated, out of any money in the Treasury not otherwise
appropriated, an additional $3,500,000 for subpart 3 of part A of title
VII of the Higher Education Act of 1965 (20 U.S.C. 1136 et seq.), and
an additional $1,000,000 to the Office of Special Education Programs of
the Department of Education for the expansion of positive behavioral
interventions and supports.
(b) Offset From Consulting Expenses.--
(1) Notwithstanding any other provision of this Act, each
amount provided by this Act for consulting expenses for the
Department of Health and Human Services shall be reduced by the
pro rata percentage required to reduce the total amount
provided by this Act for such expenses by $4,500,000.
(2) Not later than 30 days after the date of enactment of
this Act, the Director of the Office of Management and Budget
shall submit to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate a listing of the amounts by account of the reductions
made pursuant to paragraph (1).
(c) Report on Thurgood Marshall Legal Educational Opportunity
Program.--Not later than September 30, 2006, the Secretary of Education
shall prepare and submit to Congress a report on the evaluation data
regarding the educational and professional performance of individuals
who have participated, during fiscal year 2006 or any preceding year,
in the program under subpart 3 of part A of title VII of the Higher
Education Act of 1965 (20 U.S.C. 1136 et seq.).
Sec. 313. In addition to amounts otherwise appropriated under this
Act, there are appropriated, out of any money in the Treasury not
otherwise appropriated, $5,000,000 to carry out the Federal TRIO
programs under chapter 1 of subpart 2 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.).
Sec. 314. Increased Funding for Education Programs Serving Hispanic
Students. (a) Migrant Education.--In addition to amounts otherwise
appropriated under this Act, there are appropriated, out of any money
in the Treasury not otherwise appropriated, an additional $4,800,000
for the education of migratory children under part C of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et
seq.).
(b) English Language Acquisition.--In addition to amounts otherwise
appropriated under this Act, there are appropriated, out of any money
in the Treasury not otherwise appropriated, an additional $7,650,000
for English language acquisition programs under part A of title III of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6811 et
seq.).
(c) HEP/CAMP.--In addition to amounts otherwise appropriated under
this Act, there are appropriated, out of any money in the Treasury not
otherwise appropriated, an additional $2,850,000 for the High School
Equivalency Program and the College Assistance Migrant Program under
section 418A of the Higher Education Act of 1965 (20 U.S.C. 1070d-2).
(d) ESL/CIVICS Programs.--In addition to amounts otherwise
appropriated under this Act, there are appropriated, out of any money
in the Treasury not otherwise appropriated, an additional $3,250,000
for English as a second language programs and civics education programs
under the Adult Education Act (20 U.S.C. 9201 et seq.).
(e) Parent Assistance and Local Family Information Centers.--In
addition to amounts otherwise appropriated under this Act, there are
appropriated, out of any money in the Treasury not otherwise
appropriated, an additional $6,500,000 for the Parent Assistance and
Local Family Information Centers under subpart 16 of part D of title V
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7273
et seq.).
(g) Hispanic-serving Institutions.--In addition to amounts
otherwise appropriated under this Act, there are appropriated, out of
any money in the Treasury not otherwise appropriated, $4,950,000 for
Hispanic-serving institutions under title V of the Higher Education Act
of 1965 (20 U.S.C. 1101 et seq.).
This title may be cited as the ``Department of Education
Appropriations Act, 2006''.
TITLE IV--RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary of the Committee for Purchase From People
Who Are Blind or Severely Disabled established by Public Law 92-28,
$4,669,000.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $316,212,000: Provided, That none of
the funds made available to the Corporation for National and Community
Service in this Act for activities authorized by section 122 of part C
of title I and part E of title II of the Domestic Volunteer Service Act
of 1973 shall be used to provide stipends or other monetary incentives
to volunteers or volunteer leaders whose incomes exceed 125 percent of
the national poverty level: Provided further, That the Corporation
shall use a portion of the funds made available under this heading to
conduct an evaluation, after consultation with experts on national
service programs and rural community leaders, of programs carried out
under the national service laws (consisting of that Act and the
National and Community Service Act of 1990) in rural areas, to
determine utilization of the programs and to develop new and innovative
strategies that would prioritize geographic diversity of the programs
carried out under the national service laws to increase the presence of
the programs in rural areas.
