[Congressional Record Volume 151, Number 135 (Friday, October 21, 2005)]
[Senate]
[Pages S11702-S11731]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2006
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will proceed to the immediate consideration of H.R. 3010, which
the clerk will report.
The legislative clerk read as follows:
A bill (H.R. 3010) making appropriations for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2006, and for other purposes.
Thereupon, the Senate proceeded to consider the bill, which had been
reported from the Committee on Appropriations with an amendment.
(Strike the part shown in black brackets and insert the part shown in
italic.)
H.R. 3010
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2006, and for other purposes, namely:
[TITLE I--DEPARTMENT OF LABOR
[Employment and Training Administration
[Training and Employment Services
[(including rescissions)
[For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real
property for training centers as authorized by such Act;
$2,658,792,000 (increased by $58,000,000) plus
reimbursements, of which $1,708,792,000 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 such Act shall be available from October 1, 2005,
until expended; and of which $950,000,000 is available for
obligation for the period April 1, 2006, through June 30,
2007, to carry out chapter 4 of such Act: Provided, That
notwithstanding any other provision of law, of the funds
provided herein under section 137(c) of such Act of 1998,
$212,000,000 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: Provided further, That
$7,936,000 shall be for carrying out section 172 of such Act:
Provided further, That, notwithstanding any other provision
of law or related regulation, $75,759,000 shall be for
carrying out section 167 of such Act, including $71,213,000
for formula grants, $4,546,000 for migrant and seasonal
housing (of which not less than 70 percent shall be for
permanent housing), and $500,000 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 such Act 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 division G of
Public Law 108-7 to carry out section 173(a)(4)(A) of the
Workforce Investment Act of 1998, $20,000,000 is rescinded.
[Of the funds provided under this heading in division B of
Public Law 107-117, $5,000,000 is rescinded.
[Of the funds provided under this heading in division F of
Public Law 108-447 for Community-Based Job Training Grants,
$125,000,000 is rescinded.
[The Secretary of Labor shall take no action to amend,
through regulatory or administration action, the definition
established in 20 CFR 667.220 for functions and activities
under title I of the Workforce Investment Act of 1998 until
such time as legislation reauthorizing the Act is enacted.
[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, $130,985,000,
together with not to exceed $3,299,381,000 (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 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 $130,985,000, together with not to exceed
$672,700,000 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 2,984,000, an additional
$28,600,000 shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata
amount for any increment less than 100,000) from the
Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance or immigration programs, may be
obligated in contracts, grants or agreements with non-State
entities: Provided further, That funds appropriated under
this Act for activities authorized under the Wagner-Peyser
Act, as amended, and title III of the Social Security Act,
may be used by the States to fund integrated Employment
Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under
Office of Management and Budget Circular A-87.
[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 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
[[Page S11703]]
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, $118,123,000, together with not to exceed
$87,988,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund: Provided, That not to exceed $3,000,000 shall be
available for contracts that are not competitively bid.
[Workers Compensation Programs
[(rescission)
[Of the funds provided under this heading in the Emergency
Supplemental Act, 2002 (Public Law 107-117, division B),
$120,000,000 is rescinded.
[Employee Benefits Security Administration
[Salaries and Expenses
[For necessary expenses for the Employee Benefits Security
Administration, $137,000,000.
[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 $296,977,728: 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, $414,284,000, together with $2,048,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and
Harbor Workers' Compensation Act: Provided, That the
Secretary of Labor is authorized to establish and, in
accordance with 31 U.S.C. 3302, collect and deposit in the
Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214)
and for processing applications and issuing registrations
under title I of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.).
[Special Benefits
[(including transfer of funds)
[For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by title 5, chapter 81 of
the United States Code; continuation of benefits as provided
for under the heading ``Civilian War Benefits'' in the
Federal Security Agency Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation Act, 1944;
sections 4(c) and 5(f) of the War Claims Act of 1948 (50
U.S.C. App. 2012); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, as amended,
$237,000,000, together with such amounts as may be necessary
to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That
amounts appropriated may be used under section 8104 of title
5, United States Code, by the Secretary of Labor to reimburse
an employer, who is not the employer at the time of injury,
for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2005, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5,
United States Code, to pay an amount for its fair share of
the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees of
such fair share entities through September 30, 2006: Provided
further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of
the Federal Employees' Compensation Act, $45,001,000 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, $18,454,000;
[(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.
[Black Lung Disability Trust Fund
[(including transfer of funds)
[In fiscal year 2006 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to
remain available until expended, for payment of all benefits
authorized by section 9501(d) (1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended; and interest on
advances, as authorized by section 9501(c)(2) of that Act. In
addition, the following amounts shall be available from the
Fund for fiscal year 2006 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): $33,050,000 for transfer to
the Employment Standards Administration ``Salaries and
Expenses''; $24,239,000 for transfer to Departmental
Management, ``Salaries and Expenses''; $344,000 for transfer
to Departmental Management, ``Office of Inspector General'';
and $356,000 for payments into miscellaneous receipts for the
expenses of the Department of the Treasury.
[Occupational Safety and Health Administration
[Salaries and Expenses
[For necessary expenses for the Occupational Safety and
Health Administration, $477,199,000, including not to exceed
$92,013,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 2006,
to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory
recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further,
That none of the funds appropriated under this paragraph
shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or
order under the Act which is applicable to any person who is
engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees:
Provided further, That no funds appropriated under this
[[Page S11704]]
paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the
Act with respect to any employer of 10 or fewer employees who
is included within a category having a Days Away, Restricted,
or Transferred (DART) occupational injury and illness rate,
at the most precise industrial classification code for which
such data are published, less than the national average rate
as such rates are most recently published by the Secretary,
acting through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except--
[(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
[(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
[(3) to take any action authorized by such Act with respect
to imminent dangers;
[(4) to take any action authorized by such Act with respect
to health hazards;
[(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
[(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs 10 or
fewer employees: Provided further, That not less than
$3,200,000 shall be used to extend funding for the
Institutional Competency Building training grants which
commenced in September 2000, for program activities for the
period of September 30, 2006, to September 30, 2007, provided
that a grantee has demonstrated satisfactory performance:
Provided further, That none of the funds appropriated under
this paragraph shall be obligated or expended to administer
or enforce the provisions of 29 CFR 1910.134(f)(2) (General
Industry Respiratory Protection Standard) to the extent that
such provisions require the annual fit testing (after the
initial fit testing) of respirators for occupational exposure
to tuberculosis.
[Mine Safety and Health Administration
[Salaries and Expenses
[For necessary expenses for the Mine Safety and Health
Administration, $280,490,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities; in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and
may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to
prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations; the Secretary is authorized to recognize the
Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law,
may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in
the national organization; and any funds available to the
department may be used, with the approval of the Secretary,
to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
[Bureau of Labor Statistics
[Salaries and Expenses
[For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$464,678,000, together with not to exceed $77,845,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $5,000,000
may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).
[Office of Disability Employment Policy
[salaries and expenses
[For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $27,934,000.
[Departmental Management
[Salaries and Expenses
[For necessary expenses for Departmental Management,
including the hire of three sedans, $244,112,000 of which
$6,944,000 to remain available until September 30, 2007, is
for Frances Perkins Building Security Enhancements, and
$29,760,000 is for the acquisition of Departmental
information technology, architecture, infrastructure,
equipment, software and related needs, which will be
allocated by the Department's Chief Information Officer in
accordance with the Department's capital investment
management process to assure a sound investment strategy;
together with not to exceed $311,000, which may be expended
from the Employment Security Administration Account in the
Unemployment Trust Fund.
[Veterans Employment and Training
[Not to exceed $194,834,000 (increased by $5,000,000) 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 (increased by $500,000) 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 (increased by $3,000,000), 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, $65,211,000, together with
not to exceed $5,608,000, which may be expended from the
Employment Security Administration Account in the
Unemployment Trust Fund.
[Working Capital Fund
[For the acquisition of a new core accounting system for
the Department of Labor, including hardware and software
infrastructure and the costs associated with implementation
thereof, $6,230,000.
[GENERAL PROVISIONS
[Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
[(transfer of funds)
[Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for
the current fiscal year for the Department of Labor in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by
any such transfer: Provided, That an appropriation 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. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the United States Department of Labor
prior to enactment of this Act.
[Sec. 104. 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.
[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, 711, and 1820 of the Social Security
Act, the Health Care Quality Improvement Act of 1986, as
amended, the Native Hawaiian Health Care Act of 1988, as
amended, the Cardiac Arrest Survival Act of 2000, and the
Poison Control Center Enhancement and Awareness Act, as
amended, and for expenses necessary to support activities
related to countering potential biological, disease, nuclear,
radiological and chemical threats to civilian populations,
$6,446,357,000, of which $39,180,000 from general revenues,
[[Page S11705]]
notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural
hospital flexibility grants program under section 1820 of
such Act: Provided, That of the funds made available under
this heading, $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 $26,000,000 of the funding provided for Health
Centers shall be used for high-need counties, notwithstanding
section 330(s)(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: 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
$116,124,000 is available for carrying out special projects
of regional and national significance pursuant to section
501(a)(2) of such Act.
[Health Education Assistance Loans Program Account
[Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health
Service Act, as amended. For administrative expenses to carry
out the guaranteed loan program, including section 709 of the
Public Health Service Act, $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 $3,500,000
shall be available from the Trust Fund to the Secretary of
Health and Human Services.