national and community service programs, operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out programs,
activities, and initiatives under the National and Community Service
Act of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $546,243,000, to
remain available until September 30, 2007: Provided, That not more than
$280,000,000 of the amount provided under this heading shall be
available for grants under the National Service Trust Program
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
seq.) (relating to activities of the AmeriCorps program), including
grants to organizations operating projects under the AmeriCorps
Education Awards Program (without regard to the requirements of
sections 121(d) and (e), section 131(e), section 132, and sections
140(a), (d), and (e) of the Act: Provided further, That not less than
$149,000,000 of the amount provided under this heading, to remain
available without fiscal year limitation, shall be transferred to the
National Service Trust for educational awards authorized under subtitle
D of title I of the Act (42 U.S.C. 12601), of which up to $4,000,000
shall be available to support national service scholarships for high
school students performing community service, and of which $10,000,000
shall be held in reserve as defined in Public Law 108-45: Provided
further, That in addition to amounts otherwise provided to the National
Service Trust under the second proviso, the Corporation may transfer
funds from the amount provided under the first proviso, to the National
Service Trust authorized under subtitle D of title I of the Act (42
U.S.C. 12601) upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to Congress: Provided further, That of the amount
provided under this heading for grants under the National Service Trust
program authorized under subtitle C of title I of the Act, not more
than $55,000,000 may be used to administer, reimburse, or support any
national service program authorized under section 121(d)(2) of such Act
(42 U.S.C. 12581(d)(2)): Provided further, That not more than
$15,945,000 shall be available for quality and innovation activities
authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et
seq.): Provided further, That notwithstanding subtitle H of title I of
the Act (42 U.S.C. 12853), none of the funds provided under the
previous proviso shall be used to support salaries and related expenses
(including travel) attributable to Corporation employees: Provided
further, That to the maximum extent feasible, funds appropriated under
subtitle C of title I of the Act shall be provided in a manner that is
consistent with the recommendations of peer review panels in order to
ensure that priority is given to programs that demonstrate quality,
innovation, replicability, and sustainability: Provided further, That
$27,000,000 of the funds made available under this heading shall be
available for the Civilian Community Corps authorized under subtitle E
of title I of the Act (42 U.S.C. 12611 et seq.): Provided further, That
$42,656,000 shall be available for school-based and community-based
service-learning programs authorized under subtitle B of title I of the
Act (42 U.S.C. 12521 et seq.): Provided further, That $4,000,000 shall
be available for audits and other evaluations authorized under section
179 of the Act (42 U.S.C. 12639): Provided further, That $10,000,000 of
the funds made available under this heading shall be made available for
the Points of Light Foundation for activities authorized under title
III of the Act (42 U.S.C. 12661 et seq.), of which not more than
$2,500,000 may be used to support an endowment fund, the corpus of
which shall remain intact and the interest income from which shall be
used to support activities described in title III of the Act, provided
that the Foundation may invest the corpus and income in federally
insured bank savings accounts or comparable interest bearing accounts,
certificates of deposit, money market funds, mutual funds, obligations
of the United States, and other market instruments and securities but
not in real estate investments: Provided further, That no funds shall
be available for national service programs run by Federal agencies
authorized under section 121(b) of such Act (42 U.S.C. 12571(b)):
Provided further, That $5,000,000 of the funds made available under
this heading shall be made available to America's Promise--The Alliance
for Youth, Inc.: Provided further, That to the maximum extent
practicable, the Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the private
sector, and shall reduce the total Federal costs per participant in all
programs: Provided further, That notwithstanding section 501(a)(4) of
the Act, of the funds provided under this heading, not more than
$12,642,000 shall be made available to provide assistance to state
commissions on national and community service under section 126(a) of
the Act: Provided further, That the Corporation may use up to 1 percent
of program grant funds made available under this heading to defray its
costs of conducting grant application reviews, including the use of
outside peer reviewers.
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(4) of the National and Community Service Act of 1990 and under
section 504(a) of the Domestic Volunteer Service Act of 1973, including
payment of salaries, authorized travel, hire of passenger motor
vehicles, the rental of conference rooms in the District of Columbia,
the employment of experts and consultants authorized under 5 U.S.C.