[Centers for Disease Control and Prevention
[Disease Control, Research, and Training
[To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act, sections 101, 102,
103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act of 1977, sections 20, 21, and 22 of the
Occupational Safety and Health Act of 1970, title IV of the
Immigration and Nationality Act, and section 501 of the
Refugee Education Assistance Act of 1980, 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, $5,945,991,000, of which $30,000,000 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 $530,000,000 shall remain available
until expended for the Strategic National Stockpile; and of
which $123,883,000 for international HIV/AIDS shall remain
available until September 30, 2007. In addition, such sums as
may be derived from authorized user fees, which shall be
credited to this account: Provided, That in addition to
amounts provided herein, the following amounts shall be
available from amounts available under section 241 of the
Public Health Service Act:
[(1) $12,794,000 to carry out the National Immunization
Surveys;
[(2) $3,516,000 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
$30,000,000 shall be made available until expended for
Individual Learning Accounts for full-time equivalent
employees of the Centers for Disease Control and Prevention:
Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502,
section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Congress is to
be notified promptly of any such transfer: Provided further,
That not to exceed $12,500,000 may be available for making
grants under section 1509 of the Public Health Service Act to
not more than 15 States, tribes, or tribal organizations:
Provided further, That without regard to existing statute,
funds appropriated may be used to proceed, at the discretion
of the Centers for Disease Control and Prevention, with
property acquisition, including a long-term ground lease for
construction on non-Federal land, to support the construction
of a replacement laboratory in the Fort Collins, Colorado
area: Provided further, That 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 for purposes related to homeland security,
shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or the Department
of Health and Human Services during the period of detail or
assignment.
[National Institutes of Health
[National Cancer Institute
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,841,774,000, of
which up to $8,000,000 may be used for facilities repairs and
improvements at the NCI-Frederick Federally Funded Research
and Development Center in Frederick, Maryland.
[National Heart, Lung, and Blood Institute
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,951,270,000.
[National Institute of Dental and Craniofacial Research
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$393,269,000.
[National Institute of Diabetes and Digestive and Kidney Diseases
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,722,146,000.
[National Institute of Neurological Disorders and Stroke
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,550,260,000.
[National Institute of Allergy and Infectious Diseases
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,359,395,000: Provided, That up to $30,000,000
shall be for extramural facilities construction grants to
enhance the Nation's capability to do research on biological
and other agents.
[National Institute of General Medical Sciences
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,955,170,000.
[National Institute of Child Health and Human Development
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,277,544,000.
[National Eye Institute
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $673,491,000.
[National Institute of Environmental Health Sciences
[For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental
health sciences, $647,608,000.
[National Institute on Aging
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,057,203,000.
[[Page S11706]]
[National Institute of Arthritis and Musculoskeletal and Skin Diseases
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $513,063,000.
[National Institute on Deafness and Other Communication Disorders
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $397,432,000.
[National Institute of Nursing Research
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$138,729,000.
[National Institute on Alcohol Abuse and Alcoholism
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $440,333,000.
[National Institute on Drug Abuse
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse,
$1,010,130,000.
[National Institute of Mental Health
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,417,692,000.
[National Human Genome Research Institute
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$490,959,000.
[National Institute of Biomedical Imaging and Bioengineering
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $299,808,000.
[National Center for Research Resources
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,100,203,000: Provided,
That none of these funds shall be used to pay recipients of
the general research support grants program any amount for
indirect expenses in connection with such grants.
[National Center for Complementary and Alternative Medicine
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $122,692,000.
[National Center on Minority Health and Health Disparities
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $197,379,000.
[John E. Fogarty International Center
[For carrying out the activities at the John E. Fogarty
International Center, $67,048,000.
[National Library of Medicine
[For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $318,091,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2006, the Library may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health:
Provided further, That in addition to amounts provided
herein, $8,200,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out National Information Center on Health Services Research
and Health Care Technology and related health services.
[Office of the Director
[(including transfer of funds)
[For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $482,216,000, of
which up to $10,000,000 shall be used to carry out section
217 of this Act: Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That the Director may
direct up to 1 percent of the total amount made available in
this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate:
Provided further, That no such appropriation shall be
decreased by more than 1 percent by any such transfers and
that the Congress is promptly notified of the transfer:
Provided further, That the National Institutes of Health is
authorized to collect third party payments for the cost of
clinical services that are incurred in National Institutes of
Health research facilities and that such payments shall be
credited to the National Institutes of Health Management
Fund: Provided further, That all funds credited to the
National Institutes of Health Management Fund shall remain
available for 1 fiscal year after the fiscal year in which
they are deposited: Provided further, That up to $500,000
shall be available to carry out section 499 of the Public
Health Service Act: 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, $81,900,000, to remain available until
expended.
[Substance Abuse and Mental Health Services Administration
[Substance Abuse and Mental Health Services
[For carrying out titles V and XIX of the Public Health
Service Act (``PHS Act'') with respect to substance abuse and
mental health services, the Protection and Advocacy for
Individuals with Mental Illness Act, and section 301 of the
PHS Act with respect to program management, $3,230,744,000:
Provided, That notwithstanding section 520A(f)(2) of the PHS
Act, no funds appropriated for carrying out section 520A are
available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided
herein, the following amounts shall be available under
section 241 of the PHS Act:
[(1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart II of part B of title
XIX;
[(2) $21,803,000 to carry out subpart I of part B of title
XIX of the PHS Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart I of part B of title
XIX;
[(3) $16,000,000 to carry out national surveys on drug
abuse; and
[(4) $4,300,000 to evaluate substance abuse treatment
programs.
[Agency for Healthcare Research and Quality
[Healthcare Research and Quality
[For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, $318,695,000; and in addition, 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 no amount shall be made available pursuant to
section 927(c) of the Public Health Service Act for fiscal
year 2006.
[Centers for Medicare and Medicaid Services
[Grants to States for Medicaid
[For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $156,954,419,000, to
remain available until expended.
[For making, after May 31, 2006, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 2006 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
[For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2007,
$62,783,825,000, to remain available until expended.
[Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.
[Payments to Health Care Trust Funds
[For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under section 1844, 1860D-16, and 1860D-31 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $177,742,200,000.
[In addition, for making matching payments under section
1844, and benefit payments under 1860D-16 and 1860D-31 of the
Social Security Act, not anticipated in budget estimates,
such sums as may be necessary.
[Program Management
[For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act, and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$3,180,284,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical
[[Page S11707]]
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 CMS's 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.
[Health Maintenance Organization Loan and Loan Guarantee Fund
[For carrying out subsections (d) and (e) of section 1308
of the Public Health Service Act, any amounts received by the
Secretary in connection with loans and loan guarantees under
title XIII of the Public Health Service Act, to be available
without fiscal year limitation for the payment of outstanding
obligations. During fiscal year 2006, no commitments for
direct loans or loan guarantees shall be made.
[Administration for Children and Families
[Payments to States for Child Support Enforcement and Family Support
Programs
[For making payments to States or other non-Federal
entities under titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960 (24 U.S.C.
ch. 9), $2,121,643,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year
2007, $1,200,000,000, to remain available until expended.
[For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under
title IV-A of the Social Security Act before the effective
date of the program of Temporary Assistance for Needy
Families (TANF) with respect to such State, such sums as may
be necessary: Provided, That the sum of the amounts available
to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the
limitations under section 116(b) of such Act.
[For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and
the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3
months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be
necessary.
[Low-Income Home Energy Assistance
[For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,984,799,000 (increased by
$22,000,000).
[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),
$560,919,000, of which up to $9,915,000 shall be available to
carry out the Trafficking Victims Protection Act of 2003
(Public Law 108-193): Provided, That funds appropriated under
this heading pursuant to section 414(a) of the Immigration
and Nationality Act and section 462 of the Homeland Security
Act of 2002 for fiscal year 2006 shall be available for the
costs of assistance provided and other activities to remain
available through September 30, 2008.
[Payments to States for the Child Care and Development Block Grant
[For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and
Development Block Grant Act of 1990), $2,082,910,000 shall be
used to supplement, not supplant State general revenue funds
for child care assistance for low-income families: Provided,
That $18,967,040 shall be available for child care resource
and referral and school-aged child care activities, of which
$992,000 shall be for the Child Care Aware toll-free hotline:
Provided further, That, in addition to the amounts required
to be reserved by the States under section 658G, $270,490,624
shall be reserved by the States for activities authorized
under section 658G, of which $99,200,000 shall be for
activities that improve the quality of infant and toddler
care: Provided further, That $9,920,000 shall be for use by
the Secretary for child care research, demonstration, and
evaluation activities.
[Social Services Block Grant
[For making grants to States pursuant to section 2002 of
the Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX
of such Act shall be 10 percent.
[Children and Families Services Programs
[For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental
Disabilities Assistance and Bill of Rights Act, the Head
Start Act, the Child Abuse Prevention and Treatment Act,
sections 310 and 316 of the Family Violence Prevention and
Services Act, as amended, the Native American Programs Act of
1974, title II of Public Law 95-266 (adoption opportunities),
the Adoption and Safe Families Act of 1997 (Public Law 105-
89), sections 1201 and 1211 of the Children's Health Act of
2000, the Abandoned Infants Assistance Act of 1988, sections
261 and 291 of the Help America Vote Act of 2002, part B(1)
of title IV and sections 413, 429A, 1110, and 1115 of the
Social Security Act, and sections 40155, 40211, and 40241 of
Public Law 103-322; for making payments under the Community
Services Block Grant Act, sections 439(h), 473A, and 477(i)
of the Social Security Act, and title IV of Public Law 105-
285, and for necessary administrative expenses to carry out
said Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the
Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch.