3109, and not to exceed $2,500 for official reception and
representation expenses, $66,750,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $6,000,000,
to remain available until September 30, 2007.
administrative provisions
Notwithstanding any other provision of law, the term ``qualified
student loan'' with respect to national service education awards shall
mean any loan determined by an institution of higher education to be
necessary to cover a student's cost of attendance at such institution
and made, insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
Notwithstanding any other provision of law, funds made available
under section 129(d)(5)(B) of the National and Community Service Act to
assist entities in placing applicants who are individuals with
disabilities may be provided to any entity that receives a grant under
section 121 of the Act.
The Inspector General of the Corporation for National and Community
Service shall conduct random audits of the grantees that administer
activities under the AmeriCorps programs and shall levy sanctions in
accordance with standard Inspector General audit resolution procedures
which include, but are not limited to, debarment of any grantee (or
successor in interest or any entity with substantially the same person
or persons in control) that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps programs,
including any grantee that has been determined to have violated the
prohibition of using Federal funds to lobby the Congress: Provided,
That the Inspector General shall obtain reimbursements in the amount of
any misused funds from any grantee that has been determined to have
committed any substantial violations of the requirements of the
AmeriCorps programs.
For fiscal year 2006, the Corporation shall make any significant
changes to program requirements or policy only through public notice
and comment rulemaking. For fiscal year 2006, during any grant
selection process, no officer or employee of the Corporation shall
knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than an
officer or employee of the Corporation that is authorized by the
Corporation to receive such information.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
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 2006, in addition to the amounts provided above,
$35,000,000 shall be for costs related to digital program production,
development, and distribution, associated with the transition of public
broadcasting to digital broadcasting, to be awarded as determined by
the Corporation in consultation with public radio and television
licensees or permittees, or their designated representatives: Provided
further, That for fiscal year 2006, in addition to the amounts provided
above, $40,000,000 shall be for the costs associated with replacement
and upgrade of the public television interconnection system: Provided
further, That none of the funds made available to the Corporation for
Public Broadcasting by this Act, Public Law 108-199 or Public Law 108-
7, shall be used to support the Television Future Fund or any similar
purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$43,439,000, including $500,000, to remain available through September
30, 2007, for activities authorized by the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the
Director of the Service is authorized to accept and use on behalf of
the United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $7,809,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996,
$290,129,000, to remain available until expended.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $10,168,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public
Law 91-345, as amended), $993,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$3,344,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws,
$252,268,000: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $11,628,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $10,510,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $97,000,000,
which shall include amounts becoming available in fiscal year 2006
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $97,000,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the
fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2007, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $102,543,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $7,196,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office: 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, $20,470,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$29,510,574,000, 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 2006 shall be the
second day of such month: Provided further, That any portion of the
funds provided to a State in the current fiscal year and not obligated
by the State during that year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2007, $11,110,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $15,000 for official reception and
representation expenses, not more than $9,020,400,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $2,000,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2006 not needed for fiscal
year 2006 shall remain available until expended to invest in the Social
Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment and
non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to section 7131 of title 5, United States Code,
and for facilities or support services for labor organizations pursuant
to policies, regulations, or procedures referred to in section 7135(b)
of such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made: Provided further,
That funds provided under this paragraph may be used to complete the
processing of appeals received prior to July 1, 2005 under section 1852
and 1869 of the Social Security Act, notwithstanding section 931(b) of
Public Law 108-173, and the Commissioner of the Social Security
Administration may enter into a reimbursable agreement with the
Secretary of Health and Human Services to process such appeals received
after June 30, 2005 and prior to October 1, 2005.
From funds provided under the first paragraph, not less than
$412,000,000 shall be available for conducting continuing disability
reviews under titles II and XVI of the Social Security Act.
In addition to amounts made available above, and subject to the
same terms and conditions, $189,000,000, for additional continuing
disability reviews, pursuant to section 404(b)(1) of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
In addition, $119,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2006 exceed $119,000,000, the amounts shall be available in
fiscal year 2007 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act
(Public Law 108-203), which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $26,000,000, together with not to exceed $67,000,000, 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.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Salaries
and expenses, Federal Mediation and Conciliation Service''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``Salaries and expenses,
National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated in this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection
of any illegal drug.