9), the Omnibus Budget Reconciliation Act of 1981, title IV
of the Immigration and Nationality Act, section 501 of the
Refugee Education Assistance Act of 1980, sections 40155,
40211, and 40241 of Public Law 103-322, and section 126 and
titles IV and V of Public Law 100-485, $8,688,707,000, of
which $31,846,000, 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
$6,899,000,000 shall be for making payments under the Head
Start Act, of which $1,400,000,000 shall become available
October 1, 2006, and remain available through September 30,
2007: Provided further, That $384,672,000 shall be for making
payments under the Community Services Block Grant Act:
Provided further, That not less than $7,242,000 shall be for
section 680(3)(B) of the Community Services Block Grant Act:
Provided further, That in addition to amounts provided
herein, $8,000,000 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 $75,000,000 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 $9,919,000 shall be for payments to States to
promote access for voters with disabilities, and of which
$4,960,000 shall be for payments to States for protection and
advocacy systems for voters with disabilities: Provided
further, That $110,000,000 shall be for making competitive
grants to provide abstinence education (as defined by section
510(b)(2) of the Social Security Act) to adolescents, and for
Federal costs of administering the grant: Provided further,
That grants under the immediately preceding proviso shall be
made only to public and private entities which agree that,
with respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not
provide to that adolescent any other education regarding
sexual conduct, except that, in the case of an entity
expressly required by law to provide health information or
services the adolescent shall
[[Page S11708]]
not be precluded from seeking health information or services
from the entity in a different setting than the setting in
which abstinence education was provided: Provided further,
That within amounts provided herein for abstinence education
for adolescents, up to $10,000,000 may be available for a
national abstinence education campaign: Provided further,
That in addition to amounts provided herein for abstinence
education for adolescents, $4,500,000 shall be available from
amounts available under section 241 of the Public Health
Service Act to carry out evaluations (including longitudinal
evaluations) of adolescent pregnancy prevention approaches:
Provided further, That $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including
grants to States to support data collection for a study of
the system's effectiveness.
[Promoting Safe and Stable Families
[For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $99,000,000.
[Payments to States for Foster Care and Adoption Assistance
[For making payments to States or other non-Federal
entities under title IV-E of the Social Security Act,
$4,852,800,000.
[For making payments to States or other non-Federal
entities under title IV-E of the Act, for the first quarter
of fiscal year 2007, $1,730,000,000.
[For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
section 474 of title IV-E, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
[Administration on Aging
[Aging Services Programs
[For carrying out, to the extent not otherwise provided,
the Older Americans Act of 1965, as amended, and section 398
of the Public Health Service Act, $1,376,217,000, 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 $338,695,000,
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.
[Medicare Appeals
[For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such
Act), $60,000,000, to be transferred in appropriate part from
the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Funds.
[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, $58,100,000
(reduced by $12,000,000): Provided, That in addition to
amounts provided herein, $16,900,000 (increased by
$12,000,000) shall be available from amounts under section
241 of the Public Health Service Act to carry out health
information technology network development.
[Office of Inspector General
[For expenses necessary for the Office of Inspector
General, including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, as amended, $39,813,000:
Provided, That of such amount, necessary sums are available
for providing protective services to the Secretary and
investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.
[Office for Civil Rights
[For expenses necessary for the Office for Civil Rights,
$31,682,000, together with not to exceed $3,314,000 to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund.
[Retirement Pay and Medical Benefits for Commissioned Officers
[For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act (10 U.S.C. ch. 55), such amounts as may be
required during the current fiscal year.
[Public Health and Social Services Emergency Fund
[(including transfer of funds)
[For expenses necessary to support activities related to
countering potential biological, disease, nuclear,
radiological and chemical threats to civilian populations,
and to ensure a year-round influenza vaccine production
capacity, the development and implementation of rapidly
expandable influenza vaccine production technologies, and if
determined necessary by the Secretary, the purchase of
influenza vaccine, $183,589,000: Provided, That $120,000,000
of amounts available for influenza preparedness shall remain
available until expended: Provided further, That, in addition
to the amount above, $8,589,000 shall be transferred from
amounts appropriated under the head ``Disease Control,
Research, and Training'' for activities authorized by section
319F-2(a) of the Public Health Service Act to be utilized
consistent with section 319F-2(c)(7)(B)(ii) of such Act.
[GENERAL PROVISIONS
[Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
[Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
[Sec. 203. None of the funds appropriated under this Act
may be used to implement section 399F(b) of the Public Health
Service Act or section 1503 of the National Institutes of
Health Revitalization Act of 1993, Public Law 103-43.
[Sec. 204. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental
Health Services Administration shall be used to pay the
salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level I.
[Sec. 205. None of the funds appropriated in this title for
Head Start shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
[Sec. 206. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health
Service Act, except for funds specifically provided for in
this Act, or for other taps and assessments made by any
office located in the Department of Health and Human
Services, prior to the Secretary's preparation and submission
of a report to the Committee on Appropriations of the Senate
and of the House detailing the planned uses of such funds.
[Sec. 207. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall
determine, but not more than 1.3 percent, of any amounts
appropriated for programs authorized under said Act shall be
made available for the evaluation (directly, or by grants or
contracts) of the implementation and effectiveness of such
programs.
[(transfer of funds)
[Sec. 208. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for
the current fiscal year for the Department of Health and
Human Services in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
an appropriation may be increased by up to an additional 2
percent subject to approval by the House and Senate
Committees on Appropriations: Provided further, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
[(transfer of funds)
[Sec. 209. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes and
centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
[(transfer of funds)
[Sec. 210. Of the amounts made available in this Act for
the National Institutes of
[[Page S11709]]
Health, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of the National Institutes of Health and the Director of the
Office of AIDS Research, shall be made available to the
``Office of AIDS Research'' account. The Director of the
Office of AIDS Research shall transfer from such account
amounts necessary to carry out section 2353(d)(3) of the
Public Health Service Act.
[Sec. 211. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public
Health Service Act unless the applicant for the award
certifies to the Secretary that it encourages family
participation in the decision of minors to seek family
planning services and that it provides counseling to minors
on how to resist attempts to coerce minors into engaging in
sexual activities.
[Sec. 212. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
[Sec. 213. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
[Sec. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2006, that the State will commit additional State
funds, in accordance with subsection (b), to ensure
compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.
[(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human
Services under section 1926 of such Act.
[(c) The State is to maintain State expenditures in fiscal
year 2006 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2005,
and adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The
State is to submit a report to the Secretary on all fiscal
year 2005 State expenditures and all fiscal year 2006
obligations for tobacco prevention and compliance activities
by program activity by July 31, 2006.
[(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2006.
[(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926
from a territory that receives less than $1,000,000.
[Sec. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2006, the Secretary of Health and Human
Services--
[(1) may exercise authority equivalent to that available to
the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)).
The Secretary of Health and Human Services shall consult with
the Secretary of State and relevant Chief of Mission to
ensure that the authority provided in this section is
exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 (22 U.S.C. 3927) and other
applicable statutes administered by the Department of State,
and
[(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary
to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of the Department of Health and
Human Services. The Department of State shall cooperate fully
with the Secretary of Health and Human Services to ensure
that the Department of Health and Human Services has secure,
safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary of Health and Human Services is authorized, in
consultation with the Secretary of State, through grant or
cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or
renovate facilities in those countries as necessary to
conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and
other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
[Sec. 216. The Division of Federal Occupational Health
hereafter may utilize personal services contracting to employ
professional management/administrative and occupational
health professionals.
[Sec. 217. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of
Health may use funds available under section 402(i) of the
Public Health Service Act (42 U.S.C. 282(i)) to enter into
transactions (other than contracts, cooperative agreements,
or grants) to carry out research in support of the NIH
Roadmap for Medical Research.
[(b) Peer Review.--In entering into transactions under
subsection (a), the Director of the National Institutes of
Health may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments
of scientific and technical merit. Such procedures shall
apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the Public Health Service Act
(42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a,
and 289c).
[Sec. 218. Funds which are available for Individual
Learning Accounts for employees of the Centers for Disease
Control and Prevention and the Agency for Toxic Substances
and Disease Registry may be transferred to ``Disease Control,
Research, and Training,'' to be available only for Individual
Learning Accounts: Provided, That such funds may be used for
any individual full-time equivalent employee while such
employee is employed either by CDC or ATSDR.
[Sec. 219. $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 is rescinded.
[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, $14,728,735,000, of which
$7,144,426,000 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 available 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 available for
concentration grants under section 1124A: Provided further,
That $2,269,843,000 shall be available for targeted grants
under section 1125: Provided further, That $2,269,843,000
shall be available for education finance incentive grants
under section 1125A: Provided further, That $9,424,000 shall
be available to carry out part E of title I: Provided
further, That $10,000,000 shall be available for
comprehensive school reform grants under part F of the ESEA.
[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 titles II, part B of title IV, part A of title V, parts A
and B of title
[[Page S11710]]
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, $5,393,765,000, of which $3,805,882,000 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 $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
$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''), $708,522,000:
Provided, That $36,981,000 shall be for subpart 2 of part B
of title V: Provided further, That $127,000,000 shall be
available to carry out part D of title V of the ESEA, of
which $100,000,000 of the funds for subpart 1 shall be for
competitive grants to local educational agencies, including
charter schools that are local educational agencies, or
States, or partnerships of (1) a local educational agency, a
State, or both and (2) at least one non-profit organization
to develop and implement performance-based teacher and
principal compensation systems in high-need areas: Provided
further, That such performance-based compensation systems
must consider gains in student achievement, among other
factors, and may reward educators who choose to work in hard-
to-staff schools: Provided further, That up to $700,000 of
the funds available under title V, part D, subpart 1 of the
ESEA may be used for evaluation of the program carried out
under the DC School Choice Incentive Act of 2003.
[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''), $763,870,000, of which
$400,000,000, shall become available on July 1, 2006, and
remain available through September 30, 2007: Provided, That
$400,000,000 shall be available for subpart 1 of part A of
title IV and $152,537,000 shall be available for subpart 2 of
part A of title IV: Provided further, That $132,621,000 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 $12,193,000 may be
used to carry out section 2345 and $3,035,000 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, $11,813,783,000, of which $6,202,804,000 shall
become available for obligation on July 1, 2006, and shall
remain available through September 30, 2007, and of which
$5,413,000,000 shall become available on October 1, 2006, and
shall remain available through September 30, 2007, for
academic year 2006-2007: Provided, That $11,400,000 shall be
for Recording for the Blind and Dyslexic, Inc., to support
the development, production, and circulation of recorded
educational materials: Provided further, That 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, $3,128,638,000: Provided, That $29,760,000 shall
be used for carrying out the AT Act, including $4,385,000 for
State grants for protection and advocacy under section 5 of
the AT Act and $5,086,000 shall be for alternative financing
programs under section 4(b)(2)(D) of the AT Act: Provided
further, That the Federal share of grants for alternative
financing programs shall not exceed 75 percent, and the
requirements in section 301(c)(2) and section 302 of the AT
Act (as in effect on the day before the date of enactment of
the Assistive Technology Act of 2004) shall not apply to such
grants.
[Special Institutions for Persons With Disabilities
[American Printing House for the Blind
[For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $17,000,000.
[National Technical Institute for the Deaf
[For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $56,137,000, 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.),
$107,657,000: Provided, That from the total amount available,
the University may at its discretion use funds for the
endowment program as authorized under section 207.
[Vocational and Adult Education
[For carrying out, to the extent not otherwise provided,
the Carl D. Perkins Vocational and Technical Education Act of
1998, the Adult Education and Family Literacy Act, and
subparts 4 and 11 of part D of title V of the Elementary and
Secondary Education Act of 1965 (``ESEA''), $1,991,782,000,
of which $1,196,058,000 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, $68,581,000 shall be made available
for integrated English literacy and civics education services
to immigrants and other limited English proficient
populations: Provided further, That of the amount reserved
for integrated English literacy and civics education,
notwithstanding section 211 of the Adult Education and Family
Literacy Act, 65 percent shall be allocated to States based
on a State's absolute need as determined by calculating each
State's share of a 10-year average of the Immigration and
Naturalization Service data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as
measured by the average of the 3 most recent years for which
Immigration and Naturalization Service data for immigrants
admitted for legal permanent residence are available, except
that no State shall be allocated an amount less than $60,000:
Provided further, That of the amounts made available for the
Adult Education and Family Literacy Act, $9,096,000 shall be
for national leadership activities under section 243 and
$6,638,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $94,476,000 shall
be available to support the activities authorized under
subpart 4 of part D of title V of the Elementary and
Secondary Education Act of 1965, of which up to 5 percent
shall become available October 1, 2005, and shall remain
available through September 30, 2007, for evaluation,
technical assistance, school networking, peer review of
applications, and program outreach activities, and of which
not less than 95 percent shall become available on July 1,
2006, and remain available through September 30, 2007, for
grants to local educational agencies: Provided further, That
funds made available to local education agencies under this
subpart shall be used only for activities related to
establishing smaller learning communities in high schools.
[Student Financial Assistance
[For carrying out subparts 1, 3, and 4 of part A, part C
and part E of title IV of the Higher Education Act of 1965,
as amended, $15,283,752,000, which shall remain available
through September 30, 2007.
[The maximum Pell Grant for which a student shall be
eligible during award year 2006-2007 shall be $4,100.
[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, $124,084,000.
[Higher Education
[For carrying out, to the extent not otherwise provided,
section 121 and titles II, III, IV, V, VI, and VII of the
Higher Education Act of 1965 (``HEA''), as amended, section
1543 of the Higher Education Amendments of 1992, the Mutual
Educational and Cultural Exchange Act of 1961, and section
117 of the Carl D. Perkins Vocational and Technical Education
Act, $1,936,936,000 (increased by $27,000,000): Provided,
That $9,797,000, to remain available through September 30,
2007,
[[Page S11711]]
shall be available to fund fellowships for academic year
2007-2008 under part A, subpart 1 of title VII of said Act,
under the terms and conditions of part A, subpart 1: Provided
further, That notwithstanding any other provision of law or
any regulation, the Secretary of Education shall not require
the use of a restricted indirect cost rate for grants issued
pursuant to section 117 of the Carl D. Perkins Vocational and
Technical Education Act of 1998: Provided further, That
$980,000 is for data collection and evaluation activities for
programs under the HEA, including such activities needed to
comply with the Government Performance and Results Act of
1993: Provided further, That notwithstanding any other
provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals
who are participating in advanced foreign language training
and international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That the funds provided for
title II of the HEA shall be allocated notwithstanding
section 210 of such Act.
[Howard University
[For partial support of Howard University (20 U.S.C. 121 et
seq.), $240,790,000, of which not less than $3,524,000 shall
be for a matching endowment grant pursuant to the Howard
University Endowment Act (Public Law 98-480) and shall remain
available until expended.
[College Housing and Academic Facilities Loans Program
[For Federal administrative expenses to carry out
activities related to existing facility loans pursuant to
section 121 of the Higher Education Act of 1965, as amended
$573,000.
[Historically Black College and University Capital Financing Program
Account
[The aggregate principal amount of outstanding bonds
insured pursuant to section 344 of title III, part D of the
Higher Education Act of 1965, shall not exceed $357,000,000,
and the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of such bonds shall not exceed zero.
[For administrative expenses to carry out the Historically
Black College and University Capital Financing Program
entered into pursuant to title III, part D of the Higher
Education Act of 1965, as amended, $210,000.
[Institute of Education Sciences
[For carrying out activities authorized by the Education
Sciences Reform Act of 2002, as amended, the National
Assessment of Educational Progress Authorization Act, section
208 of the Educational Technical Assistance Act of 2002, and
section 664 of the Individuals with Disabilities Education
Act, $522,696,000, 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, $418,992,000.
[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, $49,000,000.
[GENERAL PROVISIONS
[Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
[Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
[Sec. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
[(transfer of funds)
[Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for
the Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the Appropriations Committees of both Houses
of Congress are notified at least 15 days in advance of any
transfer.
[Sec. 305. In addition, for carrying out subpart 1 of part
A of title IV of the Higher Education Act of 1965,
$4,300,000,000 for the purpose of eliminating the estimated
accumulated shortfall of budget authority for such subpart
for awards made through the award year 2005-2006, pursuant to
section 303 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[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,
$357,962,000: 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 notwithstanding section 122(c)
of the Act, the Corporation shall make available up to
$2,000,000 under part C of title I of the Act in a grant to
support Teach for America's efforts to address educational
inequity in low-income rural and urban communities.
[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.), $523,087,000 (reduced by $5,000,000), to remain
available until September 30, 2007: Provided, That not more
than $270,000,000 (reduced by $2,500,000) of the amount
provided under this heading shall be available for grants
under the National Service Trust Program authorized under
subtitle C of title I of the Act (42 U.S.C. 12571 et seq.)
(relating to activities of the AmeriCorps program), including
grants to organizations operating projects under the
AmeriCorps Education Awards Program (without regard to the
requirements of sections 121 (d) and (e), section 131(e),
section 132, and sections 140 (a), (d), and (e) of the Act):
Provided further, That not less than $146,000,000 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
$9,945,000 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.), of which $4,000,000 shall be
available for challenge grants to non-profit organizations:
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
[[Page S11712]]
further, That $25,500,000 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 $40,000,000
(reduced by $2,500,000) shall be available for school-based
and community-based service-learning programs authorized
under subtitle B of title I of the Act (42 U.S.C. 12521 et
seq.): Provided further, That $4,000,000 shall be available
for audits and other evaluations authorized under section 179
of the Act (42 U.S.C. 12639): Provided further, That
$10,000,000 of the funds made available under this heading
shall be made available for the Points of Light Foundation
for activities authorized under title III of the Act (42
U.S.C. 12661 et seq.), of which not more than $2,500,000 may
be used to support an endowment fund, the corpus of which
shall remain intact and the interest income from which shall
be used to support activities described in title III of the
Act, provided that the Foundation may invest the corpus and
income in federally insured bank savings accounts or
comparable interest bearing accounts, certificates of
deposit, money market funds, mutual funds, obligations of the
United States, and other market instruments and securities
but not in real estate investments: Provided further, That no
funds shall be available for national service programs run by
Federal agencies authorized under section 121(b) of such Act
(42 U.S.C. 12571(b)): Provided further, That $5,000,000 of
the funds made available under this heading shall be made
available to America's Promise--The Alliance for Youth, Inc.:
Provided further, That to the maximum extent practicable, the
Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the
private sector, and shall reduce the total Federal costs per
participant in all programs: Provided further, That
notwithstanding section 501(a)(4) of the Act, of the funds
provided under this heading, not more than $12,642,000 shall
be made available to provide assistance to state commissions
on national and community service under section 126(a) of the
Act: Provided further, That the Corporation may use up to one
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.