Sec. 506. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds appropriated in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government requires any health
care professional to provide, assist in the performance of, or train
others to perform abortions, in violation of that individual's
religious beliefs or moral convictions.
(2) None of the funds appropriated in this Act shall be used by a
Federal agency or program, or by a State or local government to require
any hospital to perform or assist in the performance of an abortion, to
train for, or to make its facilities available for the performance of
an abortion, in violation of that institution's religious beliefs or
moral convictions.
(3) Nothing in this section shall be construed to preempt or
overrule any provision of Title X, Medicaid, or Emergency Medical
Treatment and Active Labor Act (EMTALA) statutes or any regulation
issued thereunder which requires discussing or providing all medically
appropriate information, services, or referring for services.
Sec. 509. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or 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. 510. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established by section 202 of the Controlled Substances Act
(21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may be
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. 512. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
Sec. 513. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 514. None of the funds appropriated in this Act may be used to
enter into an arrangement under section 7(b)(4) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental
financial institution to serve as disbursing agent for benefits payable
under the Railroad Retirement Act of 1974.
Sec. 515. (a) None of the funds provided in this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2006, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees.
None of the funds made available by this Act may be reprogrammed
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of a reprogramming or announcement of
intent to reprogram funds, whichever occurs earlier.
(b) None of the funds provided in this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2006, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress are
notified 15 days in advance of a reprogramming or announcement
of intent to reprogram funds, whichever occurs earlier.
Sec. 516. None of the funds made available in this Act may be used
to reimburse, or provide reimbursement for drugs approved to treat
erectile dysfunction.
Sec. 517. Any limitation, directive, or earmarking contained in
either the House of Representatives or Senate report accompanying H.R.
3010 shall also be included in the conference report or joint statement
accompanying H.R. 3010 in order to be considered as having been
approved by both Houses of Congress.
Sec. 518. (a) This section may be cited as the ``Diversity Visa
Fairness Act of 2005''.
(b)(1) Section 204(a)(1)(I)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(I)(ii)) is amended by striking subclause (II)
and inserting the following:
``(II) An alien who qualifies, through random selection, for a visa
under section 203(c) or adjustment of status under section 245(a) shall
remain eligible to receive such visa or adjustment of status beyond the
end of the specific fiscal year for which the alien was selected if the
alien--
``(aa) properly applied for such visa or adjustment of
status during the fiscal year for which the alien was selected;
and
``(bb) was notified by the Secretary of State, through the
publication of the Visa Bulletin, that the application was
authorized.''.
(2)(A) Notwithstanding any other provision of law, a visa shall be
available for an alien under section 203(c) of the Immigration and
Nationality Act (8 U.S.C. 1153(c)) if--
(i) such alien was eligible for and properly applied for an
adjustment of status under section 245 of such Act (8 U.S.C.
1255) during any of the fiscal years 1998 through 2005;
(ii) the application submitted by such alien was denied
because personnel of the Department of Homeland Security or the
Immigration and Naturalization Service failed to adjudicate
such application during the fiscal year in which such
application was filed;
(iii) such alien moves to reopen such adjustment of status
applications pursuant to procedures or instructions provided by
the Secretary of Homeland Security or the Secretary of State;
and
(iv) such alien has continuously resided in the United
States since the date of submitting such application.
(B) A visa made available under subparagraph (A) may not be counted
toward the numerical maximum for the worldwide level of set out in
section 201(e) of the Immigration and Nationality Act (8 U.S.C.
1151(e)).
(3) The amendment made by paragraph (1) shall take effect on
October 1, 2005.
Sec. 519. (a) Section 316 of the Immigration and Nationality Act (8
U.S.C. 1427), is amended by adding at the end the following:
``(g)(1) The continuous residency requirement under subsection (a)
may be reduced to 3 years for an applicant for naturalization if--
``(A) the applicant is the beneficiary of an approved
petition for classification under section 204(a)(1)(E);
``(B) the applicant has been approved for adjustment of
status under section 245(a); and
``(C) such reduction is necessary for the applicant to
represent the United States at an international event.