[NATIONAL AND COMMUNITY SERVICE PROGRAMS SALARIES AND EXPENSES
[For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act
of 1990 (42 U.S.C. 12501 et seq.) 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, $27,000,000.
[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
[(Including Rescission)
[Of the amounts made available to the Corporation for
Public Broadcasting for fiscal year 2006 by Public Law 108-
199, $100,000,000 is rescinded; up to $30,000,000 is
available for grants associated with the transition of public
television to digital broadcasting including costs related to
transmission equipment and program production, development,
and distribution, to be awarded as determined by the
Corporation in consultation with public television licensees
or permittees, or their designated representatives, and up to
$52,000,000 is available pursuant to section 396(k)(10) of
the Communications Act of 1934, as amended, for replacement
and upgrade of the public television interconnection system:
Provided, That section 396(k)(3) shall apply only to amounts
remaining after the allocations made herein.
[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 fiscal year 2008, $400,000,000: Provided, That no funds
made available to the Corporation for Public Broadcasting by
this Act shall be used to pay for receptions, parties, or
similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds contained
in this paragraph shall be available or used to aid or
support any program or activity from which any person is
excluded, or is denied benefits, or is discriminated against,
on the basis of race, color, national origin, religion, or
sex.
[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), $42,331,000: Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special
training activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for
arbitration services shall be credited to and merged with
this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be
available only for education, training, and professional
development of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real,
personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
[Federal Mine Safety and Health Review Commission
[Salaries and Expenses
[For expenses necessary for the Federal Mine Safety and
Health Review Commission (30 U.S.C. 801 et seq.), $7,809,000.
[Institute of Museum and Library Services
[Office of Museum and Library Services: Grants and Administration
[For carrying out the Museum and Library Services Act of
1996, $249,640,000, to remain available until expended.
[Medicare Payment Advisory Commission
[Salaries and Expenses
[For expenses necessary to carry out section 1805 of the
Social Security Act, $10,168,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
[National Commission on Libraries and Information Science
[Salaries and Expenses
[For necessary expenses for the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended), $993,000.
[National Council on Disability
[Salaries and Expenses
[For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $2,800,000.
[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.
[[Page S11713]]
[National Mediation Board
[Salaries and Expenses
[For expenses necessary to carry out the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151-188), including
emergency boards appointed by the President, $11,628,000.
[Occupational Safety and Health Review Commission
[Salaries and Expenses
[For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $10,510,000.
[Railroad Retirement Board
[Dual Benefits Payments Account
[For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $97,000,000, which shall include amounts becoming
available in fiscal year 2006 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds
$97,000,000: Provided, That the total amount provided herein
shall be credited in 12 approximately equal amounts on the
first day of each month in the fiscal year.
[Federal Payments to the Railroad Retirement Accounts
[For payment to the accounts established in the Treasury
for the payment of benefits under the Railroad Retirement Act
for interest earned on unnegotiated checks, $150,000, to
remain available through September 30, 2007, which shall be
the maximum amount available for payment pursuant to section
417 of Public Law 98-76.
[Limitation on Administration
[For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $102,543,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.
[Limitation on the Office of Inspector General
[For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, as amended, not more
than $7,196,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account:
Provided, That none of the funds made available in any other
paragraph of this Act may be transferred to the Office; used
to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities
or services, maintenance services, or administrative services
for the Office; used to pay any salary, benefit, or award for
any personnel of the Office; used to pay any other operating
expense of the Office; or used to reimburse the Office for
any service provided, or expense incurred, by the Office.
[Social Security Administration
[Payments to Social Security Trust Funds
[For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided
under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $20,470,000.
[Supplemental Security Income Program
[For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $29,533,174,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury.
[For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
[For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2007,
$11,110,000,000, to remain available until expended.
[limitation on administrative expenses
[For necessary expenses, including the hire of two
passenger motor vehicles, and not to exceed $15,000 for
official reception and representation expenses, not more than
$9,159,700,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $2,000,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2006
not needed for fiscal year 2006 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section
7131 of title 5, United States Code, and for facilities or
support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the
Treasury, with interest, from amounts in the general fund not
otherwise appropriated, as soon as possible after such
expenditures are made.
[In addition, $119,000,000 to be derived from
administration fees in excess of $5.00 per supplementary
payment collected pursuant to section 1616(d) of the Social
Security Act or section 212(b)(3) of Public Law 93-66, which
shall remain available until expended. To the extent that the
amounts collected pursuant to such section 1616(d) or
212(b)(3) in fiscal year 2006 exceed $119,000,000, the
amounts shall be available in fiscal year 2007 only to the
extent provided in advance in appropriations Acts.
[In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act (Public Law 108-203), which shall remain
available until expended.
[office of inspector general
[(including transfer of funds)
[For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $26,000,000, together with not to exceed
$66,805,000, 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 directly or indirectly, including by
private contractor, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any
State legislature itself.
[(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
[Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Salaries and expenses, Federal Mediation and Conciliation
Service''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``Salaries and expenses, National Mediation
Board''.
[Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry
out any program of distributing sterile needles or syringes
for the hypodermic injection of any illegal drug.
[Sec. 506. 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 under this
Act, and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for any
abortion.
[[Page S11714]]
[(b) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for health
benefits coverage that includes coverage of abortion.
[(c) The term ``health benefits coverage'' means the
package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
[Sec. 508. (a) The limitations established in the preceding
section shall not apply to an abortion--
[(1) if the pregnancy is the result of an act of rape or
incest; or
[(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
[(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
[(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
[(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
[(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
[Sec. 509. (a) None of the funds made available in this Act
may be used for--
[(1) the creation of a human embryo or embryos for research
purposes; or
[(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.208(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 used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
2(b)) providing for, or providing for the assignment of, a
unique health identifier for an individual (except in an
individual's capacity as an employer or a health care
provider), until legislation is enacted specifically
approving the standard.
[Sec. 512. None of the funds made available in this Act may
be 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. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act (20 U.S.C. 9134(f)), as amended by the
Children's Internet Protections Act, unless such library has
made the certifications required by paragraph (4) of such
section.
[Sec. 514. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section
2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the
Children's Internet Protections Act and the No Child Left
Behind Act, unless the local educational agency with
responsibility for such covered school has made the
certifications required by paragraph (2) of such section.
[Sec. 515. 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. 516. (a) None of the funds provided under this Act,
or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for
obligation or expenditure in fiscal year 2006, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
[(1) creates new programs;
[(2) eliminates a program, project, or activity;
[(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
[(4) relocates an office or employees;
[(5) reorganizes or renames offices;
[(6) reorganizes programs or activities; or
[(7) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to
such reprogramming, whichever occurs earlier.
[(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2006, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
[(1) augments existing programs, projects (including
construction projects), or activities;
[(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or
[(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to
such reprogramming, whichever occurs earlier.
[Sec. 517. Section 1015(b) of Public Law 108-173 is amended
by striking ``2005'' and inserting ``2006''.
[Sec. 518. (a) None of the funds made available in this Act
may be used for the payment or reimbursement, including
payment or reimbursement under the programs described in
subsection (b), of a drug that is prescribed to an individual
described in subsection (c) for the treatment of sexual or
erectile dysfunction.
[(b) The programs described in this subsection are the
medicaid program, the medicare program, and health related
programs funded under the Public Health Service Act.
[(c) An individual described in this subsection is an
individual who has a conviction for sexual abuse, sexual
assault, or any other sexual offense, and includes any
individual who is registered (or who is a person required to
register) under section 170101 or 170102 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071,
14072).
[Sec. 519. The amounts otherwise provided in this Act for
the following accounts and activities are hereby reduced by
the following amounts, and none of the funds made available
in this Act may be used to carry out the rescission specified
in this Act under the heading ``Corporation for Public
Broadcasting'':
[(1) ``Department of Labor, Employment and Training
Administration, Training and Employment Services'',
$58,000,000.
[(2) ``Department of Labor, Departmental Management,
Salaries and Expenses'', $4,640,000.
[(3) ``Department of Health and Human Services, Health
Resources and Services Administration, Health Resources and
Services'', $2,920,000.
[(4) ``Department of Education, Higher Education'',
$27,000,000.
[(5) ``Department of Education, Departmental Management,
Program Administration'', $8,380,000.
[Sec. 520. None of the funds made available in this Act may
be used to enforce Determination ED-OIG/A05-D0008 of the
Department of Education.
[Sec. 521. None of the funds appropriated by this Act may
be used by the Pension Benefit Guaranty Corporation to
enforce or implement the ``Settlement Agreement By and Among
UAL Corporation and all Direct and Indirect Subsidiaries and
Pension Benefit Guaranty Corporation'', dated April 22, 2005.
[Sec. 522. None of the funds made available in this Act may
be used to place social security account numbers on
identification cards issued to beneficiaries under the
medicare program under title XVIII of the Social Security
Act.
[Sec. 523. None of the funds made available in this Act may
be used to reimburse, or provide reimbursement, for Viagra,
Levitra, or Cialis.
[Sec. 524. None of the funds made available under this Act
to the Department of Education may be expended in
contravention of section 505 of the Illegal Immigration
Reform and Responsibility Act of 1996 (8 U.S.C. 1623).
[Sec. 525. None of the funds made available in this Act may
be used by the National Institute of Mental Health for any of
the following grants:
[[Page S11715]]
[(1) Grant number MH060105 (Perceived Regard and
Relationship Resilience in Newlyweds).
[(2) Grant number MH047313 (Perceptual Bases of Visual
Concepts in Pigeons).
[Sec. 526. None of the funds made available in this Act may
be used to implement any strategic plan under section 3 of
Executive Order No. 13335 (regarding interoperable health
information technology) that does not require 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. 527. None of the funds made available in this Act may
be used by the Department of Health and Human Services to
appoint an individual to a Federal advisory committee on the
basis of political affiliation, unless required by Federal
statute.
[Sec. 528. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments under a totalization agreement with
Mexico which are inconsistent with Federal law.
[Sec. 529. None of the funds made available in this Act may
be used to administer or pay any special allowance under
section 438(b)(2)(B) of the Higher Education Act of 1965 (20
U.S.C. 1087-1(b)(2)(B)) with respect to--
[(1) any loan made or purchased after the date of enactment
of this Act;
[(2) any loan that had not qualified before such date of
enactment for receipt of a special allowance payment
determined under section 438(b)(2)(B) of the Higher Education
Act of 1965; or
[(3) any loan made or purchased before such date of
enactment with funds described in the first or second
sentence of section 438(b)(2)(B)(i) of such Act if--
[(A) the obligation described in the first such sentence
has, after such date of enactment, matured, or been retired
or defeased; or
[(B) the maturity date or the date of retirement of the
obligation described in the first such sentence has, after
such date of enactment, been extended.
[This Act may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2006''.]
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30,
2006, and for other purposes, namely:
TITLE I--DEPARTMENT 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 until
such time as legislation reauthorizing the Act is enacted.
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, $132,825,000,
together with not to exceed $3,326,954,000 (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,
[[Page S11716]]
$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'';
[[Page S11717]]
$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).
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
[[Page S11718]]
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.
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,
$7,398,434,000, of which $480,751,000 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
[[Page S11719]]
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
[[Page S11720]]
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
$3,203,418,000, 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.
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
[[Page S11721]]
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.
Promoting Safe and Stable Families
For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $90,000,000.
Payments to States for Foster Care and Adoption Assistance
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $4,852,800,000.
For making payments to States or other non-Federal entities
under title IV-E of the Act, for the first quarter of fiscal
year 2007, $1,730,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
section 474 of title IV-E, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
Administration on Aging
Aging Services Programs
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, and section 398 of
the Public Health Service Act, $1,391,699,000, 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 provisiosn 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,
[[Page S11722]]
$183,589,000: Provided, That $120,000,000 of amounts
available for influenza preparedness shall remain available
until expended.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this Act may be
used to implement section 399F(b) of the Public Health
Service Act or section 1503 of the National Institutes of
Health Revitalization Act of 1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental
Health Services Administration shall be used to pay the
salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level I.
Sec. 205. None of the funds appropriated in this 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.
[[Page S11723]]
(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.
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''),
$1,057,385,000: 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 $417,924,000 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
[[Page S11724]]
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,
$2,104,508,000: 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: 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, $418,992,000.
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.''.
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
[[Page S11725]]
out the provisions of the Domestic Volunteer Service Act of
1973, as amended, $316,212,000: Provided, That none of the
funds made available to the Corporation for National and
Community Service in this Act for activities authorized by
section 122 of part C of title I and part E of title II of
the Domestic Volunteer Service Act of 1973 shall be used to
provide stipends or other monetary incentives to volunteers
or volunteer leaders whose incomes exceed 125 percent of the
national poverty level.
National and Community Service Programs, Operating Expenses
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out
programs, activities, and initiatives under the National and
Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501
et seq.), $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
[[Page S11726]]
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.
[[Page S11727]]
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.
This Act may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2006''.
The ACTING PRESIDENT pro tempore. Under the previous order, the
committee-reported substitute is agreed to and considered as original
text for the purpose of further amendment.
[[Page S11728]]
The committee amendment in the nature of a substitute was agreed to.
The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania is
recognized.
Mr. SPECTER. Mr. President, at the outset, I thank the distinguished
majority leader for calling this bill to the floor. In the past, we
have had difficulties scheduling the Labor-HHS bill. Sometimes this
very important appropriations bill has not received full Senate action.
So I thank Senator Frist for arranging the business of the Senate to
take up this bill.
I also thank the majority leader for his exhortation of Members to be
organized, to bring their amendments to the floor. This is a very
complicated bill and one where we expect a great many amendments. One
of the institutional problems of the Senate has been that when a bill
is pending, the Senators do not come forward promptly with amendments
to move the bill along. For countless hours, we have sat on this floor
with the two lights on in a quorum call, which is our technical way of
saying, you do not have a quorum of Senators on the floor, a majority;
but what it really is, is a delaying practice, when there is nobody
present to carry forward the business of the Senate.
In consultation with the majority leader, I announced last night,
while a majority of the Senators were present, that we were going to be
pressing ahead on amendments, and that I was going to urge the leader
to go to third reading, which is a technical word for final passage, if
amendments were not offered.
Senator Harkin, the distinguished ranking member, whom I thank for
his cooperation on this bill--he and I sent out a letter stating the
same thing. The scourge of the Senate is the quorum call, where we do
not transact the business of the Senate. But when this bill moves into
next week, there will be a press by the managers--by Senator Harkin and
myself--to move to third reading or final passage, if Senators do not
come forward to present their amendments.
Mr. President, this bill contains the largest appropriation of any
bill to come before the Senate, including the Defense bill. It calls
for expenditures in excess of $604 billion. That includes the payments
for Supplemental Security Income payments at the Social Security
Administration, Medicaid, and Medicare. When it comes down to the
discretionary spending, this bill contains $145,693,000,000.
It is an extraordinarily difficult bill to structure because it
involves three of the most important Departments of the Federal
Government: Health, Education, and Labor. When we talk about health and
education, we talk about the two greatest capital assets our country
has. Without health, we cannot function. Without education, people
cannot move ahead to attain their potential. So we are talking about
rock bed issues of great importance to the American people.
The Department of Labor funding, similarly, is very important,
providing for workers' safety, for the arbitration and adjudication of
disputes between management and labor, to have a cohesive workforce and
labor peace, which is indispensable to move ahead on the work of our
country.
We have an extraordinary staff in Bettilou Taylor and Jim Sourwine on
the majority side, and Ellen Murray on the minority side--a staff which
is veteran and experienced, having served for more than a decade with
great expertise in the field.
Senator Harkin and I have worked on a bipartisan basis. Very
frequently, you see clash and clamor and arguments and distension and
disagreement and bickering. That does not happen with the work of this
subcommittee. We have changed the gavel. When it passes from his hands
to mine, or mine to his and back, it is a seamless transfer because we
have a common objective and we work together.
But that does not assist us very much when we take a look at the kind
of funding we have in our tight subcommittee allocation. When you have
$145 billion to work with and the many lines which must be funded, it
just does not go very far. There is a great concern about Federal
expenditures, and it is a justified concern. We do spend too much
money. Our deficit is too high, and our national debt is too high. But
it is a matter of establishing priorities.
In my judgment, having been in this body, now in my 25th year, and
being on the Appropriations Committee for all of those years, the
priorities ought to be directed differently. When you talk about health
and education, the two fundamental capital assets in our society and
our daily lives, the funding is simply inadequate. Nevertheless, with
the professionalism of our staffs and with the work Senator Harkin and
our Full Committee Chairman Senator Cochran, along with the cooperation
of all other members of the Senate, we have amalgamated all of their
priorities into this bill.
The highlights of the bill have been summarized in a comprehensive
statement prepared by Bettilou Taylor. In the course of this relatively
brief presentation, I will summarize the highlights. This budget
contains $29.4 billion for the National Institutes of Health which is
$1.050 billion over last year's budget. This is a tough item to
increase by more than $1 billion, but we have done it with a very sharp
pencil. We have done it because the National Institutes of Health has
the greatest opportunity to improve the health of Americans. During the
tenure that Senator Harkin and I have chaired this subcommittee, we
have increased funding from $12 to $28 billion. Now we are trying to
push it up to 29-plus because of the enormous advances which have been
made in medical science as a result of what NIH has done.
There is great attention paid to cancer--appropriately so--and to
heart disease--again appropriately so--and to Alzheimer's, and
Parkinson's. But there are many lesser known diseases which have a
tremendous impact. Chairing this subcommittee has put me in the
position of being the recipient of calls from many people who are
concerned about so-called orphan diseases which may affect a relatively
small number of people but are very important. These diseases are worth
articulating.
I doubt that our C-SPAN 2 audience is very extensive on a Friday
morning--it is 6:48 A.M. in California--but when people listen and hear
some concern about their particular ailment, it is quite a
psychological boost. I will take a minute or two and run through the
diseases NIH is working on: autism; stroke; obesity; Alzheimer's;
Parkinson's; spinal muscular atrophy; scleroderma; amyotrophic lateral
sclerosis, which is Lou Gehrig's disease; muscular dystrophy;
osteoporosis; cancers, including breast, cervical, ovarian, lymphoma,
multiple myeloma, prostate, pancreatic, colon, head and neck, brain,
lung; and then moving on, pediatric renal disorders; multiple
sclerosis; deafness and other communication disorders; glaucoma;
macular degeneration; sickle cell anemia; heart disease; spinal cord
injury, sudden infant death syndrome; arthritis, schizophrenia, and
other mental disorders; polycystic kidney disease; hepatitis, Cooley's
anemia; primary immune deficiency disorders, autism, stroke, and
obesity.