``(2) The Secretary of Homeland Security shall adjudicate an
application for naturalization under this section not later than 30
days after the submission of such application if the applicant--
``(A) requests such expedited adjudication in order to
represent the United States at an international event; and
``(B) demonstrates that such expedited adjudication is
related to such representation.
``(3) An applicant is ineligible for expedited adjudication under
paragraph (2) if the Secretary of Homeland Security determines that
such expedited adjudication poses a risk to national security. Such a
determination by the Secretary shall not be subject to review.
``(4)(A) In addition to any other fee authorized by law, the
Secretary of Homeland Security shall charge and collect a $1,000
premium processing fee from each applicant described in this subsection
to offset the additional costs incurred to expedite the processing of
applications under this subsection.
``(B) The fee collected under subparagraph (A) shall be deposited
as offsetting collections in the Immigration Examinations Fee
Account.''.
(b) The amendment made by subsection (a) is repealed on January 1,
2006.
Sec. 520. Notwithstanding any other provision of law, not later
than 60 days after the date of enactment of this Act, MidAmerica St.
Louis Airport in Mascoutah, Illinois, shall be designated as a port of
entry.
Sec. 521. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate scientific information that is deliberately false or
misleading.
Sec. 522. Department of Health and Human Services and Department of
Education Risk Assessment.--(a) Estimate.--The Secretary of Health and
Human Services and the Secretary of Education shall estimate improper
payments pursuant to section 2 of the Improper Payments Information Act
of 2002 (31 U.S.C. 3321 note, Public Law 107-300) under--
(1) in the case of the Secretary of Health and Human
Services, the Temporary Assistance for Needy Families Program
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.), the Foster Care and Adoption Assistance Program
under part E of title IV of such Act (42 U.S.C. 670 et seq.),
the Medicaid program under title XIX of such Act (42 U.S.C.
1396 et seq.), the State Children's Health Insurance Program
under title XXI of such Act (42 U.S.C. 1397aa et seq.), and the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.); and
(2) in the case of the Secretary of Education, title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.).
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Secretary of Health and Human Services, in the case of
the programs specified in subsection (a)(1), and the Secretary of
Education, in the case of the program specified in subsection (a)(2),
shall report to Congress on the specific actions taken under each such
program to comply with section 2 of the Improper Payments Information
Act of 2002, including a schedule for full compliance with such Act
within fiscal year 2006.
Sec. 523. (a) Congress makes the following findings:
(1) The American Jobs Creation Act of 2004 permitted the
outsourcing or privatization by the Internal Revenue Service of
collection of unpaid and past due federal income taxes.
(2) The Internal Revenue Service is about to issue to
private-sector debt collection companies tax collection
contracts that will create up to 4,000 well paying private-
sector jobs.
(3) If the same tax collection activities were conducted by
Federal employees, Federal law would give preferences in
employment to disabled veterans in filling those federal jobs.
(4) By enacting legislation to improve the Internal Revenue
Service's tax collection efforts and outsourcing or privatizing
those efforts, Congress did not intend to curtail the Nation's
long-standing commitment to creating meaningful job
opportunities for disabled veterans and other persons with
severe disabilities.
(5) The contracts the Internal Revenue Service will execute
with private-sector debt collection companies provide a unique
opportunity for the Federal government to stimulate the
creation of well paying jobs for disabled veterans and other
persons with disabilities.
(b) It is the sense of the Senate that--
(1) the Secretary of the Treasury should, to the maximum
extent practicable, ensure that existing Federal employment
preferences for disabled veterans and Federal policies
promoting opportunities for other disabled persons are carried
forward as a part of any tax collection contract program
carried out under section 6306 of the Internal Revenue Code of
1986, as added by the American Jobs Creation Act of 2004, and
(2) the criteria applied by the Internal Revenue Service in
awarding contracts to private-sector tax collection companies
under such program should incorporate a preference for
companies hiring disabled veterans and other disabled persons.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2006''.
Attest:
Secretary.
109th CONGRESS
1st Session
H. R. 3010
_______________________________________________________________________
AMENDMENT