I would add to this list mesothelioma, an ailment I have become
familiar with during the course of the past 2 years, as we are working
on an asbestos reform bill where so many people are afflicted with this
deadly disease which is contracted from exposure to asbestos. We are
going to ask the National Institutes of Health to devote more
resources. I say ask--not order, but ask--because NIH, on a
professional basis, makes the determination for the allocation of
funding to keep it out of the political realm. But from what I have
seen on mesothelioma, with thousands of people suffering from a disease
which causes death, we need to find better ways of dealing with it. Our
bill on asbestos reform would provide a standard of payment, the
creation of a trust fund of $140 billion, for which I salute my
colleague Senator Hatch, who preceded me as chairman of the Senate
Judiciary Committee, for structuring this idea which we are carrying
forward. It seeks to assist people who cannot get compensation because
their companies are bankrupt. Approximately 80 companies have gone into
bankruptcy because of asbestos claims. That is one illustration of the
potential for the National Institutes of Health funding. I compliment
Dr. Zerhouni, Director of NIH, for doing an excellent job under very
difficult circumstances.
[[Page S11729]]
The bill contains $2 million for embryo adoptions which raises the
issue of stem cell research. This was the legislative vehicle in 1997
which provided a prohibition against Federal funding for stem cell
research where the embryo is destroyed. The House of Representatives
has passed legislation which would remove that prohibition. Senator
Harkin and I have a bill pending in the Senate which would duplicate
the House effort to eliminate that restriction. Consideration was given
to offering an amendment on this bill. Because this is the bill which
has the prohibition, it would be a logical spot to remove it. But it
would cause a multifaceted controversy with about five different
positions to be inserted.
The majority leader has agreed to make this a priority item at the
beginning of the next session of Congress where all facets of the issue
may be explored. There have been some recent developments that there
may be a way to use stem cells without destroying the embryo. If that
can be done, it would be spectacular. But the success of that kind of
research is a long way off. I personally would like to see Federal
funding devoted to all aspects of embryo research because the
potentials are extraordinary. Embryonic stem cells are so superior to
adult stem cells. There are also cord blood stem cells. But the real
opportunity for medical advance lies in the flexible embryonic stem
cells which can, for example, be injected into a diseased heart, where
the embryonic stem cells could have the potential to replace diseased
heart cells. So it is my hope that we will be able to move ahead on
this line.
The subcommittee has held 17 hearings on this subject, starting in
December of 1998, a few days after embryonic stem cells burst on the
scene. Our most recent hearing was earlier this week, on October 19, to
coincide with the announcement in South Korea that they were starting a
worldwide research program with adjunct facilities in San Francisco and
England. While I applaud the efforts of the South Koreans or anyone to
advance medical research with stem cells, it is regrettable that the
United States has not maintained a lead in this line. The objections to
embryonic stem cell research come from the contention that these
embryos have the potential to create life. The conclusive answer to
that argument is that there are some 400,000 embryos that are frozen
and are going to be destroyed. Senator Harkin and I and the
subcommittee have taken the lead in putting up some $2 million for
embryo adoption.
If all of these embryos could be adopted, produce life, I would not
have any interest in advocating scientific research on them. But if
they are going to be thrown away, it makes a lot more sense to use them
than to destroy them. But to the extent that adoption can be promoted,
this subcommittee supports this approach.
Some of the other items worth noting specifically: almost $10 million
for a cord blood stem cell bank, which does provide a line for some
advances on medical research with stem cells; $2 million for start-up
costs on administering asbestos claims, anticipating passage of an
asbestos reform bill--not counting any chickens there; it is a complex
bill, and the majority leader has committed to bringing it up as one of
the first items next year; it is a vital item, but this bill
anticipates some costs along that line--$1 billion for the mesothelioma
registry and tissue bank, which we like to see NIH supplement on
mesothelioma research; $225 million to continue construction projects
for the Centers for Disease Control.
We are calling upon the Centers for Disease Control repeatedly to
take on major emergency tasks. Right now they are involved in trying to
find a potential response for pandemic flu. Senator Harkin and I
visited the Centers for Disease Control several years ago and found the
physical facilities in a state of total disrepair. It would not be
inappropriate to note that the Presiding Officer is a distinguished
Senator from the State of Georgia who has filled my ear with the
importance--and pleasantly so--of maintaining that funding for CDC. We
have $225 million in the bill to improve the facilities at the CDC.
This is illustrative of the difficulties which this subcommittee faces
in responding to so many urgent needs. We have to have our pencils very
sharp to establish priorities.
It is my wish, hope, projection that the Senate, as a whole, would
establish the priorities in our overall budget which will give more
recognition to health, education, and labor issues.
This bill contains $2.183 billion for low-income energy assistance.
That is a figure which is the best we can do, but is palpably
insufficient. I anticipate an amendment, which if no one else offers
one, the chairman will, to increase funding for LIHEAP. It is an
emergency matter. It is an outgrowth in large measure of Katrina. With
the prices of oil and gas going sky high and so many of our seniors
facing the alternative of either heating or eating, this is an item
which grips much of our country and needs further attention.
We have $300 million for Children's Hospital graduate medical
education; $1.8 billion for community health centers; $454 million for
health professions; $104 million for Healthy Start. That is a program I
take special pride in because it was initiated in the early 1980s after
I visited the Alma Illery Hospital in Pittsburgh, and saw for the first
time a 1-pound baby, a human being about as big as the size of my hand.
Healthy Start was named after Head Start to give these infants of
minuscule physiology a chance to live. We incorporated some of Dr.
Koop's ideas on four prenatal visits and one postvisit.
That fund has grown and has taken on a very important role of taking
care of the weakest in our society--1-pound babies.
We put the budget for Head Start at $6.8 billion; $1.6 billion for
worker protection programs; $5.25 billion for job training; almost $13
billion for title I education to disadvantage students; $10.7 billion
for special education, State grants. The Federal Government has an
obligation to do more, and each year we have increased funding for
special education programs and have stretched the funding to the
maximum to come to that figure; $13.2 billion for Pell grants; $4.3
billion for the Pell grant shortfall; $306 million for GEAR UP, an idea
which originated with Congressman Chaka Fattah, from Philadelphia. This
is a mentoring program and was brought to my attention by the
Congressman some 6 years ago. Over the years we have spent some $2
billion on this program and these are funds very well spent--to take
young people in the minority community who have not had the benefit of
a sound family life, who need some guidance, taking them at the eighth
grade and moving them through high school. The results have been
astounding. It has been projected on a nationwide basis. We have $94
million for youth offender programs; $45 million for the new youth gang
prevention initiative; $22.5 million for youth violence prevention at
the Centers for Disease Control. This program will be looking at the
terrible incidence of youth violence plaguing my hometown, Philadelphia
and plaguing my adopted hometown, Washington, DC, as well as so many
other cities in America. There is $400 million for the Corporation for
Public Broadcasting. The list goes on.
I know my distinguished colleague, Senator Grassley, is awaiting an
opportunity to speak. This highlights the contents of this bill where
we have stretched the dollars as far as we can. We understand that our
colleagues will have other ideas for amendments, and we urge them to
come forward.
I do not make the determination as to when we go to third reading or
final passage because I am not the majority leader, but I have
consulted with Senator Frist, and if the bill is stalled by prolonged
quorum calls when we move into next week and we do not have amendments
offered, I am going to use my best efforts to move ahead to final
passage.
One other item which I have discussed with the leadership is the
length of time on the rollcall votes. We have a rule for 15-minute
votes, and there is a practice of a 5-minute extension. I note the
distinguished Presiding Officer nodding in agreement. Sometimes the
votes go 10, 15, 20 minutes over the original 20 minutes and consume a
lot of time. When we have 95 Senators in the Chamber waiting for the
next vote, when we have votes stacked, that just is not right. There
was a day not too long ago when the time limits on voting were strictly
enforced. Let me tell you and the few people watching on C-SPAN,
Senators came and voted. If they know they can stretch out the
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vote, they are going to stretch out the vote. And if you know you have
to be here on time, you will be here on time. It only takes one vote
cutoff to impose strict discipline even on the 100 feudal barons who
occupy the Senate.
I ask the 101st Senator, Bettilou Taylor, is there anything more? She
says no.
I ask unanimous consent that the text of my full statement be printed
in the Record.
There being no objection, the material was ordered to be printed in
the Record as follows:
Floor Statement, Senator Arlen Specter
FY 2006 LABOR, HEALTH AND HUMAN SERVICES AND EDUCATION APPROPRIATIONS
BILL
Mr. President, the legislation before the Senate today
includes funding for the Labor, Health and Human Services and
Education programs at the 302(b) allocation of $141.6
billion. The subcommittee's allocation is about the same as
the President's budget request and $860 million below the
amount that the House of Representatives had to spend on
Labor-HHS programs. The Senate bill also has an additional
$3.4 billion to spend in fiscal year 2006 which was achieved
by requiring that Supplemental Security Income benefit checks
be paid on Monday, October 2, 2006, instead of on Friday,
September 29, 2006. On a program level basis, the bill before
us is $2.3 billion or 1.5 percent over the fiscal year 2005
appropriation and $3.7 billion or 2.6 percent over the
President's budget. Because of the amounts assumed in the
budget resolution, the funds contained in this bill are not
at the levels that I would like, but we did our best given
the subcommittee's budget constraints.
The funds contained in this bill address this Nation's
public health problems and continue to strengthen our
biomedical research, assure a quality education for America's
children, and offer opportunities for individuals seeking to
improve job skills.
At this time, I want to take this opportunity to thank the
distinguished Senator from Iowa, Mr. Harkin, for his hard
work on this bill and helping to bring the bill through the
subcommittee and full committee.
Some of the key funding levels in the bill include: $29.4
billion for the National Institutes of Health, $1.050 billion
over fiscal year 2005; $2 million for embryo adoption; $9.8
million for a cord blood stem cell bank; $2 million for
startup costs for administering asbestos claims; $1 million
for mesothelioma registry and tissue bank; $225 million to
continue construction projects at the Centers for Disease
Control; $2.183 billion for Low-Income Home Energy
Assistance; $300 million for Children's Hospital graduate
medical education; $1.8 billion for community health centers;
$454 million for health professions; $104 million for Healthy
Start; $6.8 billion for Head Start; $1.6 billion for worker
protection programs; $5.25 billion for job training programs;
$12.8 billion for title I grants to disadvantaged students;
$10.7 billion for special education State grants; $13.2
billion for Pell grants to support a maximum grant of $4,050;
$4.3 billion to pay for the Pell grant shortfall; $306.5
million for GEAR UP; $94 million for youth offender programs;
$45 million for a new youth gang prevention initiative; $22.5
million for youth violence prevention at the Centers for
Disease Control; $400 million for the Corporation for Public
Broadcasting, in addition, $35 million is provided for
digitalization conversion; and $40 million for the satellite.
Let me discuss in detail the major elements of this bill:
The bill before the Senate contains $29.3 billion for the
National Institutes of Health. The $1 billion increase over
the fiscal year 2005 appropriation will continue the
important work of thousands of researchers across this
Nation. These additional funds are critical in catalyzing
scientific discoveries that will lead to a better
understanding in preventing and treating the disorders that
afflict men, women, and children in our society.
Each year, the Labor-HHS Subcommittee holds numerous
hearings on medical research issues. Testimony is heard from
the NIH Institute Directors, medical experts, patients,
family members, and advocates asking for increased biomedical
research funding to find the causes and cures for diseases
Alzheimer's and Parkinson's disease, spinal cord injury,
muscular dystrophy, ALS, AIDS, cancer, diabetes, heart
disease, cancer. But the diseases I just mentioned are the
ones that everyone knows. However, there are a number of
orphan diseases, those affecting 200,000 people or less, that
are just as important but not often talked about. Research
also needs to be specifically focused on orphan diseases such
as spinal muscular atrophy, Ataxia's, Batten disease,
fibromyalgia, Fragile X and spina bifida.
The Centers for Disease Control and Prevention is the lead
Federal agency for protecting the health and safety of
Americans at home and abroad. The CDC's ability to respond
quickly to address this nation's health concerns has been
proven over the last several years. Within minutes of the
September 11 attack, CDC set up an emergency operations
center and began to deploy supplies and staff, isssuing
health alerts and responding to State needs. During the
anthrax crisis, CDC redirected more than 2,000 staff to focus
their resources to identifying the disease and ensuring that
health professionals were properly trained in recognizing the
signs of anthrax. During the recent gulf coast hurricanes,
the CDC staff was on the ground to assess and mitigate the
infectious disease risk to residents of flooded areas. To
address these critical needs, the bill includes $6.2 billion
for programs at the Centers for Disease Control and
Prevention. A few years ago, Senator Harkin and I visited the
CDC and were appalled at the deplorable conditions of the
buildings and facilities in Atlanta. Therefore, the committee
has included $225 million to continue the planning, design,
and construction of new facilities, as well as repair and
renovation of the existing structures.
More than 35 new emerging infectious diseases were
identified between 1973 and 2002. Recent experiences with
West Nile virus, SARS, and avian flu illustrate the vital
need to strengthen this Nation's capacity to identify and
combat emerging infectious diseases. The committee has
included $1.7 billion to improve this Nation's research
capacities and to detect and control emerging infectious
disease threats in the United States and around the world.
Over the past several years, the Labor-HHS Subcommittee has
held several hearings to explore the factors leading to
medical errors. The subcommittee heard testimony from family
members and patients detailing their experiences with medical
mistakes. The Institute of Medicine also gave testimony and
outlined findings from their recent report which indicated
that 98,000 deaths occur each year because of medical errors.
The bill before the Senate contains $84 million to reduce
medical errors.
To continue this Nation's efforts to address bioterrorism
threats, the bill provides $2.3 billion.
To help provide primary health care services to the
medically indigent and underserved populations in rural and
urban areas, the bill contains $1.8 billion for community
health centers. This amount represents an increase of $105
million over the fiscal year 2005 appropriation.
For prevention and treatment of substance abuse, the bill
includes $3.4 billion, including $2.1 billion for treatment
programs, $202 million for prevention and $901 million for
mental health programs. The latest estimates indicate that
millions of Americans with serious substance abuse go
untreated each year. The amount provided will help address
the treatment gap.
The bill provides $2.183 billion for the Low-Income Home
Energy Assistance Program, LIHEAP. LIHEAP is a key program
for low-income families in Pennsylvania and States throughout
the Nation. Funding supports grants to States to deliver
critical assistance to low income households to help meet
higher energy costs.
For programs serving the elderly, the bill before the
Senate recommends $3.17 billion, including $436.7 million for
the community service employment program for programs to
provide part-time employment opportunities for low-income
elderly; $354.1 million for supportive services and senior
centers; $219.7 million for the national senior volunteer
corps; $718.7 million for senior nutrition programs; $1.09
billion for research conducted at the National Institute on
Aging; and $160.7 million for family and native American
caregiver support programs.
The bill includes $6 billion for AIDS research, prevention
and services. Included in this amount is $2.08 billion for
Ryan White programs, an increase of $10 million; $657.6
million for AIDS prevention programs at the Centers for
Disease Control and $2.9 billion for AIDS research at the
National Institutes of Health.
The bill includes $574 million for efforts to fight HIV/
AIDS, TB, and Malaria globally, $100 million for the Global
Fund to fight AIDS, TB, and Malaria, $124 million for the CDC
Global AIDS program and $350 million for international AIDS
research at the NIH.
To enable all children to develop and function at their
highest potential, the bill includes $6.87 billion for the
Head Start program, an increase of $31 million over last
year's appropriation.
To enhance this Nation's investment in education, the bill
before the Senate contains $56.7 billion for discretionary
education programs, an increase of $143 million over last
year's funding level and $501 million more than the
President's budget request.
The bill includes $12.8 billion, an increase of $100
million for title I grants to school districts. These funds
will provide services to approximately 15 million school
children in nearly all school districts in the nation.
For impact aid programs, the bill includes $1.24 billion.
Included in the recommendation is: $50 million for payments
for children with disabilities; $1.1 billion for basic
support payments; and $65 million for payments for Federal
property. In addition, $18 million is available for
construction activities at certain impact aid-eligible
schools.
For special education State grants, the bill includes $11.8
billion, an increase of $100.5 million more than provided in
fiscal year 2005. These funds will help local educational
agencies meet the requirement that all children with
disabilities have access to a free, appropriate public
education, and all infants and toddlers with disabilities
have access to early intervention services. These funds will
serve an estimated 6.9 million children age 3-21, with
Federal support providing $1,542 per child.
The bill includes $1 billion for the Reading First State
grants program which provides funds to implement
comprehensive reading
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instruction programs to ensure that every child can read by
the end of the third grade. Also included is $104 million for
the Early Reading First Program which funds programs that
support activities in existing preschool programs designed to
enhance the verbal bills, phonological awareness, letter
knowledge, pre-reading skills and early language development
of children ages 3 through 5. To help struggling middle and
high school students improve their reading skills the bill
includes $35 million.
For community learning centers activities, such as before
and afterschool, recreational, drug, violence prevention and
family literacy programs, the bill includes $991 million for
21st Century Community Learning Centers.
The bill provides $306.5 million for Gaining Early
Awareness and Readiness for Undergraduate Programs. These
funds will be used to assist high schools to help low-income
students prepare for and pursue postsecondary education.
To improve post-secondary education opportunities for low-
income, first-generation college students, the committee
recommendation provides $836.5 million for the TRIO program,
to assist in more intensive outreach and support services for
low income youth.
The bill includes $217 million for charter school grants
which help in the planning, development and implementation of
charter schools. Funding for this important program has more
than doubled since fiscal year 1999.
Also included is $26 million for voluntary public school
choice to expand programs, especially for parents whose
children attend low-performing public schools.
For student aid programs, the bill provides $15.1 billion,
an increase of $838 million over last year's amount. Pell
grants, the cornerstone of student financial aid is funded at
$4,050. The bill also includes $4.3 billion to pay off the
estimated Pell grant shortfall. The bill also includes an
increase of $26 million for the supplemental educational
opportunity grants program.
In this Nation, we know all too well that unemployment
wastes valuable talent and potential, and ultimately weakens
our economy. The bill before us today provides $5.25 billion
for job training programs. This includes $1.58 billion for
the Job Corps; $893 million for adult training; and $1.47
billion for retraining dislocated workers.
The bill provides $1.55 billion for worker protection
programs. While progress has been made in this area, there
are still far too many work-related injuries and illnesses.
The funds provided will continue the programs that inspect
business and industry, assist employers in weeding out
occupational hazards and protect workers' pay and pensions.
There are many other notable accomplishments in this bill,
but for the sake of time, I mentioned just several of the key
highlights, so that the Nation may grasp the scope and
importance of this bill.
In closing, I again thank Senator Harkin and his staff and
the other Senators on the subcommittee for their cooperation.
Mr. SPECTER. Mr. President, I have been asked by the distinguished
majority leader to propound a unanimous consent request.
____________